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Special Retirement Arrangements Act

Version of section 28 from 2003-01-01 to 2003-08-31:


Marginal note:Regulations

  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations

    • (a) respecting the time or times at which a person or class of persons becomes exempt from the application of the Diplomatic Service (Special) Superannuation Act or the Lieutenant Governors Superannuation Act by an order made under paragraph 3(1)(a) and respecting the manner in which and extent to which any provision of that Act or the regulations made under that Act applies, notwithstanding the exemption, to that person or class of persons and to other persons affected by the exemption, and adapting any such provision to those persons or that class of persons, where necessary for the purpose of providing for the consequences of the exemption or of ensuring the practical operation of that Act or those regulations and a special pension plan;

    • (b) prescribing the time or times at which a person becomes or ceases to be a member of a special pension plan or is deemed to become or to cease to be a member for the purposes of that pension plan or this Act;

    • (c) for the purposes of section 5, designating special pension plans, defining the word “salary”, and establishing the rate or rates at which persons shall contribute to the Registered Pension Plans Account in respect of a special pension plan;

    • (d) respecting the crediting to the Registered Pension Plans Account and the charging to the Consolidated Revenue Fund of amounts representing the aggregate value at any particular time of any benefits that have accrued to a person under the Diplomatic Service (Special) Superannuation Act or the Lieutenant Governors Superannuation Act, as calculated in the prescribed manner;

    • (e) respecting the conditions under which and the extent to which the employment or service that relates to the benefits referred to in paragraph (d) may be counted as pensionable employment or service for the purposes of a special pension plan;

    • (f) prescribing the time or times at which a person becomes or ceases to be subject to a retirement compensation arrangement or is deemed to become or to cease to be subject to a retirement compensation arrangement for the purposes of that arrangement or this Act;

    • (g) respecting elections under paragraph 11(1)(d);

    • (h) for the purposes of section 15, designating retirement compensation arrangements, defining the word “salary” and establishing the rate or rates at which persons shall contribute to the Retirement Compensation Arrangements Account in respect of a retirement compensation arrangement;

    • (i) designating Public Service corporations for the purposes of subsection 16(1) and determining the amounts that Public Service corporations shall pay into the Retirement Compensation Arrangements Account under that subsection;

    • (j) respecting any overpayment made out of the Registered Pension Plans Account or the Retirement Compensation Arrangements Account and respecting the deletion, writing off and remission of amounts required to be paid into either Account;

    • (k) respecting the administration of any special pension plan or retirement compensation arrangement;

    • (l) respecting the termination or winding-up of any special pension plan or retirement compensation arrangement;

    • (m) respecting the retention of an amount referred to in section 25;

    • (n) respecting the time or times at which any person or class of persons becomes exempt from the application of the Public Service Superannuation Act, the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act by an order made under section 27 and respecting the manner in which and extent to which any provision of that Act or the regulations made under that Act applies, notwithstanding the exemption, to that person or class of persons and to other persons affected by the exemption, and adapting any such provision to those persons or that class of persons, where necessary for the purpose of providing for the consequences of the exemption;

    • (o) prescribing any matter or thing that by this Act is to be or may be prescribed; and

    • (p) generally as the Governor in Council may consider necessary for carrying out the purposes and provisions of this Act.

  • Marginal note:Retroactive application of regulations

    (2) Regulations made under paragraph (1)(a), (b), (c), (h), (i) or (n) may, if they so provide, be retroactive and have effect with respect to any period before they are made.


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