Administration of Labour Market Development Services Divestiture Regulations (SOR/97-165)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Public Service Superannuation Act. (Loi)

labour market development agreement

labour market development agreement means an agreement between the Government of Canada, represented by the Minister of Human Resources Development and the Canada Employment Insurance Commission, and a provincial government whereby the design and delivery of labour market development programs and certain functions of the national employment service will be assumed by the provincial government. (accord relatif au développement du marché du travail)

new employer

new employer means a provincial government with whom the Government of Canada has concluded a labour market development agreement. (nouvel employeur)

Application

• 2 (1) Subject to subsection (2), these Regulations apply to persons who cease to be employed in the public service and become employed by a new employer pursuant to a labour market development agreement.

• (2) These Regulations do not apply to a person who subsequently becomes re-employed by the new employer referred to in subsection (1) or who, after ceasing to be employed by the new employer, becomes employed by another new employer.

• (3) Sections 4 to 9 do not apply to a person who has exercised an option under subsection 3(2).

Applicable Provisions

• 3 (1) Sections 12 to 13.01 of the Act only apply to a person on and after the day on which they cease to be employed by the new employer.

• (2) However, if on or after April 1, 1998, were it not for these Regulations, a person would be entitled to a return of contributions under subsection 12(3) or 12.1(4) of the Act, they may request, in writing, the return of contributions within one year after the day on which they cease to be employed in the public service and become employed by the new employer, and if, in the same circumstances, a person would be entitled to exercise an option in favour of the transfer value referred to in section 13.01 of the Act, they may exercise the option within the same period.

Survivor and Children

4 The survivor and children of a person who dies while employed by the new employer are entitled to one of the following benefits to which they would have been entitled if the person had been employed in the public service:

• (a) the death benefit under subsection 12(8) or 12.1(8) of the Act; or

• (b) the allowances referred to in subsection 13(3) or 13.001(3) of the Act.

5 [Repealed, SOR/2016-203, s. 53]

6 For the purposes of subsection 26(2) of the Act, a child who was born to or adopted by a person or became the stepchild of a person during the period that begins on the date on which the person ceases to be employed in the public service and that ends on the date on which the person ceases to be employed by a new employer is entitled to an allowance under Part I of the Act.

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 shall begin on the date on which the person ceases to be employed by a new employer.

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 new employer that begins on the day on which the person ceases to be employed in the public service and that ends on the day on which they cease to be employed by the new employer.

9 For the purposes of sections 12 to 13.01 of the Act, the age of the person when they cease to be employed in the public service is their age on the day on which they cease to be employed by the new employer.

Coming into Force

10 These Regulations come into force on April 1, 1997.