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)
- Order Respecting Time Limits Established by or Under the Public Service Superannuation Act (COVID‑19)
- Order Respecting Time Limits Established by the Diplomatic Service (Special) Superannuation Act (COVID-19)
- Order Respecting Time Limits Established by or Under the Lieutenant Governors Superannuation Act (COVID-19)
- Order Respecting Time Limits Established by or Under the Members of Parliament Retiring Allowances Act (COVID-19)
- Order Extending a Time Limit Established by the Pension Benefits Division Act (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.
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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 DuclosExtension
Extension of time limit
- 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
- This Order is deemed to have come into force on March 13, 2020.
Schedule
(Section 1)Extended Time Limits
Part 1
Public Service Superannuation ActItem Column 1
ProvisionColumn 2
Time Limit Being Extended1 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 RegulationsItem Column 1
ProvisionColumn 2
Time Limit Being Extended1 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 RegulationsItem Column 1
ProvisionColumn 2
Time Limit Being Extended1 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 RegulationsItem Column 1
ProvisionColumn 2
Time Limit Being Extended1 subsection 4(1) 1 year Part 5
Supplementary Death Benefit RegulationsItem Column 1
ProvisionColumn 2
Time Limit Being Extended1 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 RegulationsItem Column 1
ProvisionColumn 2
Time Limit Being Extended1 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 DuclosExtension
Extension – 180 days
- 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
- This Order is deemed to have come into force on March 13, 2020.
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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 DuclosExtensions
Lieutenant Governors Superannuation Act
Extension – 180 days
- 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
- 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
- This Order is deemed to have come into force on March 13, 2020.
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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 DuclosExtensions
Members of Parliament Retiring Allowances Act
Extension – 180 days
- 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
- 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
- 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
- This Order is deemed to have come into force on March 13, 2020.
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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 DuclosExtension of 180 days
- 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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