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Vol. 137, No. 39 — September 27, 2003 Regulations Amending the Ontario Fishery Regulations, 1989Statutory Authority Fisheries Act Sponsoring Departments Department of Justice and Department of Fisheries and Oceans REGULATORY IMPACT For the Regulatory Impact Analysis Statement, see Regulations Amending the Contraventions Regulations. PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to section 43 (see footnote a) of the Fisheries Act, proposes to make the annexed Regulations Amending the Ontario Fishery Regulations, 1989. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Cameron Mack, Acting Director, Fish and Wildlife Branch, Ontario Ministry of Natural Resources, P.O. Box 7000, Peterborough, Ontario K9J 8M5 (Telephone: (705) 755-1909; Facsimile: (705) 755-1900). Ottawa, September 18, 2003
EILEEN BOYD
REGULATIONS AMENDING THE ONTARIO FISHERY REGULATIONS, 1989 AMENDMENTS 1. Part V of the Ontario Fishery Regulations, 1989 (see footnote 1) is repealed. 2. Schedule XIII to the Regulations is repealed. COMING INTO FORCE 3. These Regulations come into force on the day on which they are registered. [39-1-o] Regulations Amending the Pension Benefits Division RegulationsStatutory Authority Pension Benefits Division Act Sponsoring Agency Treasury Board Secretariat REGULATORY IMPACT Description The Pension Benefits Division Act (PBDA) provides for the division of pension benefits accrued by members of federal public sector statutory pension plans in cases of divorce or separation of the member from his or her spouse or common-law partner. The bulk of the amendments proposed to the Pension Benefits Division Regulations reflect changes to the PBDA stemming from amendments introduced by the Modernization of Benefits and Obligations Act, S.C. 2000, c.12. The changes to the PBDA extend its application to common-law partners of the same sex. Additionally, minor technical amendments to the Regulations are proposed to take into account ongoing housekeeping changes to certain pension plans subject to the PBDA and to improve administrative procedures regarding the provision of information in the pension division process. Alternatives The rules governing pension division of federal public sector statutory pension plans are set out in the PBDA. Without a change to the enabling statute, there is no alternative to amending the Regulations. Benefits and Costs No additional costs will result from the proposed amendments to the Regulations. Consultation Consultations and discussions were held within the Pensions and Benefits Sector of the Treasury Board Secretariat, with officials of the Department of National Defence, the Royal Canadian Mounted Police and the Department of Public Works and Government Services. Compliance and Enforcement The normal legislative, regulatory and administrative compliance structures will apply, including internal audits, and responses to inquiries received from Members of Parliament, affected plan members and their representatives. Contact Joan M. Arnold, Director, Pension Legislation Development, Pensions and Benefits Sector, Treasury Board Secretariat, Ottawa, Ontario K1A 0R5, (613) 952-3119. PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to section 16 of the Pension Benefits Division Act (see footnote b) proposes to make the annexed Regulations Amending the Pension Benefits Division Regulations. Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Phil Charko, Assistant Secretary, Pensions and Benefits Sector, Treasury Board Secretariat, L'Esplanade Laurier, 300 Laurier Avenue West, Ottawa, Ontario K1A 0R5. Ottawa, September 18, 2003
EILEEN BOYD
REGULATIONS AMENDING THE PENSION BENEFITS DIVISION REGULATIONS AMENDMENTS 1. (1) The definition "vested" in subsection 2(1) of the Pension Benefits Division Regulations (see footnote 2) is repealed. (2) The definition "employed" in subsection 2(1) of the Regulation is replaced by the following: "employed" includes holding an office, being a participant within the meaning of Part I of the Retirement Compensation Arrangements Regulations, No. 1 who is required to contribute to the Retirement Compensation Arrangements Account, being a member of the Senate or the House of Commons or serving in the Canadian Forces or the Royal Canadian Mounted Police; (employé) (3) Paragraph 2(3)(b) of the Regulations is replaced by the following: (b) any period of elective service, other than a period described in paragraph (e), to the credit of the member at separation day in the proportion that the contributions in respect of the elective service paid by or on behalf of the member during the period subject to division bears to the total amount of the contributions required to be paid for that elective service; (4) Subsection 2(3) of the Regulations is amended by striking out the word "and" at the end of paragraph (c) and by replacing paragraph (d) with the following: (d) any period of pensionable service credited to the member before valuation day by reason of a transfer of funds from another pension plan or pursuant to a reciprocal transfer agreement or a pension transfer agreement in the proportion that the period credited to the member under that other plan in respect of the period subject to division bears to the total period of pensionable service to the credit of the member under the other plan; and (e) any period of service credited to the member before valuation day by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, in the proportion that
bears to
