Legislative Assembly Retirement Allowances Act, R.S.O. 1990, c. L.11"

Legislative Assembly Retirement Allowances Act, R.S.O. 1990, c. L.11, Legislative Assembly Retirement Allowances Act

Legislative Assembly Retirement Allowances Act

R.S.O. 1990, CHAPTER L.11

Note: This Act was repealed on January 1, 1992. See: 1996, c. 6, s. 1.

Amended by: 1996, c. 6, s. 1.

Definitions

1. In this Act,

“allowance” means an allowance under this Act; (“allocation”)

“member” means a member of the Assembly; (“député”)

“Speaker” means the Speaker of the Assembly; (“président”)

“spouse”, in relation to a member or former member who dies on or after the 1st day of January, 1986, means either of a man and woman who,

(a) are married to each other,

(b) have together entered into a marriage that is voidable or void, in good faith on the part of the person asserting a right under this Act,

(d) are not married to each other and have cohabited in a relationship of some permanence, if they are the natural or adoptive parents of a child; (“conjoint”)

“Treasurer” means the Treasurer of Ontario and Minister of Economics. (“trésorier”) R.S.O. 1980, c.236, s.1; 1985, c.20, s.1.

Administration of Act

2. This Act shall be administered by the Speaker. R.S.O. 1980, c.236, s.2.

PART I

Definitions

3. In this Part,

“indemnity” means the indemnity payable to a person as a member under the Legislative Assembly Act; (“indemnité”)

“minister” means a member of the Executive Council, and includes for the purposes of Part I a parliamentary assistant, the Speaker, the Leader of the Opposition and any member who was formerly a member of the Executive Council, a parliamentary assistant, the Speaker or the Leader of the Opposition; (“ministre”)

“salary” means,

(a) the annual salary paid to a minister or a parliamentary assistant under the Executive Council Act, or

(b) the additional indemnity of the Speaker or the Leader of the Opposition under the Legislative Assembly Act; (“traitement”)

“service” means service as a member or as a minister, as the case may be, for which indemnity or salary was paid. (“service”) R.S.O. 1980, c.236, s.3.

Application of Part

4. This Part applies to a person who was a member on the 1st day of October, 1973 and a person who was a member before such date, but does not apply to a member who has elected to contribute under Part II. R.S.O. 1980, c.236, s.4.

Current contributions, members

5. (1) There shall be deducted from the indemnity payable to a member an amount equal to 6 per cent thereof as such member’s contribution under this Act.

Maximum contributions, members

(2) Despite anything in subsection (1), contributions under this section shall not be deducted from the indemnity of a member after the total amount contributed by him or her is sufficient to provide an allowance equal to the amount of his or her indemnity. R.S.O. 1980, c.236, s.5.

Eligibility for allowance, members

6. (1) A member who has contributed in respect of five or more years of service and who has attained the age of fifty-five years is entitled to an annual allowance during his or her lifetime upon his or her ceasing to be a member.

Idem

(2) Where a person is otherwise eligible for an allowance under this section but has not attained the age of fifty-five years, he or she may elect to take an allowance under subsection (3) at age fifty-five or an immediate allowance of a reduced amount under subsection (4).

Calculation of allowance at age 55, members

(3) The amount of a person’s annual allowance under this section shall be an amount equal to 75 per cent of the total of his or her contributions as a member, but the amount of his or her allowance shall not exceed the amount of his or her indemnity.

Calculation of allowance under age 55, members

(4) Where a person who is otherwise eligible for an allowance under this section, but has not attained the age of fifty-five years elects to take an immediate allowance of a reduced amount, the amount of his or her allowance shall be calculated under subsection (3) and then shall be reduced actuarially in accordance with the tables prescribed by the regulations.

Application of subs. (1)

(5) Subsection (1) applies to persons who are or were members on or after the 23rd day of July, 1968, and, in the case of persons who were members before such date but are or were not members after such date, section 6 of the Legislative Assembly Retirement Allowances Act, being chapter 209 of the Revised Statutes of Ontario, 1960, as it was in force immediately before such date applies. R.S.O. 1980, c.236, s.6.

Suspension of allowance, members

7. (1) An allowance under section 6 shall be suspended while the person entitled thereto is a member.

Recalculation of allowance, members

(2) Where a person whose allowance has been suspended under subsection (1) again ceases to be a member, his or her allowance shall be recalculated under section 6 having regard to any additional service as a member performed while his or her allowance was suspended. R.S.O. 1980, c.236, s.7.

Current contributions, ministers

8. (1) There shall be deducted from the salary payable to a minister an amount equal to 6 per cent thereof as such minister’s contribution under this Part.

Maximum contributions, ministers

(2) Despite anything in subsection (1), contributions under this section shall not be deducted from the salary of a minister after the total amount contributed by him or her is sufficient to provide an allowance equal to one-half the annual salary of a minister having charge of a ministry. R.S.O. 1980, c.236, s.8.

Eligibility for allowance, ministers

9. (1) A minister who has contributed under section 8 who has contributed in respect of five or more years of service as a member and who has attained the age of fifty-five years is entitled to an annual allowance during his or her lifetime upon his or her ceasing to be a minister and a member.

Idem

Calculation of allowance at age 55, ministers

(3) The amount of a person’s annual allowance under this section shall be an amount equal to 75 per cent of the total of his or her contributions as a minister, but the amount of his or her allowance shall not exceed one-half of the salary of a minister having charge of a ministry.

Calculation of allowance under age 55, ministers

(4) Where a person who is otherwise eligible for an allowance under this section but has not attained the age of fifty-five years elects to take an immediate allowance of a reduced amount, the amount of his or her allowance shall be calculated under subsection (3) and then shall be reduced actuarially in accordance with the tables prescribed by the regulations.

Application of subs. (1)

(5) Subsection (1) applies to persons who are or were ministers on or after the 23rd day of July, 1968, and, in the case of persons who were ministers before such date but are or were not ministers after such date, section 6 of the Legislative Assembly Retirement Allowances Act, being chapter 209 of the Revised Statutes of Ontario, 1960, as it was in force immediately before such date applies. R.S.O. 1980, c.236, s.9.

Suspension of allowance, ministers

10. (1) An allowance under section 9 shall be suspended while the person entitled thereto is a member.

Recalculation of allowance, ministers

(2) Where a person whose allowance has been suspended under subsection (1) again ceases to be a member, his or her allowance shall be recalculated under section 9 having regard to any additional contributory service as a minister performed while his or her allowance was suspended. R.S.O. 1980, c.236, s.10.

Spouse’s allowance

11. (1) Where a former member who is receiving an allowance dies leaving a spouse, the spouse shall be paid during his or her lifetime an allowance equal to,

(a) 60 per cent of the allowance that the former member was receiving at the date of his or her death; and

(b) in respect of each child under the age of eighteen years, to a maximum of three children of the former member, 10 per cent of the allowance that the former member was receiving at the date of his or her death.

Children’s allowance

(2) Where a former member who is receiving an allowance dies leaving no spouse but leaving a child or children under the age of eighteen years, an allowance equal to the allowance that would have been paid to the spouse of the former member under subsection (1) if the spouse had survived the former member, shall be paid to or for the child or children until such age is attained.

Computation of allowance

(3) Where a member dies,

(a) leaving a spouse, the spouse shall be paid during his or her lifetime an allowance equal to the greater of,

(i) an amount equal to 25 per cent of the annual indemnity of the member in effect immediately before his or her death, or

(ii) an amount equal to,

A. 60 per cent of the allowance that the member had earned to the date of his or her death, and

B. in respect of each of not more than three children of the member under the age of eighteen years, 10 per cent of the allowance that the member had earned to the date of his or her death,

computed in the manner provided in section 6 or 9, as the case may be, but based on the member’s service to the time of his or her death, and where the spouse dies leaving a child or children of the former member who at the date of the death of the spouse is or are under the age of eighteen years, an allowance equal to that paid or that would be paid to the spouse shall be paid to or for the child or children until such age is attained; or

(b) leaving no spouse but leaving a child or children under the age of eighteen years, an allowance equal to the allowance that would have been paid to the spouse of the member under clause (a) if the spouse had survived the member shall be paid to or for the child or children until such age is attained.

Option

(4) The spouse,

(a) of a person who had elected under section 6 or 9 to take a deferred allowance at age fifty-five but who died before attaining such age; or

(b) of a person who was eligible to make an election to take a deferred or an immediate allowance under section 6 or 9 but died before making the election,

at any time may elect to take a deferred allowance, in which case, commencing on the day that the person would have attained the age of fifty-five had he or she lived, the spouse shall be paid during his or her lifetime an allowance equal to,

(d) in respect of each child under the age of eighteen years, to a maximum of three children of the person, 10 per cent of the allowance to which the person would have been entitled at that time,

or may elect to take an immediate allowance, in which case the spouse shall be paid during his or her lifetime an allowance equal to the amount calculated in accordance with clauses (c) and (d) reduced actuarially in accordance with the tables prescribed by the regulations, which the person would have been entitled to receive at the time of the spouse’s election.

Idem

(5) Where a person referred to in clause (4)(a) or (b) dies leaving no spouse but leaving a child or children under the age of eighteen years, an allowance equal to the immediate allowance provided for in subsection (4), reduced actuarially in accordance with the tables prescribed by the regulations for the purposes of subsection (4), shall be paid to or for the child or children until such age is attained. 1984, c.17, s.1(1), part.

Exception for higher education

(6) For the purposes of this section, a person who has attained the age of eighteen years shall be deemed not to have attained that age if since attaining that age the person has been continuously in full time attendance at either or both of,

(a) a secondary school; or

(b) for five years following secondary school, a post-secondary educational institution that is recognized as such by the Board of Internal Economy. 1986, c.64, s.28(1).

Refunds

12. (1) A person who makes contributions under this Part and who ceases to be a member before being eligible for an allowance is entitled to a refund of an amount equal to the amount of his or her contributions with interest thereon at the rate of 6 per cent per annum and, in the event of his or her death, the same refund shall be paid to his or her personal representative.

Idem

(2) Where a person who is in receipt of an allowance dies and no person becomes entitled to an allowance under section 11, a refund shall be paid to his or her personal representative equal to the amount of the difference between the amount of his or her contributions with interest thereon at the rate of 6 per cent per annum up to the time he or she commenced to receive the allowance and the amount of the allowance paid to him up to the time of his or her death.

Application

(3) A refund under subsection (1) to a former contributor shall be made only after the Speaker receives an application therefor in writing from the former contributor. R.S.O. 1980, c.236, s.12.

Reinstatement after refund

13. A person who has received a refund under subsection 12(1) and who again becomes eligible to contribute under this Act may pay to the Treasurer the amount of the refund with interest at the rate of 6 per cent per annum and thereupon he or she is entitled to credit for the amount so paid. R.S.O. 1980, c.236, s.13.

PART II

Definitions

14. In this Part,

“average annual remuneration” means,

(a) in respect of a person who was in receipt of an allowance immediately before the 1st day of October, 1977, the average annual remuneration of the person during any five fiscal years of his or her service, which years need not be consecutive, during which his or her remuneration was the highest, or

(b) in respect of a person who became entitled or who becomes entitled to an allowance on or after the 1st day of October, 1977, the average annual remuneration of the person during any thirty-six months of his or her service, which months need not be consecutive, during which his or her remuneration was highest; (“rémunération annuelle moyenne”)

“remuneration” means the indemnity paid to a person as a member under the Legislative Assembly Act together with all other indemnities and salaries paid to such person under that Act and the Executive Council Act; (“rémunération”)

“service” means service in respect of which contributions have been made,

(a) under this Part, and

(b) under Part I in the case of a member who has made an election under section 16. (“service”) R.S.O. 1980, c.236, s.14; 1984, c.17, s.2(1).

Application of Part

15. This Part applies to a member who becomes a member after the 1st day of October, 1973 and to any member who was a member on that day and who elects to contribute under this Part. R.S.O. 1980, c.236, s.15.

Option of present members, guarantee

16. (1) A member who was a member on the 1st day of October, 1973 may elect to contribute under this Part by giving notice in writing to the Speaker within one year after such day, and, upon the effective date of such election, Part I ceases to apply to him or her and his or her contributions thereafter shall be in accordance with this Part, provided that when a member or his or her spouse becomes entitled to an allowance, the allowance shall be computed, subject to subsections (2), (3), (4) and (5), under Part I and Part II and the member or his or her spouse is entitled to the highest allowance so computed.

