NAV CANADA Divestiture Regulations

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.