Canadian Forces Superannuation Act

Marginal note:Regulations

50 The Governor in Council may make regulations

• (a) subject to section 50.1, prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation;

• (b) prescribing the terms and conditions on which a person who is retired from the regular force and, within sixty days after his retirement therefrom, again becomes a member of the regular force, shall be deemed to have continued to be a member of the regular force notwithstanding his retirement therefrom;

• (c) prescribing the extent to which and the circumstances under which any period of service of a person, whether before or after March 1, 1960, for which no pay was authorized to be paid or for which any forfeiture of pay or deduction from pay in respect of a period of suspension from duty was authorized to be made shall be counted as pensionable service for the purposes of this Act, prescribing the pay that shall be deemed to have been authorized to be paid to that person and to have been received by that person during that period, and prescribing, notwithstanding section 5, the contributions to be made by that person to the Superannuation Account or the Canadian Forces Pension Fund in respect of that pay;

• (d) specifying, for the purposes of subsection 2(4), the employment as a member of the Canadian Forces that is excepted employment;

• (e) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made thereunder;

• (f) prescribing the methods by which and the bases on which the amount of any payment contemplated by subsection 8(4) is to be computed and the circumstances under which any such payment, whether made before or after March 1, 1960, may be refunded;

• (g) specifying the manner in which amounts referred to in subsection 9(4) or (5) may be recovered from any annuity, annual allowance or supplementary benefit payable under this Act;

• (g.1) prescribing the manner in which an amount referred to in section 35.1 may be recovered from any payment on account of the annual allowance referred to in that section;

• (h) prescribing the circumstances under which and the terms and conditions on which an option under this Part may be revoked by any contributor and a new option exercised thereunder;

• (i) prescribing the evidence required to satisfy the Minister that a contributor has not become entitled to a disability pension described in paragraph 15(2)(b), the time and manner within which that evidence shall be provided and the form of that evidence;

• (j) defining, for the purposes of this Act, the expression “full-time attendance at a school or university” as applied to a child of a contributor;

• (k) respecting the circumstances under which attendance at a school or university shall be deemed, for the purposes of this Act, to be substantially without interruption;

• (k.1) respecting the determination of disability for the purposes of this Part and the conditions on which a cash termination allowance or an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability;

• (l) providing for the continuation in force of any outstanding direction made by the Minister or the Treasury Board under section 62 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section;

• (m) prescribing, for the purposes of this Part, the methods by which and the bases on which the capitalized value of any annuity shall be computed;

• (n) [Repealed, 1999, c. 34, s. 146]

• (o) providing for the payment out of the Superannuation Account or the Canadian Forces Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Act, of the whole or any part of the portion of the estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable in any such case under any of sections 38 to 40 shall be reduced; and

• (p) generally, for carrying into effect the purposes and provisions of this Act.