Vol. 146, No. 1 — January 4, 2012

Registration

SI/2011-118 January 4, 2012

MODERNIZATION OF BENEFITS AND OBLIGATIONS ACT

Order Fixing January 1, 2012 as the Day on which Certain Provisions of that Act Come into Force

P.C. 2011-1678 December 15, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 340(1) of the Modernization of Benefits and Obligations Act, chapter 12 of the Statutes of Canada, 2000, hereby fixes January 1, 2012 as the day on which sections 97, 128 and 174, subsections 175(2) and 176(1) and sections 177, 178, 180 to 186, 275, 277, 286 to 288 and 290 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Pursuant to subsection 340(1) of the Modernization of Benefits and Obligations Act, the Order fixes January 1, 2012, as the day on which sections 97, 128 and 174, subsections 175(2) and 176(1) and sections 177, 178, 180 to 186, 275, 277, 286 to 288 and 290 come into force

The Act extends benefits and obligations under some 68 federal statutes to all couples who have been cohabiting in a conjugal relationship for at least one year, in order to reflect values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms. The Act received Royal Assent on June 29, 2000, and the majority of its provisions are already in force.

The pension statutes and matters addressed by the provisions being brought into force are

  1. (a) the Defence Services Pension Continuation Act — election to reduce retirement pension to fund survivor pension for otherwise ineligible spouse or common-law partner, with related regulation-making authority;
  2. (b) the Governor General’s Act — apportionment of survivor pension where there are two survivors, and election to reduce retirement pension to fund survivor pension for otherwise ineligible spouse or common-law partner, with related regulation-making authority;
  3. (c) the Lieutenant Governors Superannuation Act — election to reduce retirement pension to fund survivor pension for otherwise ineligible spouse or common-law partner, with related regulation-making authority;
  4. (d) the Members of Parliament Retiring Allowances Act — repeal of definition “joint and survivor benefit,” and election to reduce retirement pension to fund survivor pension for otherwise ineligible spouse or common-law partner, with related regulation-making authority and transition provisions;
  5. (e) the Public Service Superannuation Act — election to reduce retirement pension to fund survivor pension for otherwise ineligible spouse or common-law partner, with related regulation-making authority;
  6. (f) the Royal Canadian Mounted Police Pension Continuation Act — election to reduce retirement pension to fund survivor pension for otherwise ineligible spouse or common-law partner, with related regulation-making authority and diversion provision; and
  7. (g) the Royal Canadian Mounted Police Superannuation Act — election to reduce retirement pension to fund survivor pension for otherwise ineligible spouse or common-law partner, with related regulation-making authority.

The provisions included in this Order were considered by the Parliament of Canada and stakeholders and members of the public were consulted during the parliamentary committee process. The provisions that are being brought into force provide for non-mandatory elections to reflect individual circumstances as necessary.