Appointment of Expropriations Advisory Officer
3(1)There shall be an Expropriations Advisory Officer who shall be appointed by the Lieutenant-Governor in Council.
3(2)Repealed: 1979, c.20, s.1
Period of appointment, salary
3(2.1)The Officer shall hold office during the period specified in the appointment and shall be paid an annual salary which the Lieutenant-Governor in Council shall determine.
3(2.2)Repealed: 1983, c.31, s.2
3(2.3)Repealed: 1983, c.31, s.2
3(2.4)Repealed: 1979, c.20, s.1
Application of
Public Service Superannuation Act
3(2.5)The
Public Service Superannuation Act applies to an Officer who immediately prior to the coming into force of this subsection was chairman of the Expropriations Advisory Board.
3(2.6)Repealed: 1983, c.31, s.2
3(2.7)Notwithstanding subsection (2.5), an Officer who, immediately prior to the coming into force of this subsection, was chairman of the Expropriations Advisory Board is entitled to elect to receive, in lieu of benefits under subsection (2.5), a pension equal to the annuity payable to a Provincial Court judge under the
Provincial Court Act if he or she has served an aggregate of at least ten years as Officer and chairman of the Expropriations Advisory Board and has attained the age of at least sixty-five years at the time of his or her resignation.
Death of Officer with right to elect pension
3(2.8)Where an Officer who has a right to elect a pension under subsection (2.7) dies,
(a)
his or her surviving spouse or surviving common-law partner, or
(b)
if there is no surviving spouse or surviving common-law partner, the guardian of any child or children under the age of eighteen years,
may elect, within sixty days of being notified of the right of election, to receive a pension equal to the annuity payable under subsection 15(4) or (6), as the case may be, of the
Provincial Court Act, in lieu of benefits under the
Public Service Superannuation Act.
Death of Officer in receipt of pension
3(2.9)Where an Officer who is in receipt of a pension and benefits under subsection (2.7) dies, his or her surviving spouse, surviving common-law partner or children are entitled to a pension equal to an annuity provided under subsection 15(4) or (6) of the
Provincial Court Act, as the case may be,
mutatis mutandis.
Rules regarding election of pension
3(2.91)Where a person elects pursuant to this section to receive a pension in lieu of a pension and benefits under the
Public Service Superannuation Act, any existing liability to the Officer or his or her spouse, common-law partner, children or estate under the
Public Service Superannuation Act shall be recognized by paying out of the fund referred to in the
Public Service Superannuation Act as the Superannuation Account and into the fund referred to in subsection 15(7) of the
Provincial Court Act, to the credit of the Officer, an amount equal to his or her contributions to the Superannuation Account plus interest thereon less the amount of any benefits received by him or her from the Superannuation Account.
Rules regarding election of pension
3(2.92)A payment made in accordance with subsection (2.91)
(a)
shall constitute complete satisfaction of the existing liability under the
Public Service Superannuation Act to the Officer on whose behalf and on whose credit the payment is made and shall extinguish all rights and claims which the Officer or his or her spouse, common-law partner, children or estate may have to, in and against the Superannuation Account; and
(b)
shall not create in or for the Officer on whose behalf and to whose credit the payment is made, or his or her surviving spouse, surviving common-law partner, children or estate, any interest, right or entitlement in addition to those interests, rights or entitlements created by or under the
Provincial Court Act.
3(3)Repealed: 1983, c.31, s.2
3(4)Repealed: 1983, c.31, s.2
3(5)Repealed: 1983, c.31, s.2
3(6)Repealed: 1983, c.31, s.2
3(7)In the event of the inability of the Officer to act due to illness, absence, vacation or any other reason, the Lieutenant-Governor in Council may appoint another person to act on behalf of the Officer during the period he is unable to act and during such period that person has all the powers of the Officer.
3(8)Repealed: 1983, c.31, s.2
Re-appointment of Officer
3(9)An Officer may be reappointed.
3(10)Repealed: 1983, c.31, s.2 1973, c.6, s.3; 1974, c.13 (Supp.), s.1; 1978, c.18, s.1.1; 1979, c.20, s.1; 1982, c.23, s.1; 1983, c.31, s.2; 2008, c.45, s.4