An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2003_12/FullText.html

An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act

S.C. 2003, c. 12

Assented to 2003-06-19

An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act

SUMMARY

This enactment amends the Pension Act and the Royal Canadian Mounted Police Superannuation Act to recognize, for the purpose of pension benefits under the Pension Act, service as part of a “special duty operation”. Members of the Canadian Forces and the RCMP serving as part of a special duty operation, or their survivors, will be provided, in the event of the member’s disability or death, with the same pension coverage as that currently provided in respect of service in a “special duty area”.

The existing power of the Governor in Council to designate “special duty areas” is transferred to the Minister of National Defence (in the case of the Pension Act) and to the Solicitor General of Canada (in the case of the Royal Canadian Mounted Police Superannuation Act). Those respective Ministers are also empowered to designate “special duty operations”, which are not required to be defined in terms of a specific geographical area.

A designation of a “special duty area” or “special duty operation” may be made only if the Canadian Forces or RCMP members are deployed into conditions of elevated risk. In all cases, there must be prior consultation with the Minister of Veterans Affairs.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. P-6 PENSION ACT

Marginal note:2000, c. 34, s. 20(5)

1. (1) The definition “service in a special duty area” in subsection 3(1) of the English version of the Pension Act is repealed.

Marginal note:2000, c. 34, s. 20(5)

(2) The definition service spécial in subsection 3(1) of the French version of the Act is replaced by the following:

« service spécial »

“special duty service”

service spécial Service effectué par un membre des Forces canadiennes soit dans une zone de service spécial désignée au titre de l’article 91.2, soit dans le cadre d’une opération de service spécial désignée au titre de l’article 91.3, pendant la période visée par la désignation. Sont assimilés au service spécial, s’ils ont lieu pendant cette période mais au plus tôt le 11 septembre 2001 :

a) la formation reçue spécialement en vue du service dans la zone ou dans le cadre de l’opération, sans égard au lieu où elle est reçue;

b) le déplacement pour se rendre dans la zone, sur les lieux de l’opération ou dans le lieu de la formation visée au paragraphe a) et en revenir;

c) le congé autorisé avec solde pris durant ce service, sans égard au lieu où il est pris.

(3) Subsection 3(1) of the English version of the Act is amended by adding the following in alphabetical order:

“special duty service”

« service spécial »

“special duty service” means service as a member of the Canadian Forces in a special duty area designated under section 91.2, or as a member of the Canadian Forces as part of a special duty operation designated under section 91.3, during the period in which that designation is in effect, and includes

(a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place,

(b) travel to and from the area, the operation, or the location of training referred to in paragraph (a), and

(c) authorized leave of absence with pay during that service, wherever that leave is taken,

if that training, travel or leave occurred on a day, not earlier than September 11, 2001, that is in the period during which that designation is in effect;

Marginal note:2000, c. 34, s. 21(1)

2. (1) The portion of subsection 21(1) of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Service during war, or special duty service

21. (1) In respect of service rendered during World War I, service rendered during World War II other than in the non-permanent active militia or the reserve army, service in the Korean War, service as a member of the special force, and special duty service,

Marginal note:2000, c. 34, s. 21(2)

(2) The portion of paragraph 21(1)(c) of the Act before subparagraph (i) is replaced by the following:

(c) no deduction shall be made from the degree of actual disability of a member of the forces who has rendered service in a theatre of actual war, service in the Korean War or special duty service on account of a disability or disabling condition that existed in the member before the member’s period of service in World War I or World War II, service in the Korean War or special duty service, as the case may be, except

Marginal note:2000, c. 34, s. 21(3)

(3) Subparagraph 21(1)(g)(i) of the Act is replaced by the following:

(i) a pension for disability has been awarded to a member of the forces in respect of service in a theatre of actual war, service in the Korean War or special duty service, and

Marginal note:2000, c. 34, s. 40

3. Section 91.1 of the Act is replaced by the following:

Definition of “conditions of elevated risk”

91.1 In paragraphs 91.2(1)(c) and 91.3(1)(c), “conditions of elevated risk” means a level of risk higher than that normally associated with service in peacetime.

Marginal note:Special duty areas

91.2 (1) The Minister of National Defence, after consulting the Minister, may by order designate an area as a special duty area if

(a) the area is outside Canada;

(b) members of the Canadian Forces have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 91.4; and

(c) the Minister of National Defence is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk.

Marginal note:Period of designation

(2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date — not earlier than January 1, 1949 — or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect.

Marginal note:Special duty operations

91.3 (1) The Minister of National Defence, after consulting the Minister, may by order designate as a special duty operation any operation, or any component of an operation, if

(a) the operation is of a type referred to in section 91.4;

(b) members of the Canadian Forces have been deployed, or will be deployed, as part of that operation; and

(c) the Minister of National Defence is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk.

Marginal note:Period of designation

(2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date — not earlier than September 11, 2001 — or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect.

Marginal note:Types of operations

91.4 For the purposes of paragraphs 91.2(1)(b) and 91.3(1)(a), the types of operations are as follows:

(a) an armed conflict;

(b) an operation authorized under the Charter of the United Nations, the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar treaty instrument;

(c) an international or multinational military operation;

(d) an operation authorized in order to deal with a national emergency, as defined in section 3 of the Emergencies Act, in respect of which a declaration of emergency is made under that Act;

(e) an operation authorized under section 273.6 or Part VI of the National Defence Act, or other similar operation authorized by the Governor in Council;

(f) an operation that, in the opinion of the Minister of National Defence, is a search and rescue operation;

(g) an operation that, in the opinion of the Minister of National Defence, is a disaster relief operation;

(h) an operation that, in the opinion of the Minister of National Defence, is a counter-terrorism operation; and

(i) an operation involving a level of risk that, in the opinion of the Minister of National Defence, is comparable to that normally associated with an operation referred to in paragraphs (a) to (e).