Calculation under Part I

(2) A person who becomes entitled to an allowance under Part II may elect to have the calculation of his or her annual allowance under Part I based on,

(a) the contributions the member would have made if he or she had continued to contribute under Part I; or

(b) the amount calculated under clause (a) plus the annual amount of an annuity that would be provided, in accordance with the regulations, by the amount of the difference between the member’s contributions under Part I and Part II in relation to his or her indemnity and salary as defined in Part I.

Allowance where member under 55 years

(3) When a person becomes entitled to an allowance under Part II and the member’s age at the time of his or her retirement or death, as the case may be, is less than fifty-five years, the allowance under Part I shall be calculated as an immediate allowance of a reduced amount in accordance with such age.

Refund of certain contributions

(4) Where a member has elected to contribute under Part II and the person entitled to an allowance elects to receive an allowance under Part I as calculated under clause (2)(a), the person shall receive a refund of the amount of the difference between the member’s contributions under Part I and Part II in relation to his or her indemnity and salary as defined in Part I.

Idem

(5) Where a member has elected to contribute under Part II and the person entitled to an allowance elects to receive an allowance under Part I, the person shall receive a refund of any contributions made under Part II in relation to any part of the member’s remuneration that is not included in the member’s indemnity and salary as defined in Part I. R.S.O. 1980, c.236, s.16.

Contributions

17. There shall be deducted from the remuneration payable to a member an amount equal to 10 per cent thereof as such member’s contribution under this Part. R.S.O. 1980, c.236, s.17; 1985, c.20, s.2.

Eligibility for allowance, member

18. (1) A person who has contributed in respect of at least five years of service and who has credit in the Legislative Assembly Retirement Allowances Account for a number of years of service that, when added to his or her age on the date he or she ceases to be a member totals,

(a) in the case of a person who ceased to be a member before the 1st day of October, 1977, at least sixty years; or

(b) in the case of a person who ceased or who ceases to be a member on or after the 1st day of October, 1977, at least fifty-five years,

is entitled to an annual allowance during his or her lifetime upon his or her ceasing to be a member. R.S.O. 1980, c.236, s.18(1).

Deferred or reduced allowance

(2) Where a person has contributed in respect of at least five years of service but has not satisfied the sixty year rule or the fifty-five year rule, as the case requires, in subsection (1) on the date he or she ceased or ceases to be a member, he or she may elect to take a deferred annual allowance under subsection (3) or (4) at the age when he or she does satisfy such rule or an immediate annual allowance of a reduced amount under subsection (5). R.S.O. 1980, c.236, s.18(2); 1985, c.20, s.3(1).

Calculation of allowance

(3) The amount of a person’s annual allowance under this section shall be an amount equal to the sum of,

(a) 4 per cent of the average annual remuneration of the person multiplied by the years of service, including part of a year, to his or her credit up to and including the first ten years of such service; and

(b) 3.5 per cent of the average annual remuneration of the person multiplied by the years of service, including part of a year, to his or her credit over ten years and up to and including twenty years of such service,

but the amount of his allowance shall not exceed 75 per cent of his or her average annual remuneration. R.S.O. 1980, c.236, s.18(3).

Person eligible on or after January 1st, 1986

(4) The amount of a person’s allowance under this section, if the person ceases to be a member on or after the 1st day of January, 1986, shall be an amount equal to 5 per cent of the person’s average annual remuneration multiplied by the years of service, including part of a year, to the person’s credit up to and including fifteen years of such service, but the amount of the allowance shall not exceed 75 per cent of the person’s average annual remuneration. 1985, c.20, s.3(2).

Computation of reduced allowance

(5) Where a person who has contributed in respect of at least five years of service but has not satisfied the sixty year rule or the fifty-five year rule, as the case requires, elects to take an immediate annual allowance of a reduced amount, the amount of his or her allowance shall be calculated under subsection (3) or (4) and then shall be reduced actuarially in accordance with the tables prescribed by the regulations. R.S.O. 1980, c.236, s. 18(4); 1984, c.17, s.3(1); 1985, c.20, s.3(3).

Where service less than thirty-six months

(6) Where a person who is entitled to an allowance has been a contributor to the Legislative Assembly Retirement Allowances Account for less than thirty-six months, the allowance shall be based upon the person’s average annual remuneration during the months that the person was a contributor to the Account. 1984, c.17, s.3(2).

Part of a year

(7) Where a calculation under this section involves part of a year, the calculation in respect of that part shall be made on a monthly basis, and,

(a) any part of a month less than fifteen days shall be disregarded; and

(b) any part of a month not less than fifteen days shall be deemed to be a month. R.S.O. 1980, c.236, s.18(6).

