Bill C-23
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| R.S., c. 1 (2nd
Supp.)
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CUSTOMS ACT |
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96. Paragraph 45(3)(a) of the Customs
Act is replaced by the following:
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| R.S.C. 1970,
c. D-3
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DEFENCE SERVICES PENSION CONTINUATION ACT |
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| 1992, c. 46,
s. 84
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97. Section 26.1 of the Defence Services
Pension Continuation Act is replaced by the
following:
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| Election for
officers
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26.1 (1) If the person to whom an officer is
married or with whom the officer is cohabiting
in a relationship of a conjugal nature, having
so cohabited for a period of at least one year,
could not be granted, by reason of paragraph
26(d) or (e), a pension under section 25 in the
event of the officer's death, the officer may
elect, in accordance with the regulations, to
reduce the amount of the officer's pension in
order that a pension could be granted to the
person under subsection (2).
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| Payment
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(2) The Minister shall grant a pension to the
person referred to in subsection (1) in an
amount determined in accordance with the
election and the regulations, if
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| No
entitlement
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(3) A person who is entitled to receive a
pension under section 32 after the officer's
death is not entitled to a pension under
subsection (2) in respect of that officer.
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| Regulations
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(4) The Governor in Council may make
regulations respecting
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| 1980-81-82-8
3, c. 100,
s. 45
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98. (1) Subsection 35.1(1) of the Act is
replaced by the following:
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| Diversion of
payments to
satisfy
financial
support order
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35.1 (1) When any court in Canada of
competent jurisdiction has made an order
requiring a pensioner to pay financial support,
amounts payable to the pensioner under this
Act are subject to being diverted to the person
named in the order in accordance with Part II
of the Garnishment, Attachment and Pension
Diversion Act.
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| 1999, c. 34,
s. 215
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(2) Subsection 35.1(3) of the Act is
repealed.
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| R.S., c. D-2
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DIPLOMATIC SERVICE (SPECIAL) SUPERANNUATION ACT |
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99. Section 2 of the Diplomatic Service
(Special) Superannuation Act is amended by
adding the following in alphabetical order:
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| ``common-la
w partner'' « conjoint de fait »
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``common-law partner'' means a person who
establishes that the person is cohabiting
with a Public Official in a relationship of a
conjugal nature, having so cohabited for a
period of at least one year;
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| ``survivor'' « survivant »
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``survivor'' means a person
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100. (1) Subsection 5(9) of the Act is
replaced by the following:
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| Return of
contributions
to survivor
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(9) On the death of a Public Official who is
a contributor under this Act, other than a
Public Official who has made an election
under subsection 9(1), there shall be paid, as
a death benefit, to his or her survivor the total
amount of the contributions made by that
Public Official under this Part, together with
interest, if any, calculated pursuant to
subsection (10).
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| Apportion- ment of death benefit when two survivors
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(9.1) When a death benefit is payable under
subsection (9) and there are two survivors of
the Public Official, the total amount of the
death benefit shall be apportioned in
accordance with subsections (9.2) and (9.3).
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| Amount
payable to
spouse
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(9.2) The survivor referred to in paragraph
(a) of the definition ``survivor'' in section 2 is
entitled to receive the proportion of the death
benefit that
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bears to
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| Amount
payable to
common-law
partner
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(9.3) The survivor referred to in paragraph
(b) of the definition ``survivor'' in section 2 is
entitled to receive the proportion of the death
benefit that
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bears to
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| Years
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(9.4) In determining a number of years for
the purpose of subsection (9.2) or (9.3), a part
of a year shall be counted as a full year if the
part is six or more months and shall be ignored
if it is less.
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(2) The portion of subsection 5(10) of the
Act before paragraph (a) is replaced by the
following:
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| Interest on
payment of
amount of
contributions
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(10) When, at any time after December 31,
1974, a Public Official or his or her survivor
becomes entitled, pursuant to subsection (1),
(8) or (9) or 9(6) or section 12, to be paid any
amount of the contributions made by the
Public Official under this Part, the President of
the Treasury Board shall
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101. (1) Subsections 9(2) and (3) of the Act
are replaced by the following:
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| Pension to
spouse or
common-law
partner
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(2) When a Public Official is receiving a
pension under subsection (1), the Public
Official's spouse or common-law partner is
entitled to a pension equal to one-half of the
pension to which that Public Official is
entitled.
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| Apportion- ment between a spouse and common-law partner
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(2.1) If a Public Official has both a spouse
and a common-law partner on the first day that
the Public Official's pension is payable, the
pension referred to in subsection (2) shall be
apportioned between the spouse and the
common-law partner on the basis of their
number of years of cohabitation with the
Public Official before that day.
