Marginal note:Medical examination requirements
31. (1) Subject to subsection (3) but notwithstanding anything else in this Part, any election made by a person who becomes a contributor under this Part
(a) not having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954, and
(b) not having been employed in the public service, or in the public service and as a member of the regular force or of the Force, substantially without interruption for a period of five years immediately prior to the making of the election,
is void, in so far as it is an election to pay for any period of service prior to becoming a contributor, except any period immediately prior to becoming a contributor during which he was employed in the public service, unless the person by whom the election is made has been medically examined, as prescribed in the regulations.
Marginal note:Failure to pass medical examination
(2) Notwithstanding anything in this Part, when a contributor to whom subsection (1) applies has been medically examined, as prescribed in the regulations, and has failed to pass the examination, neither the contributor nor the contributor’s survivor or children shall, in respect of any service of the contributor to which the election referred to in subsection (1) relates, become entitled to any benefit under this Part other than a return of contributions unless the contributor continues to be employed in the public service for a further period of not less than five years from the time of the examination or is again medically examined, as prescribed in the regulations, and passes the examination.
Marginal note:Prohibited elections
(3) Notwithstanding anything in this Part, any election, in so far as it is an election
(a) to pay for any period of service described in clause 6(1)(b)(iii)(K) or (L),
(b) under paragraph 20(1)(b), in the case of an election made after one year after the person by whom the election is made becomes employed in operational service, or
(c) under subsection 39(6),
is void unless the person by whom the election is made has passed a medical examination, as prescribed in the regulations, within such time immediately before or after the making of the election as is prescribed in the regulations.
- R.S., 1985, c. P-36, s. 31;
- 1992, c. 46, s. 16;
- 1999, c. 34, s. 81;
- 2003, c. 22, s. 225(E).
Diversion of Amounts Payable in Certain Cases
Marginal note:Diversion of payments to satisfy financial support order
32. (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.
Marginal note:Where recipient unable to manage own affairs
(2) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under this Part or Part III.
Marginal note:Payment deemed to be to recipient
(3) For the purposes of this Part and Part III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment is made.
(4) [Repealed, 2000, c. 12, s. 276]
- R.S., 1985, c. P-36, s. 32;
- 1992, c. 46, s. 17;
- 1999, c. 34, s. 82;
- 2000, c. 12, s. 276.
- Date modified: