Canadian Forces Superannuation Act (R.S.C., 1985, c. C-17)

Marginal note:Manner of payment of benefit

• 79 (1) The supplementary benefit payable to a recipient shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions as the pension payable to that recipient.

• (2) [Repealed, 1999, c. 34, s. 166]

PART IVGeneral

Marginal note:Regulations

• 80 (1) The Governor in Council may, for the purpose of enabling the pension plan provided by this Act to conform with any provision of section 147.1 of the Income Tax Act and Part LXXXV of the Income Tax Regulations, make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Idem

  (2) The Governor in Council may, for the purpose of ensuring the practical and fair application of this Act in any case where regulations are made or have been made under subsection (1), make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Inconsistency with Act or other regulations

  (3) In the event of any inconsistency between the provisions of any regulations made under subsection (1) or (2) and the provisions of this Act or any other regulations made under this Act, the provisions of the regulations made under subsection (1) or (2) prevail to the extent of the inconsistency.

• Marginal note:Retroactive application of regulations

  (4) Regulations made under subsection (1) or (2) may, if they so provide, be retroactive and be deemed to come into force on a day prior to the day on which they are made, which prior day shall not be before the day on which this subsection comes into force.

• Marginal note:Void regulations

  (5) A regulation made under subsection (1) or (2) is void if the regulation would reduce or have the effect of reducing the amount of any pension, annual allowance, annuity, supplementary benefit or lump sum payment that has accrued to any person before the day on which the regulation is made.

81 [Not in force]

Marginal note:Regulations — recovery, etc., of amounts

82 The Governor in Council may make regulations respecting the manner in which amounts referred to in sections 86 to 89 may be reserved, recovered or retained, as the case may be, from any benefit payable under this Act.

Marginal note:Benefits not assignable, etc.

83 Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act,

• (a) a benefit under this Act is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void;

• (b) a benefit to which a person is entitled under Part I, I.1 or III is not capable of being surrendered or commuted during the lifetime of that person except under section 22, subsection 29(3) or section 81 or under regulations made under section 59.1, and any other transaction that purports to so surrender or commute any such benefit is void; and

• (c) a benefit under this Act is exempt from attachment, seizure and execution, either at law or in equity.

Marginal note:Presumption of death

• 84 (1) If a person who is required to contribute under this Act, or who is entitled to a benefit under this Act or the former Act, has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act and the former Act on which that person’s death is presumed to have occurred, and that person is deemed for all purposes of this Act and the former Act to have died on that date.

• Marginal note:Change of date

  (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act and the former Act to have died on that different date.

Marginal note:Allowances paid to children

85 When a child is entitled to an annual allowance or other amount under this Act, payment of it shall, if the child is less than eighteen years of age, be made to the person having custody and control of the child, or, if there is no person having custody and control of the child, to the person whom the Minister may direct.

Marginal note:Reservation of unpaid instalments for elective service

86 If a person who has elected under this Act or Part V of the former Act to pay for any period of service and has undertaken to pay for that period of service in instalments ceases to be a member of the regular force or the reserve force, as the case may be, before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to them by Her Majesty in right of Canada, including any periodic benefit payable to them under this Act, until such time as all the instalments have been paid, or the person dies, whichever occurs first.

Marginal note:Recovery of amounts due at time of death

87 When an amount payable by a person into the Superannuation Account, the Canadian Forces Pension Fund or a fund established under regulations made under section 59.1 by reservation from salary or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time when it became due, may be recovered, in accordance with the regulations, from any allowance payable under this Act to the survivor or children of that person, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it. Any amount so recovered shall be credited to the Superannuation Account or paid into the Canadian Forces Pension Fund or the fund established under regulations made under section 59.1, as the case may be, and is deemed to have been paid into the Superannuation Account, the Canadian Forces Pension Fund or the fund established under regulations made under section 59.1, as the case may be, by that person.

Marginal note:Retention of amount paid in error

88 If any amount has been paid in error under Part I, I.1 or III on account of any periodic benefit, the Minister may retain by way of deduction from any subsequent payment of that benefit, in accordance with the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery of the amount paid in error.

Marginal note:Recovery of debit balance in pay account of former member

• 89 (1) Any debit balance in the pay account of a former member of the regular force or of the reserve force, as the case may be, may be recovered from any benefit to which they are entitled under this Act or from any amount that becomes payable under this Act to their service estate, whether the debit balance existed at the time of their retirement or was ascertained after that time.

• Marginal note:Manner of recovery

  (2) Recovery of a debit balance pursuant to this section shall be effected in the manner and to the extent that may be prescribed by the regulations, but, in the case of any benefit to which a former member of the regular force or of the reserve force, as the case may be, is entitled under this Act, such recovery shall not be effected unless notice of the existence of the debit balance and the amount of it has been given to them, or has been forwarded by registered mail addressed to them at their latest known address.

Marginal note:Diversion of payments to satisfy financial support order

• 90 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable under Part I, I.1 or III to that recipient 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) If, for any reason, a recipient is unable to manage their own affairs, or where the recipient is incapable of managing their 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 Part I, I.1 or III.

• Marginal note:Payment deemed to be to recipient

  (3) For the purposes of Parts I, I.1 and 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 was made.

• Marginal note:Definition

  (4) For the purposes of this section, recipient means a person to whom any amount is or is about to become payable under Part I, I.1 or III.

Marginal note:Remission of overpayments

91 If a person has received or obtained an overpayment and the Minister is satisfied that

• (a) the overpayment cannot be recovered within the reasonably foreseeable future,

• (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered, or

• (c) repayment of the overpayment would cause undue hardship to the person,

the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.

Marginal note:Remedial action in case of error

92 If the Minister is satisfied that, as a result of erroneous advice or administrative error in the administration of this Act, a person has failed to make an election or exercise an option under this Act, the Minister may take any remedial action that the Minister considers appropriate to permit that person to make that election or exercise that option, as the case may be, on any terms and conditions that the Minister may determine, including as to the time for making the election or exercising the option and any amount payable in respect of the election.

Marginal note:Request for reconsideration

• 93 (1) A person who is dissatisfied with any decision made under this Act that affects their benefits, or their entitlement to benefits, under this Act may, within 90 days after the day on which the dissatisfied party was notified of the decision, or within any longer period that the Minister may either before or after the expiration of those 90 days allow, make a request to the Minister in the form and manner prescribed by regulation for a reconsideration of that decision.

• Marginal note:Reconsideration by Minister

  (2) The Minister shall reconsider any decision referred to in subsection (1) and may confirm or vary it and shall in writing notify the person who made the request under that subsection of the Minister’s decision and of the reasons for it.

Marginal note:Power of Minister

94 The Minister may use electronic means to create, communicate, make available, collect, receive, store or otherwise deal with documents or information under this Act.

Marginal note:Regulations — electronic means

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

  • (a) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with a document or information under this Act, including

    • (i) the technology or process, and the format, to be used,

    • (ii) the place where an electronic document is to be made or sent,

    • (iii) the time and circumstances when an electronic document is considered to be sent or received and the place where it is considered to have been sent or received,

    • (iv) the technology or process to be used to make or verify an electronic signature and the manner in which the signature is to be used, and

    • (v) the circumstances in which an electronic document must be signed with an electronic signature or a secure electronic signature; and

  • (b) providing that a requirement under a provision of this Act to provide a document or information by non-electronic means is satisfied by the provision of an electronic document if the prescribed conditions, if any, have been complied with.

• Marginal note:Personal Information Protection and Electronic Documents Act

  (2) In subsection (1), electronic document, electronic signature and secure electronic signature have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act.