2. The Regulations are amended by adding the following after section 2: Vested 2.1 For the purposes of these Regulations, a member is considered vested if the member is entitled to receive a pension or would be entitled to receive a pension if he or she ceased to be employed and is also considered vested if the member is a member of the pension plan provided by the Canadian Forces Superannuation Act and has 10 or more years of service in the regular force that is pensionable service under that Act. 3. (1) The portion of paragraph 3(1)(b) of the Regulations before subparagraph (i) is replaced by the following: (b) in respect of the spouse, former spouse or former common-law partner of the member, (2) Subparagraphs 3(1)(b)(i) and (ii) of the English version of the Regulations are replaced by the following:
(ii) the most recent address of that person known to the applicant. (3) Subsection 3(2) of the English version of the Regulations is replaced by the following: (2) For the purposes of paragraph 4(4)(b) of the Act, if the court order or agreement does not specify the period of cohabitation or the period subject to division, the application shall be accompanied by the following documents: (a) if the interested parties are or were married to each other, an original or certified true copy of the certificate of marriage and a statutory declaration by the applicant stating the date on which they ceased to cohabit; and (b) if the interested parties were not married to each other, a statutory declaration by the applicant stating the date on which the member and the spouse or former common-law partner began to cohabit in a relationship of a conjugal nature and the date on which that cohabitation ceased. 4. Paragraph 4(2)(c) of the Regulations is replaced by the following: (c) evidence that the terms of the court order or agreement remain in force. 5. Section 6 of the Regulations is replaced by the following: 6. If the spouse, former spouse or former common-law partner of a deceased member makes an application, he or she shall submit to the Minister a statutory declaration stating that the terms of the court order or agreement have not been or are not being satisfied by other means. 6. Section 9 of the Regulations and the heading before it are replaced by the following: Information to the Spouse, Former Spouse, Common-law Partner or Former Common-law Partner 9. (1) A request for information referred to in subsection 13(2) of the Act shall be in writing and be accompanied by (a) if there is a court order or agreement,
(ii) in the following circumstances, a statutory declaration by the spouse or former spouse or common-law partner or former common-law partner that meets the requirements set out in subsection (2):
(B) an appeal or review referred to in paragraph 6(2)(c) of the Act has been commenced in respect of the period of cohabitation or the period subject to division; (b) if there is no court order or agreement, a statutory declaration by the spouse or former spouse or common-law partner or former common-law partner that meets the requirements set out in subsection (2). (2) The statutory declaration must state (a) in the case of a spouse or former spouse, the date of marriage and the date on which he or she ceased to cohabit with the member or, if the spouse and member have not ceased to cohabit, that it is his or her intention to cease cohabiting; and (b) in the case of a common-law partner or former common-law partner, the date on which he or she began to cohabit with the member in a relationship of a conjugal nature and the date on which that cohabitation ceased or, if the common-law partner and member have not ceased to cohabit, that it is his or her intention to cease cohabiting. 9.1 In sections 10 to 12, "parties" means the member and the spouse, former spouse, common-law partner or former common-law partner who makes a request for information under subsection 13(2) of the Act. 7. (1) The portion of subsection 10(1) of the Regulations before paragraph (a) is replaced by the following: 10. (1) Subject to subsection (3), the following is the information to be provided by the Minister in response to a request under subsection 13(2) of the Act: (2) Paragraph 10(1)(d) of the Regulations is replaced by the following: (d) if the member is not vested on the day on which the information is prepared, the amount of contributions made by the member in respect of pensionable service accrued during the period subject to division and the interest on the contributions; (3) Paragraphs 10(1)(g) and (h) of the Regulations are replaced by the following: (g) any period of pensionable service credited to the member under a reciprocal transfer agreement or a pension transfer agreement in respect of the period subject to division, determined in accordance with paragraph 2(3)(d); (h) the amount of any minimum death benefit payable on the death of the member in respect of the period subject to division, determined as though there were no surviving spouse, surviving common-law partner or dependent children; (4) Subsection 10(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (i), by adding the word "and" at the end of paragraph (j) and by adding the following after paragraph (j): (k) any period of service credited to the member by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, determined in accordance with paragraph 2(3)(e). (5) Subsection 10(2) of the Regulations is replaced by the following: (2) For the purposes of subsection (1), if the period subject to division cannot be determined under paragraph 8(2)(a) of the Act, the period subject to division begins on the day of marriage or, in the case of common-law partners, on the day on which they began to cohabit in a relationship of a conjugal nature, and ends (a) on the day on which the parties ceased to cohabit, as stated in the statutory declaration referred to in subsection 9(2); or (b) on the last day of the month preceding the month in which the request for information is made, if the parties have not ceased to cohabit. (6) The portion of