of such requisition, cause an enquiry to be made into the circumstances which occasioned the calling out of the militia or any part thereof, and shall send a report upon such circumstances to the Secretary of State. "87. (1) The officers and men of such Active Militia when so called out, shall, without any further authority or appointment, and without 'taking oath of office, be held to have and may exercise, in addition to their military powers and duties, all the powers and duties of special constables, so long as they remain so called out, but they shall act only as a military body, and shall be individually liable to obey the orders of their military superior officer. (2) Every officer and man of the Active Militia, at all times and while so called out, shall obey the orders of his military superior officer. "88. The Active Militia when so called out shall remain on duty in such strength as the District Officer Commanding or other officer who has called them out deems necessary, or shall order, until notification is received from the authority which made the requisition for calling out the active militia that their services are no longer required in aid of the civil power, and the said District Officer Commanding or other officer may from time to time as in his opinion the exigencies of the case require increase or diminish the number of officers and men called out. "89. (1) All expenses and costs incurred by His Majesty by reason of any of the militia being so called out in aid of the civil power, shall be paid to His Majesty by the province of which the Attorney General made the requisition requiring them to be so called out. "(2) His Majesty may retain from any annual grant payable by Canada to such province and under the control of the Parliament of Canada, any unpaid balance of moneys due to His Majesty by such province under the provisions of this section. "90. Such moneys as are required to meet the expense and costs occasioned by the calling out of the militia as hereinbefore provided and for their services shall, pending payment by the province, be advanced in the first instance out of the Consolidated Revenue Fund by the authority of the Governor in Council, but shall be payable by and recoverable from the province to and by His Majesty as moneys paid by the latter to and for the use of the province at the request of the latter." Assented to July 19, 1924. Pensions of Public Servants Chapter 69-1. This Act may be cited as the Civil Service Superannuation Act, 1924. 2. In this Act, unless the context otherwise requires, (a) "child" includes a step-child and an adopted child; (b) "civil servant" means and includes any permanent officer, clerk, or employee in the Civil Service as herein defined, 66 (1) who is in receipt of a stated annual salary of at least six hundred dollars; (c) Civil Service' means and includes the several positions in or under any department, branch, or portion of the executive government of Canada and, for the purposes of this Act, the Senate. House of Commons and Library of Parliament, but saving all rights and privileges of either House in respect of the control or removal of its officers, clerks and employees; and such other branches or portions of the public service of Canada as the Governor in Council from time to time designates under the provisions of section eleven of this Act; (d) "contributor" means a civil servant who contributes under this Act to the Consolidated Revenue Fund; (e) dependent" of a contributor means and includes the father, mother, brother, sister and child of a contributor who is at the date of death of the contributor dependent upon the contributor for support; (f) "Head of the Department" and "deputy head" shall have the same meanings as these expressions have respectively under the Civil Service Act, 1918, and shall include for any portion of the Civil Service to which these expressions as defined in the said Act do not extend, such officers of the Crown as the Governor in Council may respectively designate: (g) Minister" means the Minister of Finance; (h) "permanent officer, clerk, or employee" means a person who is appointed during pleasure to perform the duties of an office or position of continuing indeterminate duration by Act of Parliament or by order of the Governor in Council in the competent exercise of subsisting executive powers in that behalf, or under and in pursuance of authority in that behalf conferred upon an officer or agent of the Crown by Act of Parliament or by Order of the Governor in Council as aforesaid; and in the case of any officer, clerk or employee of the Senate or House of Commons or of the Library of Parliament, a person who has been or is appointed as aforesaid, or by or under resolution, order or other authorization of the Senate, House of Commons, or both Houses of Parliament jointly, as the case may be, to perform such duties as aforesaid or duties from year to year during or having relation to the sessions of Parliament; (i) "Retirement Act" means Part II of the Civil Service Superannuation and Retirement Act; (5) "Retirement Fund" means the Retirement Fund created by the Retirement Act; (k) "salary" of a contributor means the regular salary paid in respect of his service, together with the value of living and residential allowances but does not include allowance or payment for overtime or other extra allowance or pay or any gratuity; (1) "service", for the purpose of computation of any allowance under this Act, shall include service rendered by a civil servant in a temporary capacity, except as hereinafter provided; (m) "Superannuation Act" means Part I of the Civil Service Superannuation and Retirement Act. PART I 3. This Part applies to every civil servant appointed after the date of the coming into force of this Act, and to such other civil servants as elect under the provisions of any of the other Parts of this Act to become contributors. 4. Every person to whom this Part applies shall, by reservation from his salary, contribute five per cent of such salary to the Consolidated Revenue Fund, but no such contribution shall be made in respect of a period of service in excess of thirty-five years. 