NAV CANADA Divestiture Regulations (SOR/96-479)

Interpretation

1 The definitions in this section apply in these Regulations

Act

Act means the Public Service Superannuation Act. (Loi)

agreement to transfer

agreement to transfer means the agreement to transfer between Her Majesty in right of Canada and NAV CANADA, dated April 1, 1996. (accord de transfert)

civil air navigation services

civil air navigation services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act. (services de navigation aérienne civile)

NAV CANADA

NAV CANADA means the corporation that was incorporated on May 26, 1995 under Part II of the Canada Corporations Act as NAV CANADA. (NAV CANADA)

NAV CANADA divestiture

NAV CANADA divestiture means the transfer of the civil air navigation services from the public service to NAV CANADA in accordance with the agreement to transfer. (cession à NAV CANADA)

NAV CANADA pension plan

NAV CANADA pension plan means the pension plan referred to in the agreement to transfer. (régime de pension de NAV CANADA)

transfer date

transfer date has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act. (date de cession)

Application

• 2 (1) Subject to subsection (2), these Regulations apply to persons who, on the transfer date, cease to be employed in the public service and become employed by NAV CANADA as a result of the NAV CANADA divestiture.

• (2) These Regulations do not apply to persons who subsequently become re-employed by NAV CANADA.

• (3) Sections 4 to 13 do not apply to a person who has exercised an option under subsection 3(2).

Applicable Provisions

• 3 (1) Sections 12, 13, 13.01 and 16 and subsections 17(1) and (3) of the Act only apply to a person on and after the date on which that person ceases to be employed by NAV CANADA.

• (2) Despite subsection (1), where, on or after April 1, 1998 a person would be eligible, were it not for these Regulations, to exercise an option under subsection 12(3), paragraph 13(7)(a) or (b) or section 13.01 of the Act, the person may exercise such an option

  • (a) in the cases referred to in paragraphs 13(7)(a) and (b) of the Act, no later than June 20, 1998; and

  • (b) in the cases referred to in subsection 12(3) and section 13.01 of the Act, no later than April 1, 1999.

• (3) When a person exercises an option under subsection (2), for the purposes of subsection 12(3), paragraphs 13(7)(a) and (b) and section 13.01 of the Act,

  • (a) the period of pensionable service is the period of pensionable service to that person’s credit at the date on which the person ceases to be employed in the public service; and

  • (b) the age of the person is the age of that person on April 1, 1998.

• (4) When a person exercises an option under subsection (2), for the purposes of section 13.01 of the Act and sections 83 to 99 of the Public Service Superannuation Regulations, valuation day means the date on which the person exercises an option for a transfer value.

• (5) A person who has exercised an option under subsection (2) is not entitled to exercise an option under subsection (1) when the person ceases to be employed by NAV CANADA.

Surviving Spouse and Children

4 For the purposes of subsection 12(8) of the Act, the surviving spouse and children of a person who dies while employed by NAV CANADA are entitled to a death benefit equal to a return of contributions.

5 For the purposes of subsection 13(3) of the Act, the surviving spouse and children of a person who dies while employed by NAV CANADA are entitled to an allowance as described in paragraphs 12(4)(a) and (b) of the Act, subject to the limitations set out in subsections 12(4) and (5) of the Act.

6 For the purposes of subsection 26(2) of the Act, a child who was born to or adopted by a person or became the stepchild of the person during the period that begins on the date on which the person ceases to be employed in the public service and that ends on the date on which that person ceases to be employed by NAV CANADA is entitled to an allowance under Part I of the Act.

Adaptation of Subsection 10(5) of the Act

7 For the purposes of subsection 10(5) of the Act, the one year period referred to in paragraph 10(5)(a) of the Act shall begin on the date on which the person ceases to be employed by NAV CANADA.

Adaptation of Sections 12 and 13 of the Act

8 For the purposes of sections 12 and 13 of the Act, pensionable service includes the period of service with NAV CANADA that begins on the transfer date and that ends on the date on which the person ceases to be employed by NAV CANADA.

9 For the purposes of sections 12 and 13 of the Act, the age of a person when the person ceases to be employed in the public service is the age of the person on the day on which that person ceases to be employed by NAV CANADA.

Adaptation of Sections 16 and 17 of the Act

10 For the purposes of section 17 of the Act, ceasing otherwise than voluntarily to be employed in operational service

• (a) has the same meaning as in the NAV CANADA pension plan; but

• (b) does not include ceasing to be employed in the public service as a result of the NAV CANADA divestiture.

• 11 (1) Subject to subsection (2) and for the purposes of sections 16 and 17 of the Act, a period of operational service that is pensionable service includes the period beginning on the date on which a person ceases to be employed in the public service and ending on the date on which the person ceases to be employed by NAV CANADA, and has the same meaning as in the NAV CANADA pension plan for that period.

• (2) Subsection (1) does not apply to the determination of a period of operational service that is pensionable service for the purposes of calculating benefits pursuant to section 16 and subsections 17(1) and (2) of the Act.

12 For the purposes of sections 16 and 17 of the Act, the age of a person when the person ceases to be employed in the public service is the age of the person on the day on which that person ceases to be employed by NAV CANADA.

Adaptation of Paragraph 51(2)(b) of the Act

• 13 (1) For the purposes of paragraph 51(2)(b) of the Act, a person to whom these Regulations apply, and to whom subsection 51(2) of the Act applied on November 1, 1996, and who has not made an election pursuant to paragraph 51(2)(b) of the Act, may, within thirty days after the coming into force of this section, elect to become a participant as defined in paragraph (c) of the definition participant in subsection 47(1) of the Act.

• (2) An election under subsection (1) shall be made in the manner set out in section 25 of the Supplementary Death Benefit Regulations and shall be sent to the Minister within thirty days of the coming into force of this section.

• (3) A person who makes an election under subsection (1) shall pay contributions as determined in accordance with sections 11 and 12 of the Supplementary Death Benefit Regulations.

• (4) Notwithstanding sections 11 and 12 of the Supplementary Death Benefit Regulations, the first contribution is payable on or before the thirtieth day after the day on which this section comes into force and, subsequently, such contributions are payable each year on or before the thirtieth day after the anniversary of the day on which this section comes into force.

• (5) Where a person does not pay an annual contribution in accordance with subsection (4), the Minister shall, where that failure to make such payment resulted from the fact that the person was misinformed as to that person’s obligations under the Act, fix a subsequent day as the day on which that contribution is due, but the due date of each annual contribution thereafter payable by the person shall be the anniversary of the thirtieth day following the day on which this section comes into force.

14 A contributor to whom these Regulations apply is considered to be a Group 1 contributor.