subsection 10(3) of the Regulations before paragraph (a) is replaced by the following: (3) The following is the information to be provided by the Minister in response to a request under subsection 13(2) of the Act made after the division of the member's pension benefits under the plan in respect of which the request is made: (7) Paragraphs 10(3)(e) and (f) of the Regulations are replaced by the following: (e) any period of pensionable service credited to the member under a reciprocal transfer agreement or a pension transfer agreement in respect of the period subject to division, determined in accordance with paragraph 2(3)(d); (f) the amount of any minimum death benefit that, on valuation day, would have been payable on the death of the member in respect of the period subject to division, determined as though there were no surviving spouse, surviving common-law partner or dependent children; (8) Subsection 10(3) of the Regulations is amended by adding the word "and" at the end of paragraph (g) and by adding the following after that paragraph: (h) any period of service credited to the member by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, determined in accordance with paragraph 2(3)(e). 8. The portion of section 11 of the Regulations before paragraph (d) is replaced by the following: 11. The Minister may refuse to provide information in response to a request for information made by a spouse, former spouse, common-law partner or former common-law partner under subsection 13(2) of the Act or section 12 if the Minister has responded within the preceding 12 months to a similar request made by that person, unless, since that previous request, (a) the parties have ceased to cohabit; (b) the member or his or her spouse, former spouse, common-law partner or former common-law partner began proceedings in relation to separation, divorce or annulment; (c) the parties entered into an agreement; or 9. Section 12 of the Regulations is replaced by the following: 12. If a court in Canada of competent jurisdiction has ordered that a spouse, former spouse, common-law partner or former common-law partner be designated as the beneficiary of the supplementary death benefit provided under Part II of the Public Service Superannuation Act or Part II of the Canadian Forces Superannuation Act, or the parties have agreed in writing to such a designation, the Minister shall, at the written request of the spouse, former spouse, common-law partner or former common-law partner, inform that person whether he or she is the designated beneficiary and the amount of the supplementary death benefit that would be payable to him or her. 10. Paragraph 14(1)(d) of the Regulations is replaced by the following: (d) any benefits that are or may become payable to the member's spouse, former spouse, common-law partner or children on the death of the member are to be excluded; and 11. Paragraph 15(1)(d) of the Regulations is replaced by the following: (d) the interest rates determined in accordance with the Recommendations for the Computation of Transfer Values from Registered Pension Plans, published by the Canadian Institute of Actuaries, effective September 1, 1993, namely,
(ii) in respect of periods during which the member is not a recipient, the interest rates for unindexed pensions. 12. Paragraphs 17(1)(a) and (b) of the Regulations are replaced by the following: (a) if the transfer is being made in respect of the spouse, former spouse or former common-law partner of a member who is vested at valuation day, a retirement savings plan prescribed for the purposes of section 26 of the Pension Benefits Standards Act, 1985 and administered in accordance with that Act; and (b) if the transfer is being made in respect of the spouse, former spouse or former common-law partner of a member who is not vested at valuation day, a registered retirement savings plan or registered retirement income fund as defined in the Income Tax Act. 13. Paragraph 20(c) of the regulations is replaced by the following: (c) in accordance with section 23.1, if the member has directed that a payment be made to an eligible employer under a transfer agreement entered into under section 40.2 of the Public Service Superannuation Act. 14. Section 23.1 of the Regulations is replaced by the following: 23.1 (1) Any amount to be paid in respect of a member to an eligible employer pursuant to a transfer agreement entered into under section 40.2 of the Public Service Superannuation Act, or to be paid to the member as a consequence of that payment, shall be reduced by the actuarial value of the reduction that would have been made to the member's pension benefits under sections 20 and 21 had the member remained employed in the Public Service. (2) The actuarial value shall be calculated in accordance with the methodology and assumptions set out in the agreement. 15. Section 25 of the Regulations is replaced by the following: 25. Despite any provision of a pension plan, if a division of the pension benefits that have accrued to a member under that pension plan in respect of any period of pensionable service has been effected, the spouse, former spouse or former common-law partner in whose favour the division is effected ceases to be entitled to any pension to which he or she would have been entitled as a surviving spouse or surviving common-law partner in respect of that period of service. COMING INTO FORCE 16. These Regulations come into force on the later of the day on which they are registered and the day on which sections 243 to 247 and 249 to 253 of the Modernization of Benefits and Obligations Act, chapter 12 of the Statutes of Canada, 2000, come into force. [39-1-o] S.C. 1991, c. 1, s. 12 SOR/89-93 S.C. 1992, ch. 46, sch. II SOR/94-612 |
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