Spouse’s allowance

19. (1) Where a former member who is receiving an allowance dies leaving a spouse, the spouse shall be paid during his or her lifetime an allowance equal to,

(a) 60 per cent of the allowance that the former member was receiving at the date of his or her death; and

Children’s allowance

(2) Where a former member who is receiving an allowance dies leaving no spouse but leaving a child or children under the age of eighteen years, an allowance equal to the allowance that would have been paid to the spouse of the former member under subsection (1), if the spouse had survived the former member, shall be paid to or for the child or children until such age is attained. 1984, c.17, s.4(1).

Computation of allowance

(3) Where a member dies,

(a) leaving a spouse, the spouse shall be paid during his or her lifetime an allowance equal to the greater of,

(i) an amount equal to 25 per cent of the annual indemnity of the member in effect immediately before his or her death, or

(ii) an amount equal to,

A. 60 per cent of the allowance that the member had earned to the date of his or her death, and

B. in respect of each of not more than three children of the member under the age of eighteen years, 10 per cent of the allowance that the member had earned to the date of his or her death,

computed in the manner provided in section 18, but based on the member’s service to the time of his or her death, and where the spouse dies leaving a child or children of the former member who at the date of the death of the spouse is or are under the age of eighteen years, an allowance equal to that paid or that would be paid to the spouse shall be paid to the child or children until such age is attained; or

(b) leaving no spouse but leaving a child or children under the age of eighteen years, an allowance equal to the allowance that would have been paid to the spouse of the member under clause (a) if the spouse had survived the member shall be paid to the child or children until such age is attained. R.S.O. 1980, c.236, s.19(2).

Option

(4) The spouse,

(a) of a person who had elected under section 18 to take a deferred allowance at the age when he or she would satisfy the sixty year rule or the fifty-five year rule, as the case requires, but who died before satisfying the rule; or

(b) of a person who was eligible to make an election to take a deferred or an immediate allowance under section 18 but died before making the election,

at any time may elect to take a deferred allowance, in which case, commencing on the day that the person would have satisfied the sixty year rule or the fifty-five year rule, as the case requires, had he or she lived, the spouse shall be paid during his or her lifetime an allowance equal to,

(d) in respect of each child under the age of eighteen years, to a maximum of three children of the person, 10 per cent of the allowance to which the person would have been entitled at that time,

Idem

(5) Where a person referred to in clause (4)(a) or (b) dies leaving no spouse but leaving a child or children under the age of eighteen years, an allowance equal to the immediate allowance provided for in subsection (4), reduced actuarially in accordance with the tables prescribed by the regulations for the purposes of subsection (4), shall be paid to the child or children until such age is attained. R.S.O. 1980, c.236, s.19(4).

Exception for higher education

(a) a secondary school; or

(b) for five years following secondary school, a post-secondary educational institution that is recognized as such by the Board of Internal Economy. 1986, c.64, s.28(2).

Suspension of allowance

20. (1) An allowance under section 18 shall be suspended while the person entitled thereto is a member.

Recalculation of allowance

(2) Where a person whose allowance has been suspended under subsection (1) again ceases to be a member, his or her allowance shall be recalculated under section 18 having regard to any additional contributory service as a member performed while his or her allowance was suspended. R.S.O. 1980, c.236, s.20.

Refunds

21. (1) A person who makes contributions under this Part and who ceases to be a member before being eligible for an allowance is entitled to a refund of an amount equal to the amount of his or her contributions with interest thereon at the rate of 6 per cent per annum and, in the event of his or her death, the same refund shall be paid to his or her personal representative.

Idem

(2) Where a person who is in receipt of an allowance dies and no person becomes entitled to an allowance under section 19, his or her personal representative is entitled to a refund equal to the amount of the difference between the amount of his or her contributions with interest thereon at the rate of 6 per cent per annum up to the time he or she commenced to receive the allowance and the amount of the allowance paid to him or her up to the time of his or her death.

Application

(3) A refund under subsection (1) to a former contributor shall be made only after the Speaker receives an application therefor in writing from the former contributor. R.S.O. 1980, c.236, s.21.

