Bill C-18

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-18

An Act to amend the Royal Canadian Mounted Police Superannuation Act, to validate certain calculations and to amend other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT

1. The headings before section 3 of the Royal Canadian Mounted Police Superannu- ation Act are replaced by the following:

INTERPRETATION

2. (1) The portion of subsection 3(1) of the Act before the definition “active service” is replaced by the following:

3. (1) In this Act,

(2) The definitions “active service”, “disabled”, “member of the Force”, “service in the Force”, “World War I” and “World War II” in subsection 3(1) of the Act are replaced by the following:

“active service” means any service that is specified in the regulations to be active service and is deemed for the purposes of this Act to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following their discharge, on their release from that hospital;

“disabled”, except in Part II, as applied to any member of the Force, means incapable, by reason of any condition, of performing their duties as a member of the Force, and, for the purposes of section 12 as applied to any person, means ordinarily incapable, by reason of any condition, of pursuing any substantially gainful occupation;

“member of the Force” means a member of the Force, as those terms are defined in the Royal Canadian Mounted Police Act, holding a rank in the Force, and any other member of the Force, as those terms are defined in that Act, of a class designated in accordance with the regulations for the purposes of this Act;

“service in the Force” includes any period of service

(a) as a special constable of the Force before April 1, 1960,

(b) as a police officer that is counted as pensionable service under subsection 24.1(9),

(c) as a police officer that is described in clause 6(b)(ii)(A) or (L) if the contributor elects to pay for that service, and

(d) as a police officer or as a member of the Force that forms part of any period of service described in any of clauses 6(b)(ii)(H), (I), (O) and (P) if the contributor elects to pay for that service;

“World War I” means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Act, to have terminated on August 31, 1921;

“World War II” means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Act, to have terminated on September 30, 1947.

(3) Subsections 3(2) and (3) of the Act are replaced by the following:

(2) A reference in this Act to the Canadian Forces Superannuation Act includes a reference to any other Act of Parliament in force either before or after April 1, 1960 providing for the payment of pensions to members of the Canadian Forces based on length of service.

(3) For the purposes of this Act, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a person who is employed under the authority of the Royal Canadian Mounted Police Act but who is not a member of the Force is deemed to be employed in the public service, and any period of service of a person during which they were employed under the authority of that Act but were not a member of the Force or during which they were a person to whom Part VII of the former Act applied is deemed to be a period of service during which they were employed in the public service.

3. The Act is amended by adding the following after section 3:

PART I

SUPERANNUATION

4. Subsection 10(4) of the Act is amended by adding the following after paragraph (a):

(b) a person who has to their credit pensionable service that includes any period described in any of clauses 6(b)(ii)(L), (O) and (P) and subsection 24.1(9) is deemed to have received during that period the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations.

5. (1) Subsection 11(11) of the Act is replaced by the following:

(11) Despite anything in this section, except as provided for in subsection (2), (7), (8), (10) or (11.1), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled only to a return of contributions.

(11.1) A contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled to a deferred annuity if they

(a) have to their credit two or more years of pensionable service in respect of which they have made an election under subsection 24(5) or under any regulations made under subsection 27(2); and

(b) are not entitled to an immediate annuity.

(2) Section 11 of the Act is amended by adding the following after subsection (12):

(13) For the purposes of this section, in calculating the length of service in the Force of a contributor, there shall not be included any period of service in respect of which they were paid a return of contributions or other lump sum payment under this Part and for which they did not elect to pay.

6. The Act is amended by adding the following after section 12.1:

12.2 (1) Any return of contributions to which a contributor is entitled shall be paid in accordance with section 12.1 in respect of any period of service that is included in the contributor’s pensionable service and in respect of which

(a) a payment has been made into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund

(i) under an agreement entered into under section 24.1, or

(ii) in respect of an election made by a contributor under this Part; and

(b) at the time the payment was made, the Pension Benefits Standards Act, 1985 or a substantially similar provincial law required the locking-in of contributions.

(2) For the purposes of this section, paragraph (b) of the definition “return of contributions” in subsection 9(1) is deemed to include a reference to the total payment made under an agreement entered into under section 24.1 or in respect of an election made by a contributor under this Part.

12.3 If a contributor is entitled to a return of contributions in respect of any period of service for which the contributor has made an election referred to in clause 6(b)(ii)(O), the return of contributions in respect of that period shall be paid in accordance with section 12.1.

7. Paragraph 26(d) of the Act is replaced by the following:

(d) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made or deemed to have been made under this Part;

8. (1) Paragraph 26.1(1)(a) of the Act is replaced by the following:

(a) fixing an annual rate of pay for the purposes of subsection 5(9) or paragraph 10(4)(b) or prescribing the manner of determining the annual rate of pay;

(a.1) determining, for the purposes of paragraphs (b) to (d) of the definition “service in the force” in subsection 3(1), who is a police officer;

(2) Subsection 26.1(2) of the Act is replaced by the following:

(2) Regulations made under paragraph (1)(a), (c), (d), (h) or (h.4) may, if they so provide, have retroactive effect.

9. The Act is amended by adding the following before section 32:

31.1 For the purposes of this Part, paragraphs (b), (c) and (d) of the definition “service in the Force” in subsection 3(1) apply only in respect of service as a member of a provincial or municipal police force with which the Minister has entered into an arrangement under section 20 of the Royal Canadian Mounted Police Act.

10. Section 32 of the Act is replaced by the following:

32. Subject to this Part and the regulations, an award in accordance with the Pension Act shall be granted to or in respect of the following persons if the injury or disease — or the aggravation of the injury or disease — resulting in the disability or death in respect of which the application for the award is made arose out of, or was directly connected with, the person’s service in the Force:

(a) any person to whom Part VI of the former Act applied at any time before April 1, 1960 who, either before or after that time, has suffered a disability or has died; and

(b) any person who served in the Force at any time after March 31, 1960 as a contributor under Part I of this Act and who has suffered a disability, either before or after that time, or has died.

11. Subsection 34(2) of the Act is repealed.

VALIDATION

12. Every calculation made before October 26, 2006 of benefits payable under the Royal Canadian Mounted Police Superannu- ation Act — to or in respect of a former member of the Force within the meaning of subsection 3(1) of that Act — in respect of part-time service is valid to the extent that the result of the calculation is the same as it would have been if the calculation had been made in accordance with the Royal Canadian Mounted Police Superannuation Regulations, as those regulations read on October 26, 2006.

13. The manner in which any amount required to be paid in respect of a period of service referred to in clause 6(b)(ii)(A) of the Royal Canadian Mounted Police Superannu- ation Act is determined before the regulations referred to in paragraph 7(1)(c) of that Act come into force is valid.

CONSEQUENTIAL AND RELATED AMENDMENTS

An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act

14. Subsection 69(3) of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act is repealed.

Public Sector Pension Investment Board Act

15. Subsection 172(3) of the Public Sector Pension Investment Board Act is repealed.

An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts

16. Subsection 57(2) of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts is repealed.

COMING INTO FORCE

17. Despite subsection 230(3) of the Public Sector Pension Investment Board Act and section 71 of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, chapter 26 of the Statutes of Canada, 2003, the following provisions come into force on the day on which this Act receives royal assent:

(a) subsection 172(2) and section 191 of the Public Sector Pension Investment Board Act;

(b) clauses 6(b)(ii)(L), (O) and (P) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 172(4) of the Public Sector Pension Investment Board Act; and

(c) section 44 of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, chapter 26 of the Statutes of Canada, 2003.