Marginal note:Militiaman’s pension service

• 12 (1) Subject to this Act, every militiaman is entitled to retire and receive a pension for life who

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• Marginal note:Return to service

  (2) Every militiaman who receives a pension under this section before he has completed twenty years service is subject to return to service, as provided by this Act if he ceases to be incapacitated.

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Marginal note:Powers of Board

• 5 (1) The Board has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

• Marginal note:No inconsistent business or activity

  (2) The Board and its subsidiaries shall not, directly or indirectly, carry on any business or activity or exercise any power that is inconsistent with the Board’s objects, or that the Board is restricted by this Act from carrying on or exercising, and shall not, directly or indirectly, exercise any of its powers in a manner contrary to this Act.

• Marginal note:No invalidity

  (3) No act of the Board, including a transfer of property, is invalid by reason only that the Board was without the capacity or power to so act.

• Marginal note:Consultation

  (4) The Minister shall consult the Board if changes to pension plan design or funding are proposed with respect to the pension plans created under the Acts referred to in paragraph 4(1)(a).

Amendments to Other Acts

Marginal note:Time served in public service

• 5 (1) Time served in the public service of Canada, that, under Part I of the Civil Service Superannuation Act, would be reckoned in computing the period of service for the purpose of a superannuation allowance under that Act, or time served in the public service of Canada that was of such a nature as could be reckoned in computing the period of service for purposes of a superannuation allowance under that Act had the officer remained in the public service and had elected to become a contributor under any Part of that Act, may be included in the term of service of an officer for the purposes of this Act.

• Marginal note:Deduction reduced

  (2) In such case, the yearly deduction of five per cent upon average pay under this Act from any pension shall be reduced by the average yearly deduction from the officer’s salary as an officer, clerk or employee in the Civil Service made under and for the purposes of the Civil Service Superannuation Act, or any amendment thereof, or under Part I of the Civil Service Superannuation and Retirement Act.

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Marginal note:Directors’ and officers’ insurance

• 18 (1) The Board may purchase and maintain insurance for the benefit of a director or officer of the Board, a former director or officer of the Board, or any person who acts or acted at the Board’s request as a director or officer of an entity of which the Board is or was a shareholder or in which the Board has or had a financial interest — and the personal representatives of that person — against any liability incurred by the person in that capacity unless the liability relates to a failure to act honestly and in good faith.

• Marginal note:If no insurance

  (2) If the Board does not purchase and maintain insurance under subsection (1), the Board shall indemnify each person referred to in that subsection, out of the funds, against any liability incurred by the person in that capacity, so long as the person acted honestly and in good faith.