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Members of Parliament Retiring Allowances Regulations (C.R.C., c. 1033)

Regulations are current to 2020-01-08

Members of Parliament Retiring Allowances Regulations

C.R.C., c. 1033

MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT

Members of Parliament Retiring Allowances Regulations

 [Repealed, SOR/2003-111, s. 2]

Interpretation

 In these Regulations,

Act

Act means the Members of Parliament Retiring Allowances Act; (Loi)

Minister

Minister means the Minister of Finance. (ministre)

  • SOR/2003-111, s. 3(F)

Credit to Account

  •  (1) The Minister shall, in each calendar month, credit to the Account an amount equal to the contributions paid in that month pursuant to sections 6 and 15 of the Act.

  • (2) Where a member has elected, pursuant to section 7, 8 or 19 of the Act, to contribute in respect of a previous session, the Minister shall, in the calendar month in which the member so elects, credit to the Account an amount equal to the amount that becomes payable by the member under subsection 9(1) and section 20 of the Act.

  • (3) Interest shall be credited to the Account in respect of each quarter in each fiscal year, on the last day of June, September, December and March, calculated at the rate of 2½ per cent of the balance to the credit of the Account on the last day of the preceding quarter.

  • SOR/83-613, s. 1

Period for the Purposes of Sections 8 and 29 of the Act

  •  (1) The period referred to in section 8 of the Act begins on the first day of the fiscal year in which the report referred to in that section is laid before Parliament and ends on the last day of the fifteenth fiscal year after the tabling of that report.

  • (2) The period referred to in section 29 of the Act begins on the first day of the fiscal year in which the report referred to in that section is laid before Parliament and ends on the last day of the fifteenth fiscal year after the tabling of that report.

  • SOR/2003-111, s. 4

 For the purposes of paragraph 33(2)(b) of the Act, interest shall be calculated at the rate of four per cent compounded annually.

Payment of Allowances

  •  (1) Instalments of an allowance payable under section 12, 24 or 25 of the Act shall be paid on the last day of each month.

  • (2) Where a member becomes entitled to an allowance after the first day of any calendar month, the instalment that is payable on the last day of that month shall be that proportion of the instalment for a full month that is payable to that member that the number of days in that month on which the member is so entitled is of the total number of days in that month.

  • (3) Where a person to whom an allowance is payable under section 12, 24 or 25 of the Act dies in any calendar month on a day other than the last day of that month, the amount of the instalment that is payable in respect of him for that month is that proportion of the instalment payable to him for a whole month that the number of days in the month prior to and including the day on which he died is of the total number of days in that month.

  • (4) Where a person who is in receipt of an allowance under section 12, 24 or 25 of the Act ceases to be entitled thereto, payment may be made in respect of the full month in which that person ceased to be entitled to that allowance.

 Where the Treasury Board is of opinion that a person who is in receipt of an annual allowance under section 12, 24 or 25 of the Act is incapable of managing his affairs and no person is authorized by law to act as committee of his estate, the Treasury Board may authorize payment of the allowance to the wife of the recipient, or a solicitor, banker or other agent of the recipient on his behalf until the recipient is, in the opinion of the Treasury Board, again capable of managing his affairs or a person is authorized to act as committee of his estate, whichever first occurs.

Payment by Member

  •  (1) Where a member has elected to pay in instalments in respect of any period of service for which he has elected to pay into the Account,

    • (a) the first instalment shall be due and payable at the end of the month in which the election made by the member has been received by the Minister and succeeding instalments shall be payable thereafter during the life of the member making such election in equal amounts except with respect to the last instalment which may be less in amount than the preceding instalments, the total number of instalments to be fully paid within a period of 20 years from the date of the making of the election by the member, computed in accordance with Canadian Life Table No. 2, Males or Females, as the case may be, with interest at

      • (i) the rate of 4% per annum, where the election is made before April 7, 1970 or after September 20, 2000, and

      • (ii) the rate of 8% per annum, where the election is made during the period beginning on April 7, 1970 and ending on September 20, 2000; and

    • (b) he may from time to time amend his payment plan to provide for payment of the instalments still to be paid

      • (i) by a lump sum,

      • (ii) by larger monthly instalments on a basis similar to that described in paragraph (a) calculated as of the date of the amendment, or

      • (iii) by a lump sum and monthly instalments on a basis similar to that described in paragraph (a) calculated as of the date of the amendment and payable within the same or a lesser period than that previously arranged under paragraph (a), or

      • (iv) by smaller monthly instalments on a basis similar to that described in paragraph (a), calculated as of the date of the amendment and payable within a longer period than that previously arranged under paragraph (a), if he amends his payment plan within the time within which he may elect under the Act to contribute in respect of previous sessions.