Reinstatement after refund

22. A person who has received a refund under subsection 21(1) and who again becomes eligible to contribute under this Act may pay to the Treasurer the amount of the refund with interest at the rate of 6 per cent per annum and thereupon he or she is entitled to credit for the amount so paid. R.S.O. 1980, c.236, s.22.

PART III

Service as member of House of Commons

23. (1) Where a former member of the House of Commons of Canada is a contributor under this Act and provided he or she is not entitled to or receiving an allowance in respect of his or her service as a member of the House of Commons of Canada, he or she may count such service for the purposes of this Act if he or she pays into the Legislative Assembly Retirement Allowances Account an amount equal to the amount he or she received as a refund of his or her contributions to the account maintained to provide superannuation benefits for members of the House of Commons of Canada, with interest at the rate of 6 per cent per annum.

Credit under Part I or II

(2) Where an amount is paid into the Account under subsection (1), a contributor under Part I is entitled to have such amount, exclusive of interest, credited to his or her contributions under Part I, and a contributor under Part II is entitled to count, for the purposes of Part II, the period of service represented by the amount paid into the Account. R.S.O. 1980, c.236, s.23.

Previous service, members’ election

24. (1) A member who was not a member on the 1st day of April, 1960, may, within ninety days from the day upon which the Assembly first is in session after he or she becomes a member, elect in writing to contribute under this Act in respect of any part of any period of service as a member previous to the 1st day of April, 1960, but the period or periods shall be chosen retrogressively from the date of such election.

Establishment of credit, members

(2) A member who elects to contribute in respect of a period of previous service as a member shall at the time of such election pay to the Treasurer an amount equal to the amount that he or she would have been required to contribute as a member had the Act been in force and applicable to him or her during such period, and thereupon he or she is entitled to credit for the payment so made.

Instalment payments, members

(3) Despite subsection (2), any amount required to be paid under that subsection may be paid in equal instalments over a period not exceeding three years commencing at the time of his or her election under that subsection.

Idem

(4) Where a member who is contributing under subsection (3) ceases to be a member or dies before completing his or her payments thereunder, the member or a legal representative of the member, may pay forthwith the balance outstanding. R.S.O. 1980, c.236, s.24.

Augmentation of allowances

25. The Speaker, for the purpose of augmenting from time to time allowances being paid under this Act may, by order, with the approval of the Board of Internal Economy, provide for the payment of supplementary benefits to persons receiving allowances under this Act and prescribe the amounts of such benefits, the times at which they shall be paid and the classes of persons entitled thereto. R.S.O. 1980, c.236, s.26.

Payments into and out of Consolidated Revenue Fund

26. All contributions and interest received under this Act shall be credited to the Consolidated Revenue Fund and all payments of allowances and refunds and interest are a charge against the Consolidated Revenue Fund. R.S.O. 1980, c.236, s.27.

Special account

27. (1) The Treasurer shall establish in the Consolidated Revenue Fund an account to be known as the Legislative Assembly Retirement Allowances Account in which shall be entered all receipts and disbursements under this Act.

Annual payments into special account

(2) The Treasurer shall pay annually from the Consolidated Revenue Fund into the Legislative Assembly Retirement Allowances Account such sum as the Lieutenant Governor in Council may direct to assist in defraying the cost of allowances and supplementary benefits under this Act. R.S.O. 1980, c.236, s.28.

Public Service Pensions

28. Section 27 of Schedule 1 to the Public Service Pension Act, 1989, being chapter 73, applies with necessary modifications to any money payable to any person under this Act. R.S.O. 1980, c.236, s.29, revised.

Recipients of allowances, etc., not disqualified

29. Despite anything in the Legislative Assembly Act or any other Act, the application of this Act to a person does not render him or her ineligible as a member of the Assembly or disqualify him or her from sitting and voting therein. R.S.O. 1980, c.236, s.30.

Teachers’ rights not affected

30. Despite clause 2(3)(b) of Schedule 1 to the Teachers’ Pension Act, 1989, being chapter 92, this Act does not affect the rights of a member under that Act. R.S.O. 1980, c.236, s.31, revised.

Regulations

31. The Lieutenant Governor in Council may make regulations,

(a) respecting the manner and times of payment of instalments under subsection 24(3);

(b) prescribing tables for the purposes of subsection 6(4), subsection 9(4), section 11, subsection 18(5) and subsection 19(4);