Persons entering the service after the usual time 2. The Governor in Council may, in the case of any person who entered the Civil Service after the age of forty years, as being possessed of some peculiar professional or other qualificaas having tions or attainments required for the office to which he was appeculiar or professional pointed, and not ordinarily to be acquired in the public service, qualifications. add to the actual number of years service of such person, such further number not exceeding ten, as may be considered equitable, for reasons stated in the Order in Council made in the case; and such additional number of year- shall be taken as part of the term of service on which the superannuation allowance of such person shall be computed, the Order in Council in any such case being laid before Parliament, at its then or then next Session. Abatement on salaries towards such allow ances. By 38 V., c. 9, sec. 1, the word "thirty" is substituted for the word "forty" in the second line of this section. 3. Towards making good the superannuation allowances herein before mentioned, an abatement shall be made from the making good salary of each person in the Civil Service to whom this Act will apply, at the rate of four per cent. per annum on such salary, if it be six hundred dollars or upwards, and of two-anda-half per cent. per annum thereon, if it be less than Six hundred dollars, and the sum so deducted shall form part of the Consolidated Revenue Fund'; but such abatement shall be made only during the first thirty-five years of service. Diminution of allowance to persons paid the abatement during less than ten years. By 36 V., c. 32, sec, 1, the above section is amended, substituting "two per cent." for "four per cent.," and "one-anda-quarter per cent." for "two-and-a-half per cent.," where they occur. 4. The full superannuation allowance aforesaid shall only be granted to persons who have been subject to the said abatement who have not during ten years or upwards; the superannuation allowance of any person who has not paid it, or has paid it for a less period, being subject to a diminution of one twentieth for every year less than ten during which he has not paid it, except that, in the case of any person retiring within three years after the passing of this Act, such diminution shall not exceed twenty per cent. of the allowance which might otherwise be granted to him, with power to the Governor in Council to reduce it to any amount not less than ten per cent. Exception. And except also that the superannuation allowance of any person hereafter retiring, shall not be subject to any such diminution by reason of his not having paid the abatement hereinbefore mentioned, during any year or years after his first thirty-five years of service. The above words were added to Section 4 by 36 V., c. 32, sec. 2, which also amended the same Section by substituting for the words “ a diminution of one-twentieth" the words “a diminution of one per cent.' ance. which granted, &c. 5. Retirement shall be compulsory on any person to whom Effect of the superannuation allowance herein before mentioned shall be offer of allowoffered, and such offer shall not be considered as implying any Conditions on censure upon the person to whom it is made; nor shall any person be considered as having any absolute right to such al- Right of lowance, but it shall be granted only in consideration of good removal and faithful service during the time upon which it is calculated, and nothing herein contained shall be understood as impairing or affecting the right of the Governor to dismiss or remove any person from the Civil Service. reserved. leaving the a retiring 6. If any person to whom the foregoing enactments apply, is Gratuity to constrained from any infirmity of mind or body to quit the persons Civil Service before the period at which a superannuation service before allowance might be granted him, the Governor in Council may they can have allow him a gratuity not exceeding one month's pay for each allowance. year of his service; and if any such person is so constrained to quit the service before such period, by reason of severe bodily injury received without his own fault in the discharge of his public duty, the Governor in Council may allow him a gratuity not exceeding three months' pay for every two years service, or a superannuation allowance not exceeding one-fifth of his average salary during the then last three years. By 33 V., c. 9, sec. 2, post, page 209, the following provision is to be added to and form part of this Section. "And if the Head of a Department reports with respect to any person employed in his Department, and about to be superannuated, from any cause other than that of ill health or age, that the service of such person has not been satisfactory, the Governor in Council may grant such person a superannuation allowance being less than that to which he would have otherwise been entitled, as to him may seem fit." 7. If any person to whom the foregoing enactments apply, is Provision for removed from office in consequence of the abolition thereof, in persons removed by order to the improvement of the organization of the depart- reason of ment to which he belongs, or otherwise to promote efficiency or abolition of office, &c. economy in the Civil Service, the Governor in Council may grant him such gratuity or superannuation allowance, as will fairly compensate him for his loss of office, not exceeding such as he would have been entitled to if he had retired in consequence of permanent infirmity of body or mind, after adding ten years to his actual term of service. ceiving allow 8. Any person receiving a superannuation allowance, and Persons under being under the age of sixty years, and not disabled by bodily 60, and reor mental infirmity shall be liable to be called upon to fill, in ance, шay be any part of Canada, any public office or situation for which his called upon to previous services render him eligible, and not lower in rank or emolument than that from which he retired; and if he refuse or neglect so to do, he shall forfeit his said allowance. serve again. To whom this Act shall apply. Power of Allowances, &c., how payable. Yearly return 9. The foregoing enactments shall apply to officers, clerks and other