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Civil Service Insurance Act (R.S.C. 1952, c. 49)

Act current to 2020-11-17 and last amended on 2005-04-01. Previous Versions

Civil Service Insurance Act

R.S.C. 1952, c. 49

An Act respecting Government Civil Service Insurance

Short Title

Marginal note:Short title

 This Act may be cited as the Civil Service Insurance Act.

  • R.S., 1927, c. 23, s. 1

Interpretation

Marginal note:Definitions

 In this Act,

children

children includes adopted children; (enfants)

common-law partner

common-law partner, in relation to an insured, means a person who is cohabiting with the insured in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

declaration

declaration means an instrument signed by the insured in which he apportions the insurance money payable under his insurance contract, if

  • (a) the instrument is attached to the insurance contract,

  • (b) an endorsement is made on the insurance contract with respect to the instrument, or

  • (c) the instrument identifies or describes the insurance contract; (déclaration)

instrument

instrument includes a will; (acte)

insurance contract

insurance contract means any contract whereby, under the authority of this Act, the Minister contracts with a person for the payment of a certain sum of money to be made upon the death of that person; (contrat d’assurance)

insurance money

insurance money means the amount contracted to be paid by the Minister under an insurance contract; (produit de l’assurance)

the insured

the insured means any person contracting with the Minister under this Act; (l’assuré)

Minister

Minister means the Minister of Finance; (Ministre)

will

will includes a codicil. (testament)

  • R.S., 1952, c. 49, s. 2
  • 1974-75-76, c. 42, s. 1
  • 2000, c. 12, s. 78

Marginal note:Insurance contract

 Where it is stated in an insurance contract or in a declaration in respect thereof that the insurance contract is for the benefit of the spouse and children or of the children of the insured, without specifying their names, then the word children means all the children of the insured living at the time of his death.

  • R.S., 1952, c. 49, s. 3
  • 1974-75-76, c. 42, s. 2

Administration

Marginal note:Superintendent of Financial Institutions

 This Act shall be administered by the Superintendent of Financial Institutions.

  • R.S., 1952, c. 49, s. 4
  • 1992, c. 1, s. 39

Insurance Contracts

Marginal note:Who may insure

 The Minister may contract with a person appointed to a permanent position in any branch of the federal public administration, whether civil or military, for the payment of a certain sum of money to be made on the death of the person.

  • R.S., 1952, c. 49, s. 5
  • 1992, c. 1, s. 39
  • 2003, c. 22, s. 224(E)

Marginal note:Apportionment of insurance if the insured is a married man

 Where the insured is a married man or a widower with children, the insurance contract shall be for the benefit of his wife, or of his wife and children, or of his wife and some one or more of his children, or of his children only, or of some one or more of them, and where the insurance contract is effected for the benefit of more than one, the insured may apportion the insurance money among them as he deems proper.

  • R.S., 1927, c. 23, s. 6

Marginal note:If the insured is unmarried

 Where the insured is an unmarried man, the insurance contract shall be for the benefit of his future wife, or of his future wife and children, and the insured may apportion the insurance money among them in such manner as he sees fit, but if, at the maturity of the contract, he is still unmarried, or is a widower without children, the insurance money shall fall into and become part of his estate.

  • R.S., 1927, c. 23, s. 7

Marginal note:How evidenced

 An apportionment under section 6 or 7 may be made in the insurance contract or by a declaration.

  • R.S., 1952, c. 49, s. 8
  • 1974-75-76, c. 42, s. 3

Marginal note:Share of person dying before the insured

  •  (1) Where an apportionment has been made as provided in sections 6 to 8 or in this section, and one or more of the persons in whose favour the apportionment has been made dies in the lifetime of the insured, the insured may by a declaration provide that the shares formerly apportioned to the person or persons so dying shall be for the benefit of the wife and children of the insured, or of one or more of them, as he sees fit.

  • Marginal note:If no declaration

    (2) In default of such declaration the shares of the persons so dying shall be for the benefit of the survivor, or survivors of the persons in whose favour the apportionment was made, in equal shares if more than one.

  • Marginal note:If all the beneficiaries die

    (3) Where an apportionment has been made as provided in sections 6 to 8 or in this section and all the persons in whose favour the apportionment has been made die in the lifetime of the insured, the insured may by a declaration provide that the insurance money shall be for the benefit of the wife and children of the insured, or of one or more of them, in such proportions as he sees fit, and in default of such declaration, the insurance money shall be for the benefit of his wife and his children, in equal shares.

  • Marginal note:If insured survives wife, etc.

    (4) If the insured survives his wife and all his children the insurance money shall fall into and become part of the estate of the insured.

  • R.S., 1952, c. 49, s. 9
  • 1974-75-76, c. 42, s. 4

Marginal note:In case of married woman or widow

  •  (1) Where the insured is a married woman or a widow, the insurance contract shall be for the benefit of her husband, children, father, mother, brothers, sisters and any other person dependent on her, or one or more of them.

  • Marginal note:In case of unmarried woman

    (2) Where the insured is an unmarried woman, the insurance contract shall be for the benefit of her future husband, future children, father, mother, brothers, sisters and any other person dependent on her, or one or more of them, but if, at the maturity of the insurance contract, she is still unmarried or is a widow without children, any insurance money that she has apportioned for the benefit of her future husband or future children shall be for the benefit of the other persons in whose favour an apportionment has been made, in equal shares, or where no such apportionment has been made, shall fall into and become part of the estate of the insured.

  • Marginal note:In case of more than one beneficiary

    (3) Where the insured is a woman and the insurance contract is for the benefit of more than one person, the insured may apportion the insurance money among them in such a manner as she sees fit, and such apportionment may be made in the insurance contract or by a declaration.

  • R.S., 1952, c. 49, s. 10
  • 1974-75-76, c. 42, s. 5

Marginal note:When one or more beneficiaries die during lifetime of insured

  •  (1) Where an apportionment has been made as provided in section 10 or in this section and one or more of the persons in whose favour the apportionment has been made dies in the lifetime of the insured, the insured may by a declaration provide that the shares formerly apportioned to the person or persons so dying shall be for the benefit of the persons who may be her beneficiaries under this Act, or of one or more of them, in such proportions as she sees fit.

  • Marginal note:In default of declaration

    (2) In default of such declaration the shares of the persons so dying shall be for the benefit of the survivor or survivors, if any, of the persons in whose favour the apportionment was so made, in equal shares if more than one.

  • Marginal note:When all beneficiaries die during lifetime of insured

    (3) Where an apportionment has been made as provided in section 10 or in this section and all the persons in whose favour the apportionment has been made die in the lifetime of the insured, the insured may by a declaration provide that the insurance money shall be for the benefit of the persons who may be her beneficiaries under this Act, or of one or more of them, in such proportions as she sees fit and, in default of such declaration, the insurance shall fall into and become part of the estate of the insured.

  • Marginal note:When insured survives beneficiaries

    (4) Where the insured survives all the persons who may be her beneficiaries under this Act, the insurance money shall fall into and become part of the estate of the insured.

  • (5) [Repealed, 1974-75-76, c. 42, s. 6]

  • R.S., 1952, c. 49, s. 11
  • 1974-75-76, c. 42, s. 6
 
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