An Act to amend certain Acts (S.C. 2004, c. 16)
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Assented to 2004-05-06
2000, c. 12MODERNIZATION OF BENEFITS AND OBLIGATIONS ACT
1993, c. 31NATIONAL ROUND TABLE ON THE ENVIRONMENT AND THE ECONOMY ACT
19. (1) The definition “Executive Director” in section 2 of the National Round Table on the Environment and the Economy Act is repealed.
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“President”
« président-directeur général »
“President” means the President of the Round Table appointed under section 10;
20. Subsections 9(1) and (2) of the Act are replaced by the following:
Marginal note:Executive committee
9. (1) There shall be an executive committee of the Round Table consisting of the Chairperson and the President and not fewer than five or more than seven other members of the Round Table to be appointed by the members for any term of office that they consider appropriate.
Marginal note:Functions of executive committee
(2) The executive committee shall assist the President in supervising the work of the Round Table and shall perform the duties and functions that are imposed, or exercise the powers that are conferred, on the executive committee by or under the by-laws or resolutions of the Round Table.
21. Section 10 of the Act and the heading before it are replaced by the following:
PRESIDENT
Marginal note:President
10. (1) There shall be a President of the Round Table, who shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during pleasure for a term of not more than five years.
Marginal note:Chief executive officer
(2) The President is the chief executive officer of the Round Table and has supervision over and direction of the work and staff of the Round Table and shall perform the duties and functions that are imposed, or exercise the powers that are conferred, on the President by or under the by-laws or resolutions of the Round Table.
Marginal note:Reappointment
(3) The President is eligible for reappointment.
Marginal note:Absence or incapacity
(4) If the President is absent or unable to act or the office of President is vacant, the executive committee may authorize an employee of the Round Table to act as President.
22. Subsection 12(2) of the Act is replaced by the following:
Marginal note:President's salary
(2) The President is to be paid the salary or other remuneration that the Governor in Council may fix.
23. Subsection 13(2) of the Act is replaced by the following:
Marginal note:President's expenses
(2) The President is entitled to be paid reasonable travel and living expenses incurred by him or her in performing duties under this Act.
24. Section 21 of the Act is replaced by the following:
Marginal note:Compensation
21. The President and employees of the Round Table are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.
R.S., c. P-1PARLIAMENT OF CANADA ACT
Marginal note:Retroactive coming into force
24.1 Despite Order in Council P.C. 2003-1118 of July 24, 2003 and registered as SI/2003-142, paragraphs 60(g) and (h) of the Parliament of Canada Act, as enacted by subsection 10(2) of An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act, being chapter 16 of the Statutes of Canada, 2003, are deemed to have come into force on January 1, 2001.
R.S., c. S-3SALARIES ACT
25. The Salaries Act is amended by adding the following after section 4:
DISABILITY ALLOWANCE AND OTHER BENEFITS FOR FORMER LIEUTENANT GOVERNORS
Marginal note:Entitlement to disability allowance
5. (1) A lieutenant governor who resigns by reason of disability, and who has not contributed under the Lieutenant Governors Superannuation Act in respect of five years of service, may elect to receive an annual disability allowance equal to 70% of his or her annual salary on the date of resignation if, at the time of resignation, he or she is
(a) 65 years of age or over; and
(b) incapable, because of the disability, of performing his or her duties.
Marginal note:Entitlement to disability allowance
(2) A former lieutenant governor who is in receipt of long-term disability insurance benefits under the Public Service Management Insurance Plan immediately before reaching the age of 65 years, and who has not contributed under the Lieutenant Governors Superannuation Act in respect of five years of service, is entitled, on becoming 65 years of age, to receive an annual disability allowance equal to 70% of his or her annual salary at the time he or she resigned as lieutenant governor.
Marginal note:Adjustments
(3) The disability allowance is to be adjusted to take into account changes in the annual salary on which it was based.