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| Pension
payable to
spouse
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(2.2) The spouse of the Public Official is
entitled to receive the proportion of the
amount referred to in subsection (2) that
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bears to
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| Pension
payable to
common-law
partner
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(2.3) The common-law partner of the Public
Official is entitled to receive the proportion of
the amount referred to in subsection (2) that
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bears to
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| When only
one person
entitled
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(2.4) If, in respect of a Public Official,
subsection (2.1) does not apply, the only
person who is entitled to a pension under
subsection (2) is
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| Pension to
survivor
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(3) When a Public Official who has made an
election under subsection (1) dies while
holding office as a Public Official, his or her
survivor is entitled to a pension equal to
one-half of the pension to which that Public
Official would have been entitled had he or
she, immediately prior to his or her death,
retired or resigned from office, having
become afflicted with a permanent infirmity
disabling him or her from the due execution of
his or her office.
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(2) Subsection 9(6) of the Act is replaced
by the following:
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| Return of
contributions
to survivor
not entitled to
pension
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(6) When a Public Official who has made an
election under subsection (1) dies while
holding office as a Public Official and the
survivor is not entitled to a pension under
subsection (3), there shall be paid, as a death
benefit, to the survivor the total amount of the
contributions made by the Public Official
under this Part, together with interest, if any,
calculated pursuant to subsection 5(10).
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| Apportion- ment when two survivors
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(7) When a pension is payable under
subsection (3) or a death benefit is payable
under subsection (6) and there are two
survivors of the Public Official, the total
amount of the pension or death benefit shall be
apportioned in accordance with subsections
(8) and (9).
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| Amount
payable to
spouse
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(8) The survivor referred to in paragraph (a)
of the definition ``survivor'' in section 2 is
entitled to receive the proportion of the
pension or death benefit that
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bears to
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| Amount
payable to
common-law
partner
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(9) The survivor referred to in paragraph (b)
of the definition ``survivor'' in section 2 is
entitled to receive the proportion of the
pension or death benefit that
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bears to
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| Years
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(10) In determining a number of years for
the purpose of this section, a part of a year
shall be counted as a full year if the part is six
or more months and shall be ignored if it is
less.
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102. The Act is amended by adding the
following after section 9:
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| Election
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9.1 (1) If, after the retirement or resignation
of a Public Official who is not a contributor
under the Public Service Superannuation Act
and who is not a member of a special pension
plan established under the Special Retirement
Arrangements Act, the Public Official elects
within any period prescribed by the
regulations to accept a pension authorized by
this section, the Public Official is entitled, in
lieu of the pension to which he or she is
entitled on the date of the election, to a
pension equal to two thirds of that pension.
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| Pension to
spouse or
common-law
partner
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(2) The spouse or common-law partner of
the Public Official on the day of the election
referred to in subsection (1) is entitled to a
pension equal to one half of the pension to
which the Public Official is entitled under that
subsection.
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| Pension is
payable
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(3) A pension that is authorized by this
section becomes payable the month following
the month in which the election made under
subsection (1) is approved by the Minister.
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| No
entitlement
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(4) A spouse or common-law partner who is
entitled to a pension under section 9 in respect
of a Public Official is not entitled to a pension
under this section in respect of that Public
Official.
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103. Subsection 11(5) of the Act is
replaced by the following:
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| Where
sections 5, 6,
9 and 9.1 do
not apply
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(5) Sections 5 and 6 do not apply to a Public
Official who has made an election under this
section, and sections 9 and 9.1 do not apply to
the spouse, common-law partner or survivor
of a Public Official who has made an election
under this section.
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104. Section 12 of the Act is replaced by
the following:
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| Minimum
benefit
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12. When, on the death of a Public Official,
there is no survivor to whom a pension or
return of contributions under this Part may be
paid, or if the survivor of a Public Official who
is or would be entitled to a pension under this
Act dies or ceases to be entitled to the pension
or return, any amount by which the total
amount of the contributions made by the
Public Official under this Part, together with
interest, if any, calculated pursuant to
subsection 5(10), exceeds the total amount
paid to the Public Official and the survivor
under this Act shall be paid, as a death benefit,
to his or her estate or succession or, if less than
one thousand dollars, as the President of the
Treasury Board may direct.
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105. Subsection 14(2) of the Act is
replaced by the following:
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| Diversion of
payments to
satisfy
financial
support order
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(2) When any court in Canada of competent
jurisdiction has made an order requiring a
Public Official to pay financial support,
amounts payable to that Public Official under
this Act are subject to being diverted to the
person named in the order in accordance with
Part II of the Garnishment, Attachment and
Pension Diversion Act.
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