persons employed in any of the departments mentioned in the Canada Civil Service Act, 1868, and as well to persons employed at the seat of Government as in the outside service of the said departments, and to the permanent officers and servants of the Senate and House of Commons; who for the purposes of this Act shall be held to be the Civil Service of Canada, saving always all legal rights and privileges of either House, as respects the appointment or removal of its officers and servants, or any of them; and service in an established capacity in any of the public departments of the Government or offices of the Legislature of any of the Provinces now included in the Dominion of Canada, before the coming in force of the British North America Act, 1867, by any person who has thereafter entered the Civil Service of Canada, shall be reckoned in computing his period of service for the purposes of this Act and, in any case of doubt, the Governor in Council may, by general or special regulation, determine to what persons 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. 10. The allowances and gratuities granted under this Act, shall be payable out of the Consolidated Revenue Fund of Canada. 11. A statement of all allowances and gratuities granted to Parliament. under this Act, and of all moneys paid for the same, shall be laid before Parliament within the first fifteen days of the Session thereof next after such grant or payment. Preamble. S. 3 of 33 V., 36 VICT. CAP. 32. An Act to amend the Civil Service Superannuation ER Majesty, by and with the advice and consent of the follows: : 1. The third section of the Act passed in the thirty-third year c. 4, amended. of Her Majesty's reign, and intituled," An Act for better insuring the efficiency of the Civil Service of Canada, by providing for the Superannuation of persons employed therein, in certain cases,' is hereby amended by substituting the words "two per cent." for the words "four per cent.," and the words "one and a quarter per cent." for the words "two and a half per cent.," where they occur in the said section. 2. The fourth section of the said Act is hereby amended by Section 4 substituting for the words "a diminution of one twentieth," the amended. words "a diminution of one per cent.," and by inserting, at the end of the said section, the words, "and except also, that "the superannuation allowance of any person hereafter retiring, "shall not be subject to any such diminution by reason of his not having paid the abatement hereinbefore mentioned, during any year or years after his first thirty-five years of service." 38 VICT. CAP. 9. An Act further to amend the Civil Service Superannuation Act. HB [Assented to 8th April, 1875.] ER Majesty, by and with the advice and consent of the Preamble. follows: V., c. 4., 1. The second section of the Act passed in the thirty-third Sec. 2 of 33 year of Her Majesty's reign and intituled "An Act for better amended. ensuring the efficiency of the Civil Service of Canada by providing for the Superannuation of persons employed therein in certain cases," is hereby amended by substituting the word "thirty" in place of the word "forty" in the second line of the said second section. 2. The following provision shall be added to and form part of Provision the sixth Section of the said Act: added to s. 6. unsatisfactory service. "And if the Head of a Department reports with respect Reduced to any person employed in his Department, and about to be allowance for superannuated, from any cause other than that of ill health or age, that the service of such person has not been satisfactory, the Governor in Council may grant such person a superannuation allowance being less than that to which he would have otherwise been entitled, as to him may seem fit." 3. And whereas by an Act passed in the thirty-sixth year 36 V., c. 32, of Her Majesty's reign and intituled "An Act to amend the cited. Civil Service Superannuation Act," certain amendments were made to the Act firstly herein before mentioned by which the rules under which superannuation allowances are to be calculated under the Act firstly hereinbefore mentioned are amended, it is hereby further enacted: That all superannua- Superannuation allowances granted prior to the passing of the secondly tion allow above mentioned Act, shall be revised as if the same had been before the granted under the said Act, and that all payments falling due said Act to be on such superannuation allowances after the first day of July, according in the year 1875, shall be paid in accordance with the revised to it. amount of such allowances. ances granted revised TITLE V. PUBLIC DEPARTMENTS, REVENUE 1. FINANCE. Preamble. Department constituted. Its duties. Audit Branch. 32-33 VICT. CAP. 4. An Act respecting the Department of Finance. H lows: [Assented to 22nd June, 1869.] ER Majesty, by and with the advice and consent of the 1. There shall be a Department of the Civil Service of Canada, to be called "The Department of Finance," over which the Minister of Finance for the time being, appointed by the Governor by Commission under the Great Seal of the Dominion, shall preside; and the said Minister shall hold office during pleasure, and shall have the management and direction of the Department. 2. The Department of Finance shall have the supervision, control, and direction of all matters relating to the Financial Affairs and Public Accounts, Revenue and Expenditure of the Dominion, which are not, or in so far as they are not, by law, or by order of the Governor in Council, assigned to any other Department of the Civil Service, and such other duties as may from time to time be assigned to it by the Governor in Council. 3. The Auditor General and the Deputy Inspector General shall be officers of the Finance Department, and the Board of Audit shall (as by law provided) perform its duties under the supervision and direction of the Minister of Finance, and all officers and clerks of and in the Department of Finance shall respectively have and perform such duties as are or may be hereFurther dis after assigned to them by law, or by order of the Governor in Council, or by the Minister of Finance and such arrangements, and distribution or union of the various duties, functions and tribution of business may be made. : |