Coronavirus disease (COVID-19) – Orders extending time limits established by pension legislation under the responsibility of the President of the Treasury Board

Explanatory note

Orders Extending Time Limits Established by Pension Legislation Under the Responsibility of the President of the Treasury Board (COVID‑19)

(This note is not part of the Orders.)

Issues

Many Canadians and Canadian businesses could be impacted and face possible legal repercussions if, due to the COVID‑19 pandemic, they fail to meet deadlines and time periods set by law with respect to legal proceedings and some key regulatory matters.  To address this issue, Parliament has enacted the Time Limits and Other Periods Act (COVID‑19), under Part 3 of An Act respecting further COVID-19 measures, which suspends certain time limits and enables federal ministers to extend or suspend other time limits included in federal legislation.

Pursuant to subsections 7(1) and 7(5) of the Time Limits and Other Periods Act (COVID‑19), the President of the Treasury Board, as minister responsible for certain acts and regulations set out in the Schedule of the Act, may make orders extending certain time limits that are established by or under any provision of these acts and in a regulation in respect of these acts.

The President of the Treasury Board has made Orders temporarily extending a series of time limits that would otherwise expire during the period of the pandemic under the following acts and their regulations governing federal public sector pension plans:

  • the Public Service Superannuation Act;
  • the Diplomatic Service (Special) Superannuation Act;
  • the Lieutenant Governors Superannuation Act;
  • the Members of Parliament Retiring Allowances Act; and
  • the Pension Benefits Division Act.

These Orders will extend certain time limits under these acts and regulations by 180 days or to December 31, 2020, whichever occurs first.  These extensions are retroactive to March 13, 2020, when the COVID-19 pandemic officially began, except in the case of the Order Extending a Time Limit Established by the Pension Benefits Division Act (COVID-19).

The Orders will extend time limits associated with:

  • Exercising a right under pension legislation such as buying back or transferring service;
  • Revoking an election or an option that a plan member had already requested;
  • Submitting forms and documentation to support an application for an election, a survivor benefit, or a division of a pension following a divorce or the breakdown of a common-law union, for instance; and
  • Choosing a retirement benefit provided under pension legislation, notably a transfer value.

The Orders came into force on the day they were signed by the President of the Treasury Board.

  • Order Respecting Time Limits Established by or Under the Public Service Superannuation Act (COVID-19)

    The President of the Treasury Board, pursuant to subsections 7(1) and (5) of the Time Limits and Other Periods Act (COVID-19)Footnote a, makes the annexed Order Respecting Time Limits Established by or Under the Public Service Superannuation Act (COVID-19).

    Ottawa, September 23, 2020

    President of the Treasury Board
    Jean-Yves Duclos

    Extension

    Extension of time limit

    1. A time limit set out in column 2 of a Part of the schedule and established under the provision set out in column 1 is extended by 180 days or to December 31, 2020, if that day occurs before the day on which the 180-day extension ends.

    Coming into Force

    March 13, 2020

    1. This Order is deemed to have come into force on March 13, 2020.

    Schedule
    (Section 1)

    Extended Time Limits

    Part 1
    Public Service Superannuation Act
    Item Column 1
    Provision
    Column 2
    Time Limit Being Extended
    1 clause 6(1)(b)(iii)(A) 1 year
    2 clause 6(1)(b)(iii)(B) 1 year
    3 clause 6(1)(b)(iii)(C) 1 year
    4 clause 6(1)(b)(iii)(D) 1 year
    5 clause 6(1)(b)(iii)(E) 1 year
    6 clause 6(1)(b)(iii)(F) 1 year
    7 clause 6(1)(b)(iii)(H) 1 year
    8 clause 6(1)(b)(iii)(I) 1 year
    9 clause 6(1)(b)(iii)(J) 1 year
    10 section 9 1 year
    11 subsection 10(4) 3 months
    12 paragraph 10(5)(a) 1 year
    13 subsection 25(7) 3 months
    14 subsection 39(1) 1 year
    15 subsection 40(11) 1 year
    16 subsection 51(1) 1 year
    17 paragraph 51(2)(a) 30 days
    18 paragraph 51(2)(b) 30 days
    19 subsection 51(3) 30 days
    20 subsection 57(2) 30 days
    Part 2
    Counting of Service by Former Members of the Senate or House of Commons Regulations
    Item Column 1
    Provision
    Column 2
    Time Limit Being Extended
    1 subsection 5(1) 1 year
    2 subsection 5(2) 1 year
    3 subsection 6.1(2) 30 days
    4 paragraph 9(a) 1 year
    Part 3
    Public Service Superannuation Regulations
    Item Column 1
    Provision
    Column 2
    Time Limit Being Extended
    1 paragraph 5(1)(a) end of the month
    2 subsection 5(2) 30 days
    3 subsection 6(2) 30 days
    4 subsection 7.2(2) in advance of each year of a period of absence
    5 subsection 7.2(2) in advance of each quarter of a period of absence
    6 paragraph 8.1(a) 3 months after the day on which the contributor returns to duty
    7 subsection 8.2(3) 3 months
    8 subsection 13.3(1) 2 years
    9 paragraph 19.1(a) 3 months
    10 paragraph 19.1(c) 3 months
    11 paragraph 19.1(c) 6 months
    12 subsection 43.1(2) 6 months
    13 paragraph 48(3)(a) immediately upon electing to pay
    14 paragraph 48(3)(b) immediately upon completing a period of five continuous years
    15 paragraph 48(3)(c) immediately upon attaining the age of 55 years
    16 paragraph 48(4)(a) 30 days
    17 paragraph 48(4)(b) 1 year
    18 paragraph 49(2)(b) 1 year
    19 subsection 49(4) 1 year
    20 paragraph 54(1)(d) 90th day
    21 subsection 57(2) while employed in operational service
    22 paragraph 57(3)(a) 1 year
    23 subsection 58(3) 1 year
    24 section 60 1 year
    25 subsection 61(2) 3 months
    26 section 64 1 year
    27 section 67 1 year
    28 paragraph 74(3)(a) 3 months
    29 paragraph 74(3)(b) 3 months
    30 section 85 1 year after the date on which the contributor ceases to be employed in the public service
    31 section 85 1 year after the date on which the contributor ceases to be employed by the new employer
    32 paragraph 86(1)(b) 6 months
    33 subsection 86(4) 3 months
    34 paragraph 87(b) 1 year
    35 paragraph 101(3)(a) first anniversary of the date of the written notice
    36 paragraph 101(3)(b) first anniversary of the date of the written notice
    37 subsection 104(2) 90th day
    Part 4
    Public Service Superannuation Special Election Regulations
    Item Column 1
    Provision
    Column 2
    Time Limit Being Extended
    1 subsection 4(1) 1 year
    Part 5
    Supplementary Death Benefit Regulations
    Item Column 1
    Provision
    Column 2
    Time Limit Being Extended
    1 section 7 in advance annually
    2 section 7 in advance quarterly
    3 section 7 in advance of the participant’s absence from duty
    4 subsection 24(4) 1 year
    Part 6
    Portions of the Public Service General Divestiture Regulations
    Item Column 1
    Provision
    Column 2
    Time Limit Being Extended
    1 subsection 3(2) 1 year
  • Order Respecting Time Limits Established by the Diplomatic Service (Special) Superannuation Act (COVID-19)

