Halifax Relief Commission Pension Continuation Act (S.C. 1974-75-76, c. 88)

Act current to 2019-07-01

Halifax Relief Commission Pension Continuation Act

S.C. 1974-75-76, c. 88

Assented to 1976-02-25

An Act to repeal An Act respecting the Halifax Relief Commission and to authorize the continuation of pensions, grants or allowances paid by the Halifax Relief Commission

Preamble

WHEREAS the Governor in Council in consequence of the explosion on December 6, 1917 at Halifax constituted the Halifax Relief Commission to administer the relief funds contributed for the assistance of those who suffered as a result of the explosion;

AND WHEREAS the said Commission was incorporated by an Act of the General Assembly of Nova Scotia entitled An Act to Incorporate the Halifax Relief Commission, which was confirmed by an Act of the Parliament of Canada entitled An Act respecting the Halifax Relief Commission;

AND WHEREAS the Government of Nova Scotia intends, in view of the diminished role of the Halifax Relief Commission, to introduce into the General Assembly of Nova Scotia a measure for the dissolution of the Commission and the transfer of its assets to the Minister of Finance of Canada, and it is therefore expedient that the Parliament of Canada enact a measure to authorize the Minister of Finance to accept those assets and the Canadian Pension Commission to continue the payment of pensions, grants or allowances to those who suffered as a result of the explosion;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:Short title

 This Act may be cited as the Halifax Relief Commission Pension Continuation Act.

Marginal note:Definitions

 In this Act,

Commission

Commission means the Halifax Relief Commission, the incorporation of which was confirmed by chapter 24 of the Statutes of Canada, 1918; (Commission)

Minister

Minister means the Minister of Finance. (Ministre)

Marginal note:Powers of Canadian Pension Commission

  •  (1) When the General Assembly of Nova Scotia enacts a measure to provide for the dissolution of the Halifax Relief Commission and the transfer of the moneys, securities and other assets of the Halifax Relief Commission to the Minister and the Minister accepts those moneys, securities and other assets pursuant to this Act, the Canadian Pension Commission is thereupon vested with and may exercise, in relation to pensions, grants and allowances paid in respect of death or injury sustained in the explosion at Halifax in 1917, all the powers, duties and functions that, immediately before the dissolution of the Halifax Relief Commission, were vested in and exercisable by the Halifax Relief Commission in relation to those pensions, grants and allowances.

  • Marginal note:Idem

    (2) Without limiting the generality of subsection (1), the Canadian Pension Commission may

    • (a) continue to pay a pension, a grant or an allowance to any person who, immediately before the dissolution of the Halifax Relief Commission, was receiving a pension, a grant or an allowance from the Halifax Relief Commission in respect of death or injury sustained in the explosion at Halifax in 1917; and

    • (b) pay a pension, a grant or an allowance to any person who the Canadian Pension Commission determines is eligible to receive a pension, a grant or an allowance in respect of death or injury sustained in the explosion at Halifax in 1917.

  • Marginal note:Vesting of powers in Minister of Veterans Affairs

    (3) The powers, duties and functions of the Canadian Pension Commission under subsections (1) and (2) are, on and after the day on which this subsection comes into force, vested in and exercisable by the Minister of Veterans Affairs or such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council.

  • 1995, c. 18, s. 87

Marginal note:Transfer of property and obligations to Minister

  •  (1) The Minister shall accept the moneys, securities and other assets held by or in the name of or in trust for the Commission and is bound by any subsisting obligations and liabilities of the Commission that are transferred or assigned to the Minister pursuant to the Act of the General Assembly of Nova Scotia that provides for the dissolution of the Halifax Relief Commission.

  • Marginal note:Liquidation

    (2) The Minister shall, in such manner and at such times as he deems fit, liquidate all securities and other assets accepted by him pursuant to subsection (1).

Marginal note:Halifax 1917 Explosion Pension Account

  •  (1) There shall be established in the Consolidated Revenue Fund a special account to be known as the Halifax 1917 Explosion Pension Account (hereinafter in this Act referred to as the “Account”).

  • (2) [Repealed, 1999, c. 10, s. 42]

  • Marginal note:Payments out of C.R.F.

    (3) There shall be paid out of the Consolidated Revenue Fund

    • (a) all payments under this Act as or on account of pensions, grants or allowances; and

    • (b) any payments against the subsisting obligations and liabilities accepted by the Minister pursuant to subsection 4(1).

  • Marginal note:Charges to Account

    (4) For as long as there is a balance to the credit of the Account, payments paid out of the Consolidated Revenue Fund under subsection (3) shall be charged to the Account.

  • Marginal note:Interest to be credited to Account

    (5) Interest shall be credited to the Account at such times and at such rates as the Governor in Council may determine from time to time.

  • 1999, c. 10, s. 42

Marginal note:Balance for continued rehabilitation

 When, in the opinion of the Minister, no further amounts will be required to be paid out of the Consolidated Revenue Fund pursuant to subsection 5(3), the Governor in Council may, after consultation with the Government of Nova Scotia, authorize the transfer of the balance to the credit of the Account to a provincial or municipal body in Nova Scotia to be used for the continued rehabilitation of the area of Halifax that was damaged by the explosion at Halifax in 1917.

Marginal note:Credits to Public Service Superannuation Account

  •  (1) There shall be paid into the Consolidated Revenue Fund and credited to the account referred to in the Public Service Superannuation Act as the Superannuation Account (hereinafter in this section referred to as the “Public Service Superannuation Account”)

    • (a) the moneys accepted by the Minister pursuant to subsection 4(1) that were held by or in the name of or in trust for the Commission on account of the superannuation fund established under the Superannuation Plan and administered by the Commission; and

    • (b) the moneys realized from the liquidation made pursuant to subsection 4(2) of securities or other assets that were held by or in the name of or in trust for the Commission on account of the superannuation fund described in paragraph (a).

  • Marginal note:Charge to Public Service Superannuation Account

    (2) There shall be paid out of the Consolidated Revenue Fund and charged to the Public Service Superannuation Account, subject to the terms and conditions of the Superannuation Plan, any benefit payable out of the superannuation fund described in paragraph (1)(a) pursuant to that Plan.

  • Marginal note:Definition of Superannuation Plan

    (3) For the purposes of this section, Superannuation Plan means the Halifax Relief Commission Superannuation Plan, as it exists on the dissolution of the Commission, that was established for the benefit of employees, officers and members of the Commission pursuant to an Order of the Governor in Council dated January 24, 1945 (P.C. 163/505).

 [Amendment]

 [Repeal]

Marginal note:Coming into force

Footnote * This Act shall come into force on a day to be fixed by proclamation.

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