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Marginal note:Coming into force

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• Marginal note:Coming into force

  (2) Section 103 comes into force on October 1, 1999.

• Marginal note:Coming into force

  Footnote ^*(3) The definition contributor in subsection 53(2), sections 55 to 60, subsections 62(1) and (3), section 63, subsection 64(4), sections 67, 69, 73, 74, 78, 79, 85 and 86, subsections 91(1), (2) and (6), 92(1) and 95(1), sections 96, 107 to 110 and 114, subsection 115(1), sections 117 to 120, 125 and sections 127 to 129, subsections 130(1) and (2), sections 131, 132 and 134, subsection 142(2), section 143, subsections 146(1), 147(1) and 151(1), sections 152, 154, 155, 157, 158 and 160, subsections 161(1) and (4) and 162(1), sections 163, 164 and 168, the definition contributor in subsection 169(1), sections 171 to 174, subsection 176(3), sections 177 to 179, 182, 190 and 191, subsections 193(1) and 194(1), section 195, subsection 198(1), section 199, subsection 201(1) and sections 202, 203 and 227 come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: The definition contributor in subsection 3(1) of the Public Service Superannuation Act, as enacted by subsection 53(2), sections 55 to 60, subsections 62(1) and (3), section 63, subsection 64(4), sections 67, 69, 73, 74, 78, 79, 85 and 86, subsections 91(1), (2) and (6) and 92(1), sections 107 to 110, subsection 115(1), section 117, subsection 118(1), section 119, subsections 120(1) and (2), sections 127 and 134, subsection 142(2), section 143, subsections 146(1), 147(1) and 162(1), sections 163 and 164, the definition contributor in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 169(1), section 171, subsection 172(1), section 173, subsection 174(1), sections 177, 182 and 190, subsections 193(1) and 194(1), section 195, subsection 201(1) and sections 202 and 203 in force January 1, 2000, subsection 95(1), section 96, subsection 151(1), section 152, subsection 198(1) and section 199 in force April 1, 2000, sections 114 and 227 in force October 1, 2000, section 125 and subsection 176(3) in force January 1, 2001, see SI/99-138; sections 178 and 179 in force September 1, 2003, see SI/2003-145; clauses 6(b)(ii)(M) and (N) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 172(4) and subsection 174(2) in force October 26, 2006, see SI/2006-116; section 154 in force March 1, 2007, see SI/2007-21; subsection 172(2), clauses 6(b)(ii)(L), (O) and (P) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 172(4) and section 191 in force June 18, 2009, see 2009, c. 13, s. 17.]

Marginal note:Nominating committee

• 10 (1) The Minister shall establish a nominating committee to establish a list of qualified candidates for proposed appointment as directors. The committee shall consist of eight members appointed as follows:

  • (a) an independent chairperson appointed by the Minister after consulting with the Minister of National Defence and the Minister of Public Safety and Emergency Preparedness who, at the time of appointment,

    • (i) is not entitled to nor has been granted a pension benefit under the Public Service Superannuation Act, the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act,

  • (b) two members appointed by the Minister, after the Minister has received recommendations from the advisory committee referred to in section 41 of the Public Service Superannuation Act, one of whom must represent persons employed in the public service within the meaning of that Act;

  • (c) one member appointed by the Minister who is in receipt of a pension under any of the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act;

  • (d) two members appointed by the Minister of National Defence after that minister has received recommendations from the advisory committee referred to in section 49.1 of the Canadian Forces Superannuation Act; and

  • (e) two members appointed by the Minister of Public Safety and Emergency Preparedness after that minister has received recommendations from the advisory committee referred to in section 25.1 of the Royal Canadian Mounted Police Superannuation Act.

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Marginal note:Annual report required

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• Marginal note:Report available to contributors

  (2) The Board shall make the report available to contributors under the Canadian Forces Superannuation Act, the Public Service Superannuation Act, and the Royal Canadian Mounted Police Superannuation Act as soon as is feasible after it is provided to the ministers under subsection (1).

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• (4) The annual report shall contain

  • (a) the financial statements for the financial year prepared as required under section 35;

  • (b) the annual auditor’s report referred to in section 132 of the Financial Administration Act;

  • (c) a certificate, signed by a director on behalf of the board of directors, stating that the investments of the Board held during the financial year were in accordance with this Act and the Board’s investment policies, standards and procedures;

  • [...]

  • (i) a report of any special examination referred to in subsection 139(1) of the Financial Administration Act; and

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51 The Governor in Council may make regulations

• (a) providing for the counting as service under any of Parts I to III of service as a member of the Canadian Forces after the coming into force of Part I of the Canadian Forces Reorganization Act to the extent provided under this Act for the counting of service in the naval, army or air forces of Canada; and

• (b) for the making of such other adaptations of any of the provisions of this Act as are necessary in order to give effect to those provisions in relation to sections 14 to 17, subsections 20(1) and (2), and section 21 of the National Defence Act.

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Marginal note:Compulsory retirement

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• Marginal note:Seconded officers

  (9) Any officer who is or has been seconded shall, during the time that he is seconded, continue to contribute, from time to time, to the Consolidated Revenue Fund, sums equal to the deductions that would have been made from his pay if he had not been seconded, and he is in such case, upon his retirement from the force, entitled, subject to this Act, to the pension that he would have received if he had continued to serve in the force until the time of his retirement.

• Marginal note:Service in public service, C.E.F., etc.

  (10) In the case of an officer who has been seconded or given leave of absence for service in a position in the public service of Canada or in the Canadian Expeditionary Force or in any other military force raised in Canada for service outside Canada and paid and maintained by the Government of Canada, or who has been permitted to serve in any such force, deductions at the rate of five per cent per annum shall be made from the salary or pay, as the case may be, which such officer is receiving in the public service or as an officer in any such force, and those deductions shall form part of the Consolidated Revenue Fund and shall be treated in all respects as deductions under this Act; and, notwithstanding anything in this Act, the pension granted an officer thus seconded, or thus serving in any such force shall be based on the average annual salary and allowances or pay and allowances, as the case may be, that, during the three years immediately preceding his retirement, the said officer received from the said Government in the public service, or in such force in whichever he may have been serving during the said three years.

• Marginal note:Reservations from salary treated as deductions

  (11) Where, by reason of a position in the public service of Canada to which any officer is seconded, he becomes subject to Part I of the Civil Service Superannuation Act, the reservations from his salary in the public service of Canada by the said Part I required to be made, shall be treated in all respects as deductions under this Act, and as satisfying the contributions that such officer is, by subsections (9) and (10), required to make.

• Marginal note:Computation of pension of officers subject to Civil Service Superannuation Act

  (12) The pension to which any such officer may become entitled shall be computed in respect of the average annual pay and allowances or salary and allowances of which he was in receipt while serving in the force, or, if seconded, in the public service of Canada, as the case may be, during the three years immediately preceding his retirement from the force.

• Marginal note:Adjustment of pension of certain officers

  (13) Any officer who, being seconded, dies after a period at which a pension might be granted him, shall, if he has made the contributions hereinbefore required, be deemed to be on full pay for the purposes of section 25.

• Marginal note:Computation of pensions of members of Defence Council

  (14) The pension of an officer who during his service was a member or associate member of the Defence Council for a period of not less than three continuous years and who, at the date of his retirement, is serving elsewhere in naval, army or air force employment, or is seconded, shall be computed on the average annual amount of the pay and allowances received by him during the last three years while serving as a member or associate member of the Defence Council, if a pension computed in such manner would be more beneficial to the officer than if computed as otherwise provided by this Act.

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