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

6.2 For the purposes of sections 5.1 and 5.2 and paragraph 8(2)(b.1) of the Act, of the definitions “full-time” and “part-time employee” in subsection 3(2) and of subsection 3(3) and sections 6.6, 6.7 and 30.1 to 30.3, the average number of hours per week for which a part-time employee is engaged to work is

• (a) where the employee is engaged to work the same number of hours each week in one or more positions, the total of those hours; and

• (b) where the employee is not engaged to work the same number of hours each week,

  • (i) where the employee works according to a regular work cycle with scheduled hours of work, the total number of the scheduled hours of work during a work cycle divided by the number of weeks in the cycle, and

  • (ii) in any other case, the total number of the scheduled hours of work during a three-month period divided by the number of weeks in the period.

• 6.3 (1) A person referred to in section 5.2 of the Act may elect, pursuant to that section, to contribute to the Superannuation Account on or before the latest of

  • (a) July 4, 1996,

  • (b) six months after the day on which a written notice is sent to the person stating that the person is eligible to make such an election, and

  • (c) where the person was absent on leave without pay on July 4, 1994, six months after the day on which the person returns to duty.

• (2) Where it has been established that a person referred to in subsection (1) received, from a person employed in the Public Service whose ordinary duties included the giving of advice respecting the application of the Act, erroneous or misleading advice regarding the time within which an election under section 5.2 of the Act may be made or regarding the application of the Act or these Regulations to a part-time employee, the Minister shall send to the person who received the information a written notice containing the correct information and stating that the person is entitled to make the election within the time limit specified in subsection (3).

• (3) Notwithstanding subsection (1), the person who receives a notice in accordance with subsection (2) may make an election not later than three months after the day on which the notice is sent.

• 6.4 (1) Subject to subsection (3), a person may revoke an election made under section 5.2 of the Act where it has been established that the person received, from a person employed in the Public Service whose ordinary duties included the giving of advice respecting the application of the Act, erroneous or misleading advice regarding the application of the Act or these Regulations to a part-time employee.

• (2) Where it has been established that a person has received erroneous or misleading advice as described in subsection (1), the Minister shall send to that person a written notice containing the correct information and that the person is entitled to make the election within the time limit specified in subsection (3).

• (3) The person shall notify the Minister in writing of the revocation of the election within three months after the day on which the notice referred to in subsection (2) is sent.