Members of Parliament Retiring Allowances Act

Marginal note:Regulations

• 64 (1) The Governor in Council may make regulations

  • (a) prescribing, for the purposes of paragraph 5(1)(b) and 28(1)(b), the rates of interest, the manner of calculating interest and the times at which interest shall be credited to the Retiring Allowances Account and the Compensation Arrangements Account;

  • (b) prescribing, for the purposes of sections 11 and 33 and subsection 63(2), the rates of interest and the manner of calculating interest;

  • (c) prescribing, in the case of any allowance or other benefit payable under this Act, the days on which the payments of allowances or other benefits shall be made and providing that payment may be made in respect of any part of a period and that, subject to section 58, where a recipient ceases to be entitled to an allowance or other benefit or dies, payment may be made in respect of the full month in which the recipient ceases to be entitled to an allowance or other benefit or dies;

  • (d) providing, where a recipient of any allowance or other benefit payable under this Act is incapable of managing the recipient’s affairs, that the allowance or other benefit may be paid to another person on the recipient’s behalf;

  • (e) [Repealed, 1995, c. 30, s. 25]

  • (f) respecting the manner in which amounts referred to in subsection 56(3) or 57(2) or section 63.1 may be recovered from any allowance or other benefit payable under this Act;

  • (g) providing for the terms and conditions for instalment payments under subsection 57(1) and prescribing the bases as to mortality and interest to be used in establishing the amounts of the payments;

  • (h) respecting, for the purposes of section 21 or 41, the circumstances under which a child to whom that section applies shall be entitled to an allowance under Part I or II;

  • (h.1) respecting the recovery of amounts under subsection 59.1(6) by deduction, lump sum payment, instalment payment or otherwise, including

    • (i) the sending of notices,

    • (ii) the making of elections with respect to the manner of the recovery of amounts or otherwise,

    • (iii) the prescribing of bases as to mortality and interest,

    • (iv) the estimation of amounts and the reconciliation of amounts at the end of a year,

    • (v) the order of the allowances or benefits from which the amounts are recovered, and

    • (vi) the imposition of interest;

  • (i) for the purposes of the definition child in subsection 2(1), providing for the meaning of the expression full-time attendance at a school or university;

  • (j) respecting, for the purposes of the definition child in subsection 2(1), the circumstances under which attendance at a school or university by a child of a member or former member shall be deemed to be substantially without interruption;

  • (k) prescribing, for the purposes of the definition defined benefit limit in subsection 2(1), an amount in respect of the 1995 calendar year and any subsequent calendar year, which amount may be prescribed by reference to the regulations made under the Income Tax Act;

  • (l) prescribing, for the purposes of sections 9, 11, 12, 31, 33 and 34, the manner of determining a portion of the earnings limit of a member for a calendar year;

  • (l.1) [Repealed, 2003, c. 16, s. 9]

  • (m) prescribing the time within which a former member may make an election under subsections 23(1) and 43(1) and prescribing the circumstances, and the terms and conditions, under which the election may be revoked;

  • (m.1) respecting the manner of adjusting aggregate amounts for the purposes of subsections 23(2) and 43(2) and respecting the manner of determining the amount of the joint and survivor benefit payable to a surviving spouse under subsections 23(4) and 43(4);

  • (m.2) respecting the evidence required to establish proof of age and marital status for the purposes of making an election under sections 23 and 43, the time within which the evidence must be provided and the consequences of any failure to provide the evidence within that time;

  • (n) prescribing anything that, by this Act, is to be prescribed; and

  • (o) for any other purpose deemed necessary to give effect to this Act.

• Marginal note:Retroactive regulations

  (2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.