  • (2) Where a member has elected to pay an amount in the manner prescribed in paragraph 9(7)(a) or subsection 21(3) of the Act and the amount has not been paid by the member within a period of 30 days of the making of the election, the member shall be deemed to have elected to pay the said amount or the balance of the said amount then owing, as the case may be, by instalments calculated in accordance with subsection (1).

  • (3) Where an annual allowance is payable to a person under the Act and the person is in default in respect of any instalment payable by him under this section, recovery may be made at any time by retention by way of deduction or set-off out of any amount so payable to the person

    • (a) by a lump sum immediately, or

    • (b) by monthly instalments for the lesser of

      • (i) the life of the person, or

      • (ii) the remainder of the period during which instalments under this section are to be paid,

    as the person elects, the value of which, calculated in accordance with Canadian Life Table No. 2, Males or Females, as the case may be, as the date on which the annual allowance is first payable to the person under the Act following such default, is the amount payable by him under this section with interest at the rate set out in subparagraph (1)(a)(i) or (ii), whichever is applicable.

  • (4) Where at the death of a member or a person who has ceased to be a member, any amount payable by him into the Account is due and payable and is not paid, if the amount with interest as provided in this section is not forthwith paid by the personal representative of the member or the said person, it may be recovered at any time and, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof, by retention by way of deduction or set-off out of the allowance payable to the widow

    • (a) in a lump sum immediately, or

    • (b) in instalments for a term specified by the Minister,

    as the widow elects, with interest at the rate set out in subparagraph (1)(a)(i) or (ii), whichever is applicable.

  • (5) Subject to subsection (6), where an amount that is payable by a member or a person who has ceased to be a member is paid after the day on which it is due, there shall, in addition, be payable interest on that amount at the rate set out in subparagraph (1)(a)(i) or (ii), whichever is applicable, from the due date to the date on which it is paid.

  • (6) Notwithstanding anything in this section, where a member or a person who has ceased to be a member has authorized or directed that the amount payable by him under this section be deducted from moneys payable to him by or on behalf of Her Majesty and the member or the person is in default because those deductions have not been paid, interest is not payable under subsection (5) on an amount equal to the deductions that have not been so made.

  • (7) Nothing in this section prohibits a person from paying at any time before it is due any amount payable by him or that is deductible from his benefit under this section.

  • (8) Where, before August 2, 1963, a member has elected to pay, otherwise than by a lump sum, in respect of any session held before the end of the 25th Parliament, the member may, at his option, after August 2, 1963, pay the balance of the amount then owing by instalments calculated in accordance with subsection (1).

  • (9) For the purposes of paragraphs 20(2)(b) and (c) of the Act, interest shall be calculated at the rate of four per cent per annum, compounded annually.

  • SOR/2001-354, s. 1
  •  (1) An election pursuant to section 7 or 8 or subsection 19(2), (2.1) or (3) of the Act shall be in Form 1 of the schedule.

  • (2) A notice of revocation pursuant to subsection 9(6) or subsection 21(2) of the Act shall be in Form 2 of the schedule.

  • (3) An election pursuant to subsection 18(4) of the Act shall be in Form 3 of the schedule.

  • (4) The option referred to in subsection 7(8) of these Regulations shall be in Form 4 of the schedule.

  • (5) An election pursuant to subsection 18(5) or (6) or subsection 19(2.2) of the Act shall be in Form 5 of the schedule.

  • SOR/81-881, s. 1

Allowance to Child of Former Member

 Where a child is born to a former member, the child is not entitled to an allowance under the Act unless,

  • (a) where the member ceased to be a member because of death, the child is a posthumous child; and

  • (b) where the member ceased to be a member for any reason other than death, it appears to the Minister that the child was born following a gestation period commencing prior to the date when the member ceased to be a member.

