Public Service Superannuation Regulations

43.1 (1) Subject to subsection (2), a medical examination required by subsection 31(1) or (3) of the Act for the purpose of an election shall be performed not more than 90 days before, nor more than six months after, the making of the election.

(2) Where a person without fault fails to undergo a medical examination required under subsection 31(1) or (3) of the Act within the time set out in subsection (1), the person may undergo the medical examination within 30 days after being notified by the Minister that an examination is required.

(3) A person shall be determined to have passed a medical examination referred to in section 31 of the Act where the Minister receives a report, prepared by the Assistant Deputy Minister of the Medical Services Branch of the Department of National Health and Welfare from the information contained in the forms submitted pursuant to section 43, stating that the person

• (a) is capable of five years of continuous employment, performing the duties that the contributor was performing at the time of the medical examination; or

• (b) has a normal life expectancy.

(4) Where the Assistant Deputy Minister of the Medical Services Branch determines that the information contained in a form submitted pursuant to section 43 is insufficient to enable a report in respect of a person to be prepared under subsection (3), the Assistant Deputy Minister may require that the person undergo a further medical examination to provide the necessary information.

(5) A person who does not undergo a further medical examination required under subsection (4) shall be determined

• (a) not to have been medically examined in accordance with subsection 31(1) of the Act; and

• (b) for the purposes of subsection 31(3) of the Act, not to have passed the medical examination.