Marginal note:Duration of allowance
(4) The disability allowance is to be paid until the earlier of
(a) the day on which the recipient of the allowance dies, and
(b) the day that is five years after the day on which he or she commenced to hold office as lieutenant governor.
Marginal note:Exception
(5) This section does not apply to a lieutenant governor who has elected under section 5 of the Lieutenant Governors Superannuation Act not to contribute pursuant to section 4 of that Act.
Marginal note:Regulations
6. (1) The Governor in Council may make regulations respecting disability allowances, including regulations respecting
(a) the determination of eligibility for disability allowances and medical examinations that are required;
(b) elections to receive disability allowances and the revocation of elections; and
(c) the administration and payment of disability allowances.
Marginal note:Retroactive regulations
(2) Regulations made under subsection (1) may, if they so provide, be retroactive.
R.S., c. S-24SUPPLEMENTARY RETIREMENT BENEFITS ACT
26. (1) Section 4 of the Supplementary Retirement Benefits Act is amended by adding the following after subsection (5):
Marginal note:Exception in relation to retirement year or month
(6) Despite subsection (5), the retirement year or retirement month of a person who is required to contribute under subsection 4.1(3) of the Lieutenant Governors Superannuation Act is, for the purposes of this section, the year or month, as the case may be, in which that person ceased to contribute under that Act.
(2) Section 4 of the Act is amended by adding the following after subsection (8):
Marginal note:Deeming
(9) Despite paragraph (8)(a), a person who is required to contribute under subsection 4.1(3) of the Lieutenant Governors Superannuation Act is, for the purposes of that paragraph, deemed to have ceased to hold office on the day on which he or she ceased to contribute under that Act.
27. Section 6 of the Act is amended by adding the following after subsection (2):
Marginal note:Deeming
(3) Despite subsection (2), a person who is required to contribute under subsection 4.1(3) of the Lieutenant Governors Superannuation Act is, for the purposes of subsection (2), deemed to have ceased to contribute in respect of current service on the day on which he or she ceased to contribute under that Act.
SOR/2003-30CONSULAR FEES (SPECIALIZED SERVICES) REGULATIONS
Marginal note:Retroactive coming into force
28. The Consular Fees (Specialized Services) Regulations, made by Order in Council P.C. 2003-4 of January 23, 2003 and registered as SOR/2003-30, are deemed for all purposes to have been made on April 1, 1998, and everything done under, and all consequences flowing from, those Regulations since April 1, 1998 are deemed effective as if those Regulations had been made on that date.
COORDINATING AMENDMENTS
Lieutenant Governors Superannuation Act
Marginal note:R.S., c. L-8
29. On the later of the coming into force of subsection 5(4) of the Lieutenant Governors Superannuation Act, as enacted by subsection 14(2) of this Act, and section 174 of the Modernization of Benefits and Obligations Act, as enacted by section 18 of this Act, subsection 5(4) of the Lieutenant Governors Superannuation Act is replaced by the following:
Marginal note:Sections do not apply
(4) Sections 3 to 4.1 do not apply to a Lieutenant Governor who has made an election under this section and sections 7 to 8.1 do not apply to the survivor of a Lieutenant Governor who has made an election under this section.
Bill C-25
Marginal note:1999, c. 17
30. If Bill C-25, introduced in the 2nd Session of the 37th Parliament and entitled the Public Service Modernization Act, receives royal assent, then, on the later of the coming into force of section 230 of that Act and the coming into force of section 5 of this Act, section 57 of the French version of the Canada Customs and Revenue Agency Act is replaced by the following:
Marginal note:Activités politiques
57. La partie 7 de la Loi sur l'emploi dans la fonction publique s'applique aux commissaire, commissaire délégué et employés de l'Agence. Pour l'application de cette partie, les commissaire et commissaire délégué sont réputés être des administrateurs généraux, au sens du paragraphe 2(1) de cette loi, et les employés, des fonctionnaires, au sens du paragraphe 2(1) de cette loi.
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