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An Act to amend the Canada Pension Plan and the Old Age Security Act (S.C. 2007, c. 11)

Assented to 2007-05-03

Marginal note:1995, c. 33, s. 10; 1998, c. 21, par. 119(1)(d); 2000, c. 12, par. 207(1)(f)

  • 19. (1) Subsection 19(4.1) of the Act is replaced by the following:

    • Marginal note:Waiver of application

      (4.1) The Minister may waive the requirement referred to in subsection (4) for an application for payment of an allowance for any month or months in a payment period if an application for payment of an allowance has been made in respect of any payment period before that payment period.

  • (2) Paragraph 19(6)(a) of the Act is replaced by the following:

    • (a) any month that is more than 11 months before the month in which the application is received or is deemed to have been made or in which the requirement for an application has been waived, as the case may be;

  • Marginal note:2001, c. 27, s. 265

    (3) Subparagraph 19(6)(d)(ii) of the Act is replaced by the following:

Marginal note:1995, c. 33, s. 11(2); 1998, c. 21, par. 119(1)(g); 2000, c. 12, par. 208(1)(c), 209(k)(E)

  • 20. (1) Subsection 21(5.1) of the Act is replaced by the following:

    • Marginal note:Waiver of requirement for application

      (5.1) The Minister may waive the requirement referred to in subsection (4) for an application for payment of an allowance for any month or months in a payment period if an application for payment of an allowance has been made in respect of any payment period before that payment period.

  • Marginal note:R.S., c. 34 (1st Supp.), s. 4

    (2) Paragraph 21(9)(a) of the Act is replaced by the following:

    • (a) any month more than 11 months before the month in which the application is received or is deemed to have been made or in which the requirement for an application has been waived, as the case may be;

  • Marginal note:2001, c. 27, s. 266

    (3) Subparagraph 21(9)(c)(ii) of the Act is replaced by the following:

21. Section 26 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Information previously submitted

    (1.1) For greater certainty, the Minister may waive the requirements of subsections 14(1) and 15(1) and (2) in respect of an application for an allowance under this Part if the information required under those subsections has already been submitted to or filed with the Minister in respect of an application for a supplement under Part II.

22. The Act is amended by adding the following after the heading “GENERAL” of Part IV:

Effect of Waiver

Marginal note:Deeming provision

26.1 When the requirement for an application for a benefit is waived by the Minister under this Act, the application is deemed to have been made by the applicant on the day on which the requirement is waived and, for greater certainty, the applicant shall not be paid that benefit for any month that is more than 11 months before the month in which the application is deemed to have been made.

23. Section 29 of the Act is replaced by the following:

Marginal note:Application for pension by estate, etc.

  • 29. (1) Despite anything in this Act, an application for a pension that would have been payable to a deceased person who, before their death, would have been entitled, on approval of an application, to payment of that pension under this Act may be made within one year after the person’s death by the estate or succession, by the liquidator, executor or administrator of the estate or succession or heir of that person or by any person that may be prescribed by regulation.

  • Marginal note:Pension payable to estate or other persons

    (2) If an application is made under subsection (1), the pension that would have been payable to a deceased person referred to in that subsection shall be paid to the estate or succession or to any person that may be prescribed by regulation.

  • Marginal note:Application deemed to have been received on date of death

    (3) Any application made under subsection (1) is deemed to have been received on the date of the death of the person who, before their death, would have been entitled to payment of the pension.

Marginal note:2000, c. 12, s. 202

  • 24. (1) Subsection 30(1) of the Act is replaced by the following:

    Marginal note:Retroactive application by survivor

    • 30. (1) Despite paragraph 19(6)(b), if a person dies and the person’s survivor would have been entitled to an allowance under section 19 had the survivor and the deceased person made a joint application for it before the death of the deceased person, the survivor may make application for an allowance under section 19 within one year after the death of the deceased person.

  • Marginal note:R.S., c. 34 (1st Supp.), s. 8(2); 2000, c. 12, par. 209(q)(E)

    (2) Subsection 30(3) of the Act is repealed.

