Canadian Tourism Commission Divestiture Regulations (SOR/2004-15)

Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Public Service Superannuation Act. (Loi)

Commission

Commission means the Canadian Tourism Commission established by section 3 of the Canadian Tourism Commission Act. (Commission)

Application

• 2 (1) Subject to subsections (2) and (3), these Regulations apply to a person who ceases to be considered to be employed in the public service for the purposes of the Act as a result of the Commission ceasing, on January 2, 2004, to form part of the public service for the purposes of the Act, and who

  • (a) is employed by the Commission on January 1, 2004; and

  • (b) remains employed by the Commission for at least one day following January 1, 2004.

• (2) These Regulations do not apply to a person who subsequently becomes re-employed by the Commission.

• (3) Sections 4 to 9 do not apply to a person who has received a return of contributions pursuant to subsection 3(3) or has exercised an option in accordance with subsection 3(4).

Applicable Provisions

• 3 (1) Sections 12 to 13.01 of the Act only apply to a person on and after the date on which that person ceases to be employed by the Commission.

• (2) A person, other than a person who exercises an option in accordance with subsection (4), is deemed, for the purposes of the application of section 13.01 of the Act, to be employed by a new employer as that term is defined in subsection 83(1) of the Public Service Superannuation Regulations.

• (3) Despite subsection (1), if on January 2, 2004 a person would be entitled, were it not for these Regulations, to a return of contributions under subsection 12(3) of the Act, that person may request, in writing, the payment of that entitlement within one year after that date.

• (4) Despite subsection (1), if on January 2, 2004 a person would be entitled, were it not for these Regulations, to exercise an option under section 13.01 of the Act, that person may exercise that option within one year after that date.

Survivor and Children

4 For the purposes of subsection 12(8) of the Act, the survivor and children of a person who dies while employed by the Commission are entitled to a death benefit equal to a return of contributions.

5 For the purposes of subsection 13(3) of the Act, the survivor and children of a person who dies while employed by the Commission are entitled to the allowances described in paragraphs 12(4)(a) and (b) of the Act, subject to the limitations set out in subsections 12(4) and (5) of the Act.

6 For the purposes of subsection 26(2) of the Act, a person is deemed to cease to be employed in the public service on the day on which the person ceases to be employed by the Commission.

Adaptation of Subsection 10(5) of the Act

7 For the purposes of subsection 10(5) of the Act, the one-year period referred to in paragraph 10(5)(a) of the Act begins on the date on which the person ceases to be employed by the Commission.

Adaptation of Sections 12 to 13.01 of the Act

8 For the purposes of sections 12 to 13.01 of the Act, pensionable service includes the period of service with the Commission that begins on January 2, 2004 and that ends on the date on which a person ceases to be employed by the Commission.

9 For the purposes of sections 12 and 13 of the Act, the age of a person when the person ceases to be employed in the public service is the age of the person on the day on which that person ceases to be employed by the Commission.

9.1 A contributor to whom these Regulations apply is considered to be a Group 1 contributor.

Coming into Force

10 These Regulations come into force on January 2, 2004.