SOR/2015-5620153

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20196

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PUBLIC SERVICE SUPERANNUATION ACTFINANCIAL ADMINISTRATION ACTDivestiture Regulations for Former Employees of Atomic Energy of Canada Limited (CANDU Reactor Division)The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u)a and subsection 42.1(2)b of the Public Service Superannuation Actc and paragraph 7(2)(a) of the Financial Administration Actd, makes the annexed Divestiture Regulations for Former Employees of Atomic Energy of Canada Limited (CANDU Reactor Division).aS.C. 2003, c. 22, par. 225(z.19)bS.C. 2012, c. 31, s. 499(3)cR.S., c. P-36dR.S., c. F-11

Application1(1)These Regulations apply to a person who satisfies the following conditions:(a)the person was employed by Atomic Energy of Canada Limited and became employed by Candu Energy Inc. on October 2, 2011 as a result of an agreement between Atomic Energy of Canada Limited, Candu Energy Inc., and SNC Lavalin Group Inc., signed on June 29, 2011, and has continued to be so employed without interruption until the coming into force of these Regulations; and(b)the person ceased to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act (the “Act”) as a result of Candu Energy Inc. ceasing on October 2, 2014 to be deemed to be part of the public service as a result of that agreement and a direction of the Treasury Board dated June 23, 2011 made under subsection 40.1(2) of the Act.Exception — person re-employed(2)These Regulations do not apply to a person who is re-employed by Candu Energy Inc.Exceptions — survivors and children(3)Sections 2, 3 and 7 do not apply to the survivor and children of a person who has received a return of contributions or has exercised an option under subsection 6(2).

Subsection 10(5) of Act2For the purposes of subsection 10(5) of the Act, the one-year period referred to in paragraph (a) of that subsection begins on the day on which the person ceases to be employed by Candu Energy Inc.

Survivor and children benefits3The survivor and children of a person who dies while employed by Candu Energy Inc. 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 referred to in subsection 12(8) of the Act; or(b)the allowances referred to in subsection 13(3) of the Act.

Sections 12 and 13 of Act4For the purposes of sections 12 and 13 of the Act, the age of a 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 Candu Energy Inc.

Pensionable service5For the purposes of sections 12, 13 and 13.01 of the Act, pensionable service includes the period of service that begins on October 2, 2014 and ends on the day on which a person ceases to be employed by Candu Energy Inc.

When certain provisions are applicable6(1)Sections 12, 13 and 13.01 of the Act only apply to a person as of the day on which they cease to be employed by Candu Energy Inc.Exceptions(2)However, if on October 2, 2014, were it not for these Regulations, the person would be entitled to a return of contributions under subsection 12(3) of the Act, they may request, in writing, the return of contributions no later than October 1, 2015, and if, in the same circumstances, they would be entitled to exercise an option under section 13.01 of the Act, they may exercise the option within the same period.

Subsection 26(2) of Act7For 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 they cease to be employed by Candu Energy Inc.

Group 1 contributor8A person to whom these Regulations apply is considered to be a Group 1 contributor.

Coming into force9These Regulations are deemed to have come into force on October 2, 2014.