5. The Governor in Council may grant (a) to any contributor who has served in the Civil Service for ten years or upwards and (i) who has attained the age of sixty-five years, an annual superannuation allowance to the amount specified in section six of this Act; or (ii) who before attaining the age of sixty-five years becomes disabled or otherwise incapable of performing the duties of his office, or who retires from the Civil Service by reason of the abolition of his office, an annual retiring allowance equal to the superannuation allowance to which he would have been entitled if he had attained the age of sixty-five years at the date of such disability or retirement; or (iii) who for any reason other than misconduct or those hereinbefore specified retires from the Civil Service, a withdrawal allowance payable in one sum equal to the total amount of his contibutions made under this Act without interest; (b) to the widow of any contributor who dies while in the Civil Service or while in receipt of à superannuation or retiring allowance under this Act, an annual allowance payable until re-marriage, equal to one-half the allowance which the said contributor was receiving or would have been entitled to if he had been superannuated or retired at the date of his death, as the case may be; (c) to each child of any contributor who dies while in the Civil Service or while in receipt of a superannuation or retiring allowance under this Act, an annual allowance payable until the said child reaches the age of eighteen years, equal to ten per cent of the allowance which the said contributor was rceiving or would have been entitled to if he had been superannuated or retired at the date of his death. as the case may be, such child's allowance not, however, to exceed three hundred dollars per annum; provided that the total allowance to the children of any contributor shall not exceed the allowance to the widow and the total allowance to the widow and children shall not exceed three-fourths of the allowance which the contributor received or would have been entitld to, as the case may be; provided further that the allowance to a child who has lost both parents by death may be increased by the Governor in Council to twice the amount hereinbefore specified as the child's allowance. 6. (1) Except as hereinafter otherwise provided the superannuation allowance mentioned in the next preceding section shall be one-fiftieth of the average salary received by the contributor during the last ten years of his service multiplied by the number of years of his service, not, however, exceeding thirty-five years. (2) If the service of the contributor has not been continuous the period or periods during which such service has been discontinued shall not be counted in computing the allowance; provided, however, that absence on active service in the Great War, whether with or without leave of absence, shall not be deemed a discontinuance of service. 90855-21 7. (1) It a contributor becomes disabled or otherwise incapable of performing the duties of his office, or if his office is abolished, and if he is ineligible by reason of age or length of service for a superannuation or retiring allowance under this Act, the Governor in Council may grant him a gratuity not exceeding one month's pay for each year of his service; or, if he is required to retire on marriage, a gratuity not exceeding the amount of his contributions made under this Act without interest. (2) If a contributor dies while in the Civil Service, and if his period of service is less than ten years, the Governor in Council may grant to his widow, or, if he leaves no widow, to his children under eighteen years of age at the date of his death, a gratuity not exceeding one month's pay for each year of his service. (3) If a contributor dies while in the Civil Service and leaves no widow and no child under the age of eighteen years, the Governor in Council may grant to the dependents of the contributor, in accordance with regulations made by the Governor in Council under the provisions of section eleven of this Act, an amount not exceeding the amount of the contributions made by the contributor under the provisions of this Act without interest. 8. The annual allowances hereinbefore provided for shall, unless otherwise provided by regulation made in pursuance of the provisions of this Act, be payable in equal monthly instalments and, unless otherwise herein specified, shall continue during the lifetime of the recipient. 9. (1) No allowance shall be granted to a contributor under this Act unless the Treasury Board reports that he is eligible within the meaning of this Act, and no superannuation or retiring allowance shall be granted unless the Treasury Board, on the advice of the Civil Service Commission, reports in addition that the granting of such allowance will be in the public interest. (2) No allowance shall be granted to the widow or any child of a contributor (a) if the person to whom it is proposed to grant the allowance is, in the opinion of the Treasury Board, unworthy of it; or, (b) if the contributor married after superannuation or retirement; or, (c) if the contributor was over sixty years of age at the time of his marriage contracted after the coming into force of this Act; (d) if the contributor dies within one year after his marriage, unless the Treasury Board is satisfied that he was in good health at the time of his marriage and that there are no other objections to the granting of the allowance. Provided, however, that a breach by the contributor of the conditions as to marriage prescribed by this subsection shall not prejudice the right to an allowance of a child of an earlier marriage of the contributor. (3) If a contributor marries after the coming into force of this Act and if his age exceeds that of his wife by twenty years or upwards, the allowance to such wife under this Act shall be reduced by such an amount as the Governor in Council may by regulation prescribe. (4) A widow's or a child's allowance shall be suspended or discontinued if, in the opinion of the Treasury Board, such widow or child becomes