    The President of the Treasury Board, pursuant to subsections 7(1) and (5) of the Time Limits and Other Periods Act (COVID-19)Footnote a, makes the annexed Order Respecting Time Limits Established by the Diplomatic Service (Special) Superannuation Act (COVID-19).

    Ottawa, September 23, 2020

    President of the Treasury Board
    Jean-Yves Duclos

    Extension

    Extension – 180 days

    1. The time limits established by subsections 7(1) and 11(1) of the Diplomatic Service (Special) Superannuation Act are extended by 180 days or to December 31, 2020 if that day occurs before the day on which the 180-day extension ends.

    Coming into Force

    March 13, 2020

    1. This Order is deemed to have come into force on March 13, 2020.
  • Order Respecting Time Limits Established by or Under the Lieutenant Governors Superannuation Act (COVID-19)

    The President of the Treasury Board, pursuant to subsections 7(1) and (5) of the Time Limits and Other Periods Act (COVID-19)Footnote a, makes the annexed Order Respecting Time Limits Established by or Under the Lieutenant Governors Superannuation Act (COVID-19).

    Ottawa, September 23, 2020

    President of the Treasury Board
    Jean-Yves Duclos

    Extensions

    Lieutenant Governors Superannuation Act

    Extension – 180 days

    1. The time limits established by subsections 3(3) and 5(1) of the Lieutenant Governors Superannuation Act are extended by 180 days or to December 31, 2020 if that day occurs before the day on which the 180-day extension ends.

    Lieutenant Governors Superannuation Regulation

    Extension – 180 days

    1. The time limit established by subsection 4(2) of the Lieutenant Governors Superannuation Regulations is extended by 180 days or to December 31, 2020 if that day occurs before the day on which the 180-day extension ends.

    Coming into Force

    March 13, 2020

    1. This Order is deemed to have come into force on March 13, 2020.
  • Order Respecting Time Limits Established by or Under the Members of Parliament Retiring Allowances Act (COVID-19)

    The President of the Treasury Board, pursuant to subsections 7(1) and (5) of the Time Limits and Other Periods Act (COVID-19)Footnote a, makes the annexed Order Respecting Time Limits Established by or Under the Members of Parliament Retiring Allowances Act (COVID-19).

    Ottawa, September 23, 2020

    President of the Treasury Board
    Jean-Yves Duclos

    Extensions

    Members of Parliament Retiring Allowances Act

    Extension – 180 days

    1. The time limits established by subsections 10(1) and 32(1) of the Members of Parliament Retiring Allowances Act are extended by 180 days or to December 31, 2020 if that day occurs before the day on which the 180-day extension ends.

    Former Members of Parliament Elections for Joint and Survivor Benefits Regulations

    Extension – 180 days

    1. The time limits established by sections 5 and 8 and subsection 14(3) of the Former Members of Parliament Elections for Joint and Survivor Benefits Regulations are extended by 180 days or to December 31, 2020 if that day occurs before the day on which the 180-day extension ends.

    Recovery of Overpayments Made to Former Members of Parliament Regulations

    Extension – 180 days

    1. The time limit established under subsection 3(2) of the Recovery of Overpayments Made to Former Members of Parliament Regulations is extended by 180 days or to December 31, 2020 if that day occurs before the day on which the 180-day extension ends.

    Coming into Force

    March 13, 2020

    1. This Order is deemed to have come into force on March 13, 2020.
  • Order Extending a Time Limit Established by the Pension Benefits Division Act (COVID-19)

    The President of the Treasury Board, pursuant to subsection 7(1) of the Time Limits and Other Periods Act (COVID-19)Footnote a, makes the annexed Order Extending a Time Limit Established by the Pension Benefits Division Act (COVID-19).

    Ottawa, September 23, 2020

    President of the Treasury Board
    Jean-Yves Duclos

    Extension of 180 days

    1. The time limit of 60 days established by subsection 6(1) of the Pension Benefits Division Act is extended by 180 days or to December 31, 2020, if that day occurs before the day on which the 180-day extension ends.
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