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Eliminating Entitlements for Prisoners Act (S.C. 2010, c. 22)

Assented to 2010-12-15

Eliminating Entitlements for Prisoners Act

S.C. 2010, c. 22

Assented to 2010-12-15

An Act to amend the Old Age Security Act

SUMMARY

This enactment amends the Old Age Security Act to preclude incarcerated persons from receiving benefits under this Act while maintaining entitlement to benefits for, and avoiding a reduction in the amounts payable to, their spouse or common-law partner under this Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Eliminating Entitlements for Prisoners Act.

Marginal note:R.S., c. O-9

OLD AGE SECURITY ACT

2. Section 2 of the Old Age Security Act is amended by adding the following in alphabetical order:

“release”

« libération »

“release”, in relation to a person who has been incarcerated, means release from custody on earned remission, at the expiry of a sentence, or on parole or statutory release that has not been terminated or revoked.

3. Section 5 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Incarcerated persons

    (3) No pension may be paid in respect of a period of incarceration — exclusive of the first month of that period — to a person who is subject to a sentence of imprisonment

    • (a) that is to be served in a penitentiary by virtue of any Act of Parliament; or

    • (b) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which the prison is located has entered into an agreement under section 33.1 for the administration of this paragraph.

4. Section 8 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Incarcerated persons

    (2.1) Despite subsection (1), if the application by a person described in subsection 5(3) is approved while that person is incarcerated, payment of their pension shall commence in respect of the month in which they are released but only after they notify the Minister in writing before or after their release.

5. The Act is amended by adding the following after section 9.1:

Marginal note:Resumption of pension

9.2 Payment of a pension that is suspended by virtue of subsection 5(3) shall resume in respect of the month in which a pensioner is released but only after they notify the Minister in writing before or after their release.

6. Section 15 of the Act is amended by adding the following after subsection (3.1):

  • Marginal note:Direction — spouse or common-law partner of incarcerated person

    (3.2) The Minister may, after any investigation that the Minister considers necessary, direct, in respect of any month in a payment period, that an application for a supplement be considered and dealt with as though the applicant did not have a spouse or common-law partner on the last day of the previous payment period if the Minister is satisfied that, at any time during the preceding month, the applicant was the spouse or common-law partner of an incarcerated person described in subsection 5(3), except for the month in which the applicant’s spouse or common-law partner is released.

  • Marginal note:Continuing direction

    (3.3) A direction