unworthy of it. 10. (1) Retirement from the Civil Service shall be compulsory on every contributor to whom the superannuation or retirement allowance is offered, but such offer shall not be considered as implying any censure on the person to whom it is made, nor shall any person be considered as having a right to such an allowance, but it shall be granted only in consideration of good and faithful service during the period in respect of which it is calculated. (2) No contributor shall be retained in the Civil Service beyond the age of seventy years: Provided, however, that if the deputy head of any department reports, within three months after the coming into force of this Act, in respect of any contributor in such department who, whether before or after the coming into force of this Act, attains the age of seventy years, or not less than thirty days before the attainment of the said age by any contributor, that on account of his peculiar efficiency and fitness for his position the continuance in office of such contributor beyond the said age is in the public interest, and if such report is concurred in by the head of the department and the Treasury Board, the Governor in Council may extend annually the service of such contributor beyond the said age for a period not exceeding five years. If the said contributor be himself a deputy head, the report herein required of the deputy head shall be made by the head of the department. (3) Nothing herein contained shall be understood as impairing or affecting the right of the Governor in Council to dismiss or remove any contributor from the Civil Service, and on such dismissal or removal the Governor in Council may, on the recommendation of the Treasury Board, pay to the contributor the whole or any part of his contributions under this Act as may be deemed expedient. 11. The Governor in Council may make regulations, (a) prescribing the method of computation of superannuation and retiring allowances authorized by this Act; (b) prescribing the cases in which the annual allowances herein provided for shall be payable otherwise than in monthly instalments; (c) prescribing the nature and form of the accounts to be kept of income and disbursements under this Act, and of the statement to be laid before Parliament by the Minister; (d) prescribing and determining, in any case of doubt, to what persons in any branch or portion of the Civil Service the provisions of this Act do or do not apply and the conditions on which, and the manner in which they shall apply in any case or class of cases; (e) prescribing the basis for the computation of instalments of contributions made under any other Part of this Act; (f) for any other purpose deemed necessary to give effect to the terms of this Act. 12. The moneys received under the provisions of this Act shall form part of the Consolidated Revenue Fund, and the moneys payable under the said provisions shall be payable out of the said Consolidated Revenue Fund. 13. Every civil servant to whom this Part is or becomes applicable, shall be entitled, in making a return of his income for purposes of taxation on or in respect of income under any Act of the Parliament of Canada, to deduct from his salary the amount of the contribution reserved from his salary during the taxable year and paid into the Consolidated Revenue Fund under the provisions of this Part. 14. The Minister shall lay before Parliament within fifteen days after the commencement of each session thereof (a) a statement of all superannuation and retiring and withdrawal allowances granted during the last fiscal year under the terms of this Act, giving the name and rank of each person superannuated or retired, his salary, age and length of service, the allowance granted to him on retirement, the cause of his superannuation and whether the vacancy has been subsequently filled, and if so, whether by promotion or by new appointment, and the salary of the new incumbent; (b) a statement of all allowances granted to widows, children or other dependents of civil servants under this Act during the said year, showing the name, age and sex of each person to whom any such allowance has been granted; and the name, age at death, salary and length of service of the civil servant to whose widow, children or other dependents such allowance or allowances have been granted; (c) a statement showing the amount received as contributions and the amount paid as allowances during the said year under this Act together with such further information as may be prescribed by the Governor in Council by regulation made under this Act. PART II. 15. This Part applies to civil servants who at the date of the coming into force of this Act are subject to the provisions of the Retirement Act. 16. Any such civil servant may at his option, within one year after the date of the coming into force of this Act, elect to become a contributor under this Act and in the event of his so electing there shall be transferred to the Fund created under this Act the amount standing to his credit in the Retirement Fund, which amount shall thereupon be deemed to be a contribution under this Act, and such contributor shall, as from the date of such election, be deemed to have waived his right to any payment or benefit under the provisions of the Retirement Act and shall be subject to the provisions of, and entitled to all the benefits and privileges under, Part I of this Act to the same extent as if he had been appointed after the date of the coming into force of this Act and had been a contributor for the period in respect of which he contributed to the Retirement Fund. Provided, however, that in computing the superannuation allowance of any such contributor, the average salary shall be based upon the salary received by the contributor during the last five years of his service. 17. (1) If the said contributor has not contributed to the Retirement Fund in respect of his entire period of service, including any service rendered by him in a temporary capacity, prior to the time of his election under the provisions of the next preceding section, the period in respect of which he did not so contribute shall be counted only to the extent of one-half in computing allowances under this Act in respect of his service, unless, subject to the provisions of section four of this Act, the said contributor at the time of his said election pays into the Consolidated Revenue Fund an amount equal to five per cent of the total salary received by him during the said period, with simple interest at the rate of four per cent per annum, in which event the entire period of service of the said contributor shall be counted in computing allowances in respect of his service under this Act. (2) Any payment made under this section shall be deemed to be a contribution under this Act and shall be made in one sum or in instalments of equivalent value computed on such bases as to mortality and interest as the Governor in Council may by regulation prescribe. 18. The Governor in Council may within two years from the date of the coming into force of this Act, provide for the retirement of the present Clerk of the House of Commons and may grant to him on retirement an annual allowance payable throughout life of two thousand five hundred dollars. PART III. 19. This Part applies to civil servants who at the date of the coming into force of this Act are subject to the provisions of the Superannuation Act. 20. (1) Any such civil servant may at his option within one year after the date of the coming into force of this Act, elect to become a contributor under this Act and in the event of his so electing the said contributor shall, as from the date of such election, be deemed to have waived his right to any payment or benefit under the Superannuation Act, and, ecept as hereinafter provided, shall be subject to the provisions of, and entitled to all the benefits and privileges under, Part I of this Act to the same extent as if he had been appointed after the date of the coming into force of this Act and had been a contributor for the period in respect of which he contributed under the Superannuation Act. (2) In computing the allowance of the widow, child or other dependents of any such contributor under this Act, the period of service during which he contributed under the Superannuation Act prior to the date of his election as aforesaid shall be counted only to the extent of one-half unless the said contributor at the time of his election pays into the Consolidated Revenue Fund an amount equal to the difference between five per cent of the total salary received by him during such service and the amount actually contributed by him in respect of such service under the Superannuation Act, with simple interest at the rate of four per cent per annum, in which event the said period of service shall be counted in full in computing the said allowances. (3) If for any period of his service, including service rendered by him in a temporary capacity, prior to the date of his election as aforesaid any such contributor did not contribute under the Superannuation Act, the said period shall be counted only to the extent of one-half in computing all allowances under this Act, unless, subject to the provisions of section four of this Act, the said contributor at the time of his election as aforesaid pays into the Consolidated Revenue Fund an amount equal to five per cent of the total salary received by him during such period, with simple interest at the rate of four per cent per annum, in which event such period shall be counted in full in computing the said allowances. (4) The superannuation or retiring allowance of any person to whom this Part applies shall not be less than the allowance to which he would have been entitled if he had continued to be subject to the Superannuation Act and had not elected to become a contributor under this Act. (5) Any payment made under the provisions of subsections two or three of this section shall be deemed to be a contribution under this Act, and shall be made in one sum or in instalments of equivalent value computed on such bases as to mortality and interest as the Governor in Council may by regulation prescribe. PART IV. 21. This Part applies to civil servants who at the date of the coming into force of this Act are not subject to the provisions of the Retirement Act or the Superannuation Act. 22. (1) Any such civil servant may, within one year from the date of the coming into force of this Act, elect to become a contributor under this Act and in the event of his so electing, the said contributor shall, as from the date of such election, except as hereinafter provided, be subject to the provisions of, and entitled to all the benefits and privileges under Part I of this Act to the same extent as if he had been appointed after the coming into force of this Act and had been a contributor for his period of service prior to the date of such election. Provided, however, that in computing the superannuation allowance of any such contributor, the average salary shall be based upon the salary received by the contributor during the last five years of his service. (2) In computing allowances under this Act in respect of such contributor the period of his service prior to the date of his election as aforesaid shall be counted only to the extent of one-half, unless, subject to the provisions of section four of this Act, at the time of such election he pays into the Consolidated Revenue Fund an amount equal to five per cent of the total salary received by him in respect of such service, with simple interest at the rate of four per cent per annum, in which event the said period shall be counted in full in computing the said allowances. (3) Any payment made under the provisions of the next preceding subsection shall be deemed to be a contribution under this Act, and shall be made in one sum or in instalments of equivalent value computed on such bases as to mortality and interest as the Governor in Council may by regulation prescribe. PART V. 23. Every employee of the Civil Service who, at the date of the coming into force of this Act, occupies a position which is subject to the provisions of the Civil Service Act, or which would be so subject but for an Order in Council made under the authority of |