SOR/97-12719972

20196

PUBLIC SERVICE SUPERANNUATION ACTFINANCIAL ADMINISTRATION ACTCanada Communication Group Divestiture RegulationsT.B.82505319972

The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u)a of the Public Service Superannuation Act and paragraph 7(2)(a) of the Financial Administration Act, hereby makes the annexed Canada Communication Group Divestiture Regulations.aS.C. 1992, c. 46, s. 22Interpretation

1The definitions in this section apply in these Regulations.Act means the Public Service Superannuation Act. (Loi)new employer means Canada Communication Group Inc., the wholly-owned subsidiary of St. Joseph Corporation that will carry on the business of the Canada Communication Group in accordance with the sales agreement. (nouvel employeur)sales agreement means the agreement of purchase and sale relating to the transfer of the Canada Communication Group, a part of the Department of Public Works and Government Services, made between Her Majesty the Queen in right of Canada represented by the Minister of Public Works and Government Services and St. Joseph Corporation on December 13, 1996. (convention de vente)St. Joseph Corporation means the corporation established under the laws of Ontario that is referred to as the purchaser in the sales agreement. (St. Joseph Corporation)transfer date means the date on which a person who is an employee within the meaning of the sales agreement, having accepted an offer of employment from St. Joseph Corporation, ceases to be employed in the public service. (date de cession)SOR/97-556, s. 1; SOR/2016-203, s. 52(E)

Application

2(1)Subject to subsection (2), these Regulations apply to a person who, having received and accepted an offer of employment from St. Joseph Corporation pursuant to the sales agreement, on the transfer date ceases to be employed in the public service and becomes employed by the new employer.(2)These Regulations do not apply to a person who subsequently becomes re-employed by the new employer.SOR/2016-203, s. 52(E)

Applicable Provisions

3(1)Sections 12, 13 and 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 new employer.(2)Despite subsection (1), where on the transfer date a person, on ceasing to be employed in the public service, would have been eligible, were it not for these Regulations, to exercise an option under section 12, paragraph 13(7)(a) or (b) or section 13.01 of the Act, the person may exercise such an option(a)in the cases referred to in paragraphs 13(7)(a) and (b) of the Act, no later than June 20, 1998; and(b)in the cases referred to in sections 12 and 13.01 of the Act, no later than December 1, 1998.(3)A person who has exercised an option under subsection (2) is deemed not to have become employed by the new employer for the purposes of these Regulations and of sections 83 to 99 of the Public Service Superannuation Regulations and is not entitled to exercise an option pursuant to subsection (1) when the person ceases to be employed by the new employer.SOR/97-556, s. 2; SOR/2016-203, s. 52(E)

Surviving Spouse and Children

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

5For the purposes of subsection 13(3) of the Act, the surviving spouse and children of a person who dies while employed by the new employer are entitled to an allowance as 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.

6For 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 the 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 that person ceases to be employed by the new employer is entitled to an allowance under Part I of the Act.SOR/2016-203, s. 52(E)

Adaptation of Subsection 10(5) of the Act

7For 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 the new employer.

Adaptation of Sections 12 and 13 of the Act

8For the purposes of sections 12 and 13 of the Act, pensionable service includes the period of service with the new employer that begins on the transfer date and that ends on the date on which the person ceases to be employed by the new employer.

9For 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 new employer.SOR/2016-203, s. 52(E)

9.1A contributor to whom these Regulations apply is considered to be a Group 1 contributor.SOR/2016-203, s. 51

Coming into Force

10These Regulations come into force on March 7, 1997.