Marginal note:2005, c. 35, s. 56

25. Subsection 33.01(3) of the Act is replaced by the following:

  • Marginal note:Availability of information to the individual or other persons

    (3) Subject to the exemptions and exclusions provided in the Privacy Act, if information is relevant to the making of an application or the receipt of a benefit by the individual under this Act, it may be made available to

    • (a) the individual;

    • (b) the individual’s representative;

    • (c) a member of Parliament inquiring on behalf of the individual; or

    • (d) on the conditions that may be prescribed, any other individual authorized in writing by the individual.

  • 26. (1) Paragraph 34(o) of the Act is replaced by the following:

    • (o) providing for the making of any application or statement, or the doing of any other act or thing required or permitted by this Act, by any person or agency, and for the payment of a benefit to any person or agency, on behalf of any other person or beneficiary if it is established in any manner and by any evidence that may be prescribed by the regulations that the other person or beneficiary is, by reason of infirmity, illness, insanity or other cause, incapable of managing their own affairs, and prescribing the manner in which any benefit authorized to be paid to the person or agency shall be administered and expended for the benefit of the other person or beneficiary and accounted for;

  • (2) Section 34 of the Act is amended by striking out the word “and” at the end of paragraph (p), by adding the word “and” at the end of paragraph (q) and by adding the following after paragraph (q):

    • (r) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with a document or information under this Act, including

      • (i) the technology or process, and the format, that must be used,

      • (ii) the place where an electronic document is to be made or sent,

      • (iii) the time and circumstances when an electronic document is considered to be sent or received and the place where it is considered to have been sent or received,

      • (iv) the technology or process to be used to make or verify an electronic signature and the manner in which the signature is to be used, and

      • (v) the circumstances in which an electronic document must be signed with an electronic signature or a secure electronic signature; and

    • (s) providing that a requirement under a provision of this Act to provide a document or information by non-electronic means is satisfied by the provision of an electronic document if the prescribed conditions, if any, have been complied with.

27. The Act is amended by adding the following after section 34:

Marginal note:Personal Information Protection and Electronic Documents Act

34.1 In paragraphs 34(r) and (s), “electronic document”, “electronic signature” and “secure electronic signature” have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act.

Marginal note:Regulations — payment of interest

34.2 The Governor in Council may make regulations respecting the payment of interest on amounts owing to Her Majesty under this Act, including regulations prescribing

  • (a) the circumstances in which interest is payable;

  • (b) rates of interest or the manner of calculating rates of interest;

  • (c) terms and conditions for the imposition and payment of interest; and

  • (d) terms and conditions under which the Minister may waive, reduce or remit the interest payable.

Marginal note:1997, c. 40, s. 105

  • 28. (1) Subsection 37(2) of the Act is replaced by the following:

    • Marginal note:Recovery of amount of payment

      (2) If a person has received or obtained a benefit payment to which the person is not entitled, or a benefit payment in excess of the amount of the benefit payment to which the person is entitled, the amount of the benefit payment or the excess amount, as the case may be, constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

    • Marginal note:Recovery of amount of interest

      (2.01) Interest payable under this Act constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

  • (2) Section 37 of the Act is amended by adding the following after subsection (2.01):

    • Marginal note:Recovery of amount of penalty

      (2.02) The amount of a penalty imposed on a person under section 44.1 constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

  • Marginal note:1997, c. 40, s. 105

    (3) Subsection 37(2.1) of the French version of the Act is replaced by the following:

    • Marginal note:Déduction

      (2.1) Le montant de la créance peut en outre être déduit, de la façon réglementaire, des sommes à payer au débiteur ou à sa succession en vertu de la présente loi ou de toute autre loi dont l’application incombe au ministre ou au titre de tout programme dont la gestion lui est confiée.

  • Marginal note:1997, c. 40, s. 105

    (4) Subsection 37(2.7) of the Act is replaced by the following:

    • Marginal note:Garnishment

      (2.7) If the Minister knows or suspects that a person is or is about to become indebted or liable to make a payment to a person liable to make a payment to Her Majesty under this Act, the Minister may, by a notice served personally or by confirmed delivery service, require the first person to pay the money otherwise payable to the second person in whole or in part to the Receiver General on account of the second person’s liability.

  • (5) Section 37 of the Act is amended by adding the following after subsection (4):

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