1. The definitions in this section apply in these Regulations

“Act”

“Act” means the Public Service Superannuation Act. (Loi)

“agreement to transfer”

“agreement to transfer” means the agreement to transfer between Her Majesty in right of Canada and NAV CANADA, dated April 1, 1996. (accord de transfert)

“civil air navigation services”

“civil air navigation services” has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act. (services de navigation aérienne civile)

“NAV CANADA”

“NAV CANADA” means the corporation that was incorporated on May 26, 1995 under Part II of the Canada Corporations Act as NAV CANADA. (NAV CANADA)

“NAV CANADA divestiture”

“NAV CANADA divestiture” means the transfer of the civil air navigation services from the Public Service to NAV CANADA in accordance with the agreement to transfer. (cession à NAV CANADA)

“NAV CANADA pension plan”

“NAV CANADA pension plan” means the pension plan referred to in the agreement to transfer. (régime de pension de NAV CANADA)

“transfer date”

“transfer date” has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act. (date de cession)

• 2. (1) Subject to subsection (2), these Regulations apply to persons who, on the transfer date, cease to be employed in the Public Service and become employed by NAV CANADA as a result of the NAV CANADA divestiture.

• (2) These Regulations do not apply to persons who subsequently become re-employed by NAV CANADA.

• (3) Sections 4 to 13 do not apply to a person who has exercised an option under subsection 3(2).

• 3. (1) Sections 12, 13, 13.01 and 16 and subsections 17(1) and (3) of the Act only apply to a person on and after the date on which that person ceases to be employed by NAV CANADA.

• (2) Despite subsection (1), where, on or after April 1, 1998 a person would be eligible, were it not for these Regulations, to exercise an option under subsection 12(3), paragraph 13(7)(a) or (b) or section 13.01 of the Act, the person may exercise such an option

  • (a) in the cases referred to in paragraphs 13(7)(a) and (b) of the Act, no later than June 20, 1998; and

  • (b) in the cases referred to in subsection 12(3) and section 13.01 of the Act, no later than April 1, 1999.

• (3) When a person exercises an option under subsection (2), for the purposes of subsection 12(3), paragraphs 13(7)(a) and (b) and section 13.01 of the Act,

  • (a) the period of pensionable service is the period of pensionable service to that person’s credit at the date on which the person ceases to be employed in the Public Service; and

  • (b) the age of the person is the age of that person on April 1, 1998.

• (4) When a person exercises an option under subsection (2), for the purposes of section 13.01 of the Act and sections 83 to 99 of the Public Service Superannuation Regulations, “valuation day” means the date on which the person exercises an option for a transfer value.

• (5) A person who has exercised an option under subsection (2) is not entitled to exercise an option under subsection (1) when the person ceases to be employed by NAV CANADA.