Marginal note:Statutory Instruments Act

91.5 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 91.2 or 91.3.

R.S., c. R-11 ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT

Marginal note:2000, c. 34, s. 46

4. Section 32.1 of the Royal Canadian Mounted Police Superannuation Act is replaced by the following:

Marginal note:Award related to special duty service

32.1 (1) An award in accordance with the Pension Act shall be granted to or in respect of a member of the Force who is disabled or dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during special duty service as defined in subsection (2), as though that member of the Force were a member of the Canadian Forces in special duty service within the meaning of the Pension Act.

Definition of “special duty service”

(2) For the purposes of subsection (1), “special duty service” means service as a member of the Force in a special duty area designated under section 32.12 or under section 91.2 of the Pension Act during the period in which that designation is in effect, or service as a member of the Force as part of a special duty operation designated under section 32.13 or under section 91.3 of the Pension Act during the period in which that designation is in effect, and includes

(a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place,

(b) travel to and from the area, the operation, or the location of training referred to in paragraph (a), and

(c) authorized leave of absence with pay during that service, wherever that leave is taken,

if that training, travel or leave occurred on a day, not earlier than September 11, 2001, that is in the period during which that designation is in effect.

Definition of “conditions of elevated risk”

32.11 In paragraphs 32.12(1)(c) and 32.13(1)(d), “conditions of elevated risk” means a level of risk higher than that normally associated with service in peacetime.

Marginal note:Special duty areas

32.12 (1) The Solicitor General of Canada, after consulting the Minister as defined in subsection 3(1) of the Pension Act, may by order designate an area as a special duty area if

(a) the area is outside Canada;

(b) members of the Force have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 32.14; and

(c) the Solicitor General of Canada is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk.

Marginal note:Period of designation

(2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date — not earlier than June 11, 1998 — or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect.

Marginal note:Special duty operations

32.13 (1) The Solicitor General of Canada, after consulting the Minister as defined in subsection 3(1) of the Pension Act, may by order designate as a special duty operation any operation, or any component of an operation, if

(a) the operation is of a type referred to in section 32.14;

(b) the operation is outside Canada;

(c) members of the Force have been deployed, or will be deployed, as part of that operation; and

(d) the Solicitor General of Canada is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk.

Marginal note:Period of designation

(2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date — not earlier than September 11, 2001 — or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect.

Marginal note:Types of operations

32.14 For the purposes of paragraphs 32.12(1)(b) and 32.13(1)(a), the types of operations are as follows:

(a) an armed conflict;

(b) an operation authorized under the Charter of the United Nations or any other similar treaty instrument;

(c) an operation that, in the opinion of the Solicitor General of Canada, is a search and rescue operation;

(d) an operation that, in the opinion of the Solicitor General of Canada, is a disaster relief operation;

(e) an operation that, in the opinion of the Solicitor General of Canada, is a counter-terrorism operation;

(f) an operation that, in the opinion of the Solicitor General of Canada, is aimed at re-establishing social order or rebuilding social institutions following political or social unrest; and

(g) an operation involving a level of risk that, in the opinion of the Solicitor General of Canada, is comparable to that normally associated with an operation referred to in paragraphs (a) and (b).

Marginal note:Statutory Instruments Act

32.15 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 32.12 or 32.13.

TRANSITIONAL PROVISIONS

Marginal note:Continuation of existing order

5. (1) The Special Duty Area Pension Order made under subsection 91.1(1) of the Pension Act, as that subsection read immediately before the coming into force of this Act, continues in force subject to being repealed under section 91.2 of the Pension Act, as enacted by section 3 of this Act.

Marginal note:Re-enactment of provisions of existing order

(2) Under section 91.2 of the Pension Act, as enacted by section 3 of this Act, the Minister of National Defence is deemed to have the authority, after consulting the Minister of Veterans Affairs, to make an order that re-enacts the provisions of the order referred to in subsection (1) of this section.

Marginal note:Reference to special duty areas

6. (1) In the definition “special duty service” in subsection 3(1) of the Pension Act, as enacted by subsection 1(3) of this Act, the expression “special duty area designated under section 91.2” shall be read as including a special duty area designated by the Special Duty Area Pension Order made under subsection 91.1(1) of the Pension Act, as that subsection read immediately before the coming into force of this Act, until that order is repealed.

Marginal note:Reference to special duty areas

(2) In the definition “special duty service” in subsection 32.1(2) of the Royal Canadian Mounted Police Superannuation Act, as enacted by section 4 of this Act, the reference to a special duty area designated under section 91.2 of the Pension Act shall be read as including a special duty area designated by the Special Duty Area Pension Order made under subsection 91.1(1) of the Pension Act, as that subsection read immediately before the coming into force of this Act, until that order is repealed.

Marginal note:Regulations made under the Department of Veterans Affairs Act

7. Regulations made under the Department of Veterans Affairs Act, and in force immediately before the coming into force of this Act, that confer on members of the Canadian Forces and their survivors a benefit for disability or death by reason of service in a special duty area apply, with such modifications as the circumstances require, in respect of members of the Canadian Forces and their survivors in relation to disability or death by reason of special duty service, as defined in subsection 3(1) of the Pension Act as amended by subsection 1(3) of this Act.
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