  •  (1) For the purposes of subsection 25(6) of the Act, full-time attendance at a school or university means full-time attendance at a school, college, university or other educational institution that provides training or instruction of an educational, professional, vocational or technical nature and a child shall be deemed to be or to have been in full-time attendance at a school or university substantially without interruption

    • (a) during an absence by reason of a scholastic vacation

      • (i) if immediately after such vacation he begins or resumes full-time attendance at a school or university in the next ensuing academic year,

      • (ii) where it is determined by the Minister that the child cannot comply with subparagraph (i) by reason of illness or any other cause that the Minister considers reasonable, if he begins or resumes full-time attendance at a school or university, at any time during the academic year immediately following the scholastic vacation, or

      • (iii) where it is determined by the Minister that the child cannot comply with subparagraph (ii), if he begins or resumes such full-time attendance in the academic year following that mentioned in subparagraph (i); and

    • (b) during an absence occurring in an academic year by reason of illness or any other cause that the Minister considers reasonable, if immediately after such absence he begins or resumes full-time attendance at a school or university in that academic year or where it is determined by the Minister that the child is unable to do so, if he begins or resumes such full-time attendance in the next ensuing academic year.

  • (2) Where a child’s absence by reason of illness commences after he has begun an academic year and it is determined by the Minister, on evidence satisfactory to him, that by reason of such illness it is not possible for the child to resume full-time attendance at a school or university, that child shall, notwithstanding paragraph (1)(b), be deemed to have been in full-time attendance substantially without interruption at a school or university until the end of that academic year.

  • (3) Where the death of a child occurred while he was absent from school or university by reason of illness or any other cause that the Minister considers reasonable, that child shall, notwithstanding subsection (1), be deemed to have been in full-time attendance substantially without interruption at a school or university

    • (a) until his death, where it occurred during the academic year in which his absence commenced; or

    • (b) until the end of the academic year in which his absence commenced, where his death occurred after that academic year.

  • (4) Where a child ceases to be a child, as defined in subsection 25(6) of the Act, while he is absent

    • (a) during an academic year by reason of illness or any other cause that the Minister considers reasonable, or

    • (b) during a scholastic vacation,

    that child shall, notwithstanding subsection (1), be deemed to have been in full-time attendance at a school or university substantially without interruption until he ceased to be a child if, immediately after such absence,

    • (c) in the case of an absence referred to in paragraph (a), he begins or resumes such full-time attendance at a school or university in that academic year or where it is determined by the Minister that that child is unable to do so, he begins or resumes such full-time attendance in the next ensuing academic year; or

    • (d) in the case of an absence referred to in paragraph (b), he begins or resumes such full-time attendance at a school or university in the next ensuing academic year.

 There shall be submitted to the Minister in support of each claim that a child of 18 or more years of age

  • (a) is or has been enrolled in a course requiring full-time attendance substantially without interruption at a school or university, a declaration in a form satisfactory to the Minister and signed by a responsible officer of that school or university, certifying as to such enrolment; and

  • (b) is or has been for a period of time, in full-time attendance at a school or university substantially without interruption, a declaration of such attendance in a form satisfactory to the Minister and signed by such child.

SCHEDULE(Section 8)

FORM 1Election for Prior Sessions

GRAPHIC IS NOT DISPLAYED, SEE SOR/81-881, S. 2

FORM 2Revocation of Election

GRAPHIC IS NOT DISPLAYED, SEE C.R.C., c. 1033, P. 8137

FORM 3Election Under Subsection 18(4)

GRAPHIC IS NOT DISPLAYED, SEE SOR/81-881, S. 3

FORM 4Option Under Subsection 7(8)

GRAPHIC IS NOT DISPLAYED, SEE C.R.C., c. 1033, P. 8139

FORM 5Election to Contribute on Additional Remuneration Received During Prior Sessions

GRAPHIC IS NOT DISPLAYED, SEE SOR/81-881, S. 4

  • SOR/81-881, ss. 2 to 4
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