Public Service Superannuation Regulations (C.R.C., c. 1358)

28. [Repealed, SOR/86-741, s. 1]

29. For the purposes of paragraph 17(a)Footnote ¹ of the Act, a person to whom that section applies who holds an office or position or performs services the remuneration for which is payable out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada shall be deemed to be employed in the Public Service during any time that he is

• Return to footnote ¹Paragraph repealed by S.C. 1974-75-76, c. 81, s. 12.

• (a) the Lieutenant Governor of a province;

• (b) a member of the Senate;

• (c) a judge of any court referred to in the Judges Act;

• (d) an employee of Central Mortgage and Housing Corporation;

• (e) a member of the navy, army or air force of Canada or the Royal Canadian Mounted Police; or

• (f) an employee or member of any board, commission, corporation or portion of the public service whose remuneration is payable out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada other than

  • (i) a person appointed as a returning officer under subsection 7(1) of the Canada Elections Act, or

  • (ii) a person employed as a census commissioner or enumerator under subsection 5(1) of the Statistics Act.

• 30. (1) Subject to this section where, during any relevant period,

  • (a) a person has ceased to be employed in the Public Service and has again become employed therein, or

  • (b) the duties or conditions of employment of a person employed in the Public Service have altered,

  his service through that period is deemed to be substantially without interruption (or substantially continuous) within the meaning of the Act.

• (2) Subsection (1) does not apply for the purposes of paragraph 5(1)(c) of the Act in respect of a person referred to in that paragraph who accepts a temporary appointment in the Public Service, in respect of which the average number of scheduled hours of work per week is 30 or more, for a period of more than three months.

• (3) Subsection (1) does not apply for the purposes of paragraphs 5(1)(b) and (c) of the Act where, during the relevant period, an employee ceased to be employed in the Public Service for any reason for more than one day.

• (4) Subsection (1) does not apply for the purposes of clause 6(1)(a)(iii)(E) of the Act in respect of the relevant period where an employee, during that period,

  • (a) being a contributor under the Superannuation Act ceased to be a contributor; or

  • (b) being required to contribute in accordance with subsection 5(1) of the Act ceased to be so required to contribute.

• (5) Subsection (1) does not apply for the purposes of section 12 of the Act in respect of the relevant period where an employee, during that period, ceased to be employed in the Public Service for a continuous period exceeding one day.

• (6) Subsection (1) does not apply for the purposes of subsection 13(4) of the Act in respect of the relevant period where an employee during that period ceased to be employed in the Public Service for any reason and,

  • (a) in respect of a period of service referred to in paragraph 13(5)(a) of the Act, did not again become employed therein within three months from the date on which he so ceased to be employed; or

  • (b) in respect of a period referred to in paragraph 13(5)(b) of the Act, did not again become employed therein within the time stipulated in the agreement referred to in that paragraph.

• (7) Subsection (1) does not apply for the purpose of section 31 of the Act in respect of the relevant period where an employee, during that period, ceased to be employed in the Public Service or ceased to be a member of the regular forces or of the Force for any reason and did not again become employed in the Public Service or become a member of the regular forces or of the Force within three months from the date on which he so ceased to be employed or to be a member.

• (8) Subsection (1) does not apply for the purpose of subsection 11(5) of the Act in respect of the relevant period where an employee during that period ceased to be employed in the Public Service for a continuous period exceeding three months.