Governor General's Act ( R.S. 1985, c. G-9 )
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/G-9/text.html
Updated to April 30, 2001
Subject: Parliament, the Crown and Elections


Governor General's Act

CHAPTER G-9

An Act respecting the Governor General

SHORT TITLE

Short title

1. This Act may be cited as the Governor General's Act.

R.S., c. G-14, s. 1.

PART I
OFFICE OF GOVERNOR GENERAL

Corporation sole

2. The Governor General of Canada or other chief executive officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign, by whatever title designated, is a corporation sole.

R.S., c. G-14, s. 2.

Instruments taken to Governor General

3. (1) All bonds, recognizances and other instruments by law required to be taken to the Governor General in his public capacity shall be taken to the Governor General by his name of office.

Suit and recovery

(2) The instruments referred to in subsection (1) may be sued for and recovered by the Governor General by his name of office.

Not to vest in personal representatives

(3) The instruments referred to in subsection (1) shall in no case go to or vest in the personal representatives of the Governor General, chief executive officer or administrator of the Government in whose name they were taken.

R.S., c. G-14, s. 3.

Salary

4. (1) There shall be payable to the Governor General for the twelve month period beginning on January 1, 1989 a salary of eighty-three thousand eight hundred dollars.

Second charge on C.R.F.

(2) The salary of the Governor General is payable out of the Consolidated Revenue Fund, and forms the second charge thereon.

R.S., 1985, c. G-9, s. 4; R.S., 1985, c. 50 (1st Supp.), s. 1; 1990, c. 5, s. 1.

Annual adjustment of salary

4.1 (1) For the twelve month period beginning on January 1, 1990 and for each twelve month period thereafter, the salary of the Governor General shall be the amount obtained by multiplying

(a) that salary for the twelve month period immediately preceding the twelve month period in respect of which the salary is to be determined

by

(b) the lesser of one hundred and seven per cent and the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year.

Meaning of certain expressions

(2) For the purposes of subsection (1),

(a) in relation to any twelve month period in respect of which the salary of the Governor General is to be determined, the "first adjustment year" is the most recent twelve month period for which the Industrial Aggregate is available on the first day of the period in respect of which the salary is to be determined, and the "second adjustment year" is the twelve month period immediately preceding the first adjustment year; and

(b) the "Industrial Aggregate" for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act.

Rounding of amounts and prorating

(3) A salary determined pursuant to subsection (1) that is not a multiple of one hundred dollars shall be rounded to the closest multiple of one hundred dollars that is lower than the salary so determined and the salary so determined shall be prorated for any period that is less than one year.

Salary for 1993, 1994, 1995 and 1996

(4) Notwithstanding subsection (1), for each of the twelve month periods beginning on January 1, 1993, January 1, 1994, January 1, 1995 and January 1, 1996, the salary of the Governor General is the same as the salary payable to the Governor General for the twelve month period beginning on January 1, 1992.

Salary for 1997

(5) For the purposes of calculating a salary under subsection (1) for the twelve month period beginning on January 1, 1997, the salary payable for the twelve month period immediately preceding that twelve month period shall be deemed to be the salary payable under subsection (4).

1990, c. 5, s. 2; 1993, c. 13, s. 9; 1994, c. 18, s. 8.

PART II
GOVERNOR GENERAL'S RETIRING ANNUITY

Definition of "survivor"

4.2 For the purposes of this Part, "survivor" means

(a) a person who was married

(i) to a Governor General or former Governor General immediately before the death of the Governor General or former Governor General, and

(ii) in the case of a former Governor General, to him or her immediately before the time when he or she ceased to be a Governor General; or

(b) a person who establishes that the person was cohabiting in a relationship of a conjugal nature

(i) with a Governor General or former Governor General for a period of at least one year immediately before the death of the Governor General or former Governor General, and

(ii) in the case of a former Governor General, with him or her immediately before he or she ceased to be a Governor General.

2000, c. 12, s. 127.

Status of males and females

5. Males and females have equality of status and equal rights and obligations under this Part.

1974-75-76, c. 81, s. 95.

Annuity

6. (1) Where a Governor General ceases to hold office as such, there shall be paid to him an annuity equal to the aggregate of

(a) one-third of the salary annexed to the office of Governor General on March 1, 1967; and

(b) such amount, in addition to the amount determined under paragraph (a), as would be paid to him as a supplementary retirement benefit under the Supplementary Retirement Benefits Act in the year in which he ceases to hold office if that benefit were calculated on the basis that he had ceased to hold office on January 1, 1952.

Duration of annuity

(2) An annuity payable under this section shall commence on the day the annuitant ceases to hold the office of Governor General and shall continue thereafter during his life.

R.S., 1985, c. G-9, s. 6; R.S., 1985, c. 50 (1st Supp.), s. 2.

Annuity to surviving spouse of annuitant

7. (1) Where a person who is in receipt of an annuity under section 6 dies, there shall be paid to the surviving spouse of that person, if the surviving spouse was the spouse of that person at the time that person ceased to hold the office of Governor General, an annuity equal to one-half of the annuity that was being paid to that person.

Annuity to surviving spouse of Governor General

(2) Where a Governor General dies while holding office as such, there shall be paid to the surviving spouse of the Governor General an annuity equal to one-half of the annuity that would have been paid to the Governor General if he had retired on the day on which he died.

Duration of annuity to surviving spouse

(3) An annuity payable to a surviving spouse under this section shall commence immediately after the death of that person's spouse and shall continue thereafter during the life of the surviving spouse.

R.S., c. G-15, s. 3; 1974-75-76, c. 81, s. 97.

Widows of former Governors General

8. (1) There shall be paid to the widow of a person who before March 10, 1967 ceased to hold the office of Governor General of Canada and died, if she was his wife at the time he ceased to hold that office, an annuity equal to one-sixth of the salary annexed to the office of Governor General on March 10, 1967.

Duration of annuities

(2) An annuity payable under subsection (1) shall commence on March 10, 1967 and shall continue thereafter during the life of the annuitant.

R.S., c. G-15, s. 4.

Payment of annuities

9. An annuity payable under this Part shall be paid out of the Consolidated Revenue Fund by monthly instalments, and for any period less than a month shall be paid pro rata.

R.S., c. G-15, s. 5.

Payment not affected by other benefits

10. The payment of an annuity under this Part shall not affect or be affected by the payment of any pension, annuity or other benefit under any other Act of Parliament.

R.S., c. G-15, s. 6.

Diversion of payments to satisfy financial support order

11. (1) When any court in Canada of competent jurisdiction has made an order requiring a person in receipt of an annuity under subsection 6(1) to pay financial support, amounts payable to the annuitant under that subsection are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

Payment deemed to be to annuitant

(2) For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the annuitant in respect of whom the payment was made.

R.S., 1985, c. G-9, s. 11; 2000, c. 12, s. 129.

AMENDMENT NOT IN FORCE

-- 2000, c. 12, s. 128:

128. Sections 7 and 8 of the Act are replaced by the following:

Annuity to survivor of annuitant

7. (1) When a former Governor General who is in receipt of an annuity under section 6 dies, an annuity equal to one-half of the annuity shall be paid to his or her survivor.

Annuity to survivor of Governor General

(2) When a Governor General dies while holding office, his or her survivor shall be paid an annuity equal to one-half of the annuity that would have been paid if the Governor General had retired on the day on which he or she died.

Duration of annuity to survivor

(3) An annuity payable to a survivor under this section shall commence immediately after the death of the Governor General or former Governor General and shall continue during the life of the survivor.

Apportionment when two survivors

(4) When an annuity is payable under this section and there are two survivors, the total amount of the annuity shall be apportioned so that

(a) the survivor referred to in paragraph 4.2(a) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; and

(b) the survivor referred to in paragraph 4.2(b) receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the annuitant while the annuitant was Governor General is of the number of years that the annuitant was Governor General.

Years

(5) In determining a number of years for the purpose of paragraph (4)(b), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

Election for former Governor General

8. (1) If the person to whom a former Governor General is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an annuity under section 7 in the event of the former Governor General's death, the former Governor General may make an election, in accordance with the regulations, to reduce the amount of the annuity to which he or she is entitled in order that the person could become entitled to an annuity under subsection (2).

Payment

(2) A person referred to in subsection (1) is entitled to an annuity in an amount determined in accordance with the election and the regulations if the former Governor General dies and the election is not revoked or deemed to have been revoked, and the person was married to the former Governor General at the time of his or her death, or was cohabiting with the former Governor General in a relationship of a conjugal nature for a period of at least one year immediately before his or her death.

Regulations

(3) The Governor in Council may make regulations respecting

(a) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked;

(b) the reduction to be made in the amount of a former Governor General's pension when an election is made;

(c) the amount of the annuity to be paid under subsection (2); and

(d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

RELATED PROVISIONS

-- R.S., 1985, c. 50 (1st Supp.), s. 8:

Where person ceased to hold office between April 1, 1985 and date of Royal Assent to this Act

"8. (1) For greater certainty, where a person ceased to hold office as lieutenant governor or as judge in the period commencing on April 1, 1985 and ending on the day preceding the day on which this Act is assented to,

(a) that person shall be paid the retroactive salary increment resulting from section 3 or 4 in respect of the period commencing on April 1, 1985 and ending on the day on which the person ceased to hold office;

(b) in the case of a lieutenant governor, any retroactive salary increment paid to the lieutenant governor pursuant to paragraph (a) shall, for the purposes of subsection 3(2) of the Lieutenant Governors Superannuation Act, be deemed to have been received by that person during the person's term of office; and

(c) in the case of a judge, any annuity granted to or in respect of that judge is increased, as of the day it was granted, to reflect the higher salary annexed to the office held by the judge on the day on which the judge ceased to hold office.

Where person deceased

(2) Where a person to whom a retroactive salary increment or a retroactive pension or annuity increment would be payable as a result of subsection (1) is deceased, that retroactive increment shall be paid as a death benefit to that person's estate or, if less than one thousand dollars, as may be directed by the Secretary of State of Canada (in the case of a lieutenant governor) or the Minister of Justice (in the case of a judge).

Application of section

(3) This section, except paragraphs (1)(b) and (c), applies, with such modifications as the circumstances require, in respect of the office of Governor General of Canada."

-- 1990, c. 5, s. 3:

Transitional: where Governor General ceased to hold office between January 1, 1989 and date this Act is assented to

"3. (1) For greater certainty, where a person ceased to hold office as Governor General in the period beginning on January 1, 1989 and ending on the day preceding the day on which this Act is assented to,

(a) that person shall be paid the retroactive salary increment resulting from sections 1 and 2 in respect of the period beginning on January 1, 1989 and ending on the day on which the person ceased to hold office; and

(b) any retroactive salary increment paid pursuant to paragraph (a) shall, for the purposes of subsection 6(1) of the Governor General's Act, be deemed to have been received by that person during the person's term of office.

Where person deceased

(2) Where the person to whom a retroactive salary increment or a retroactive annuity increment would be payable as a result of subsection (1) is deceased, that retroactive increment shall be paid as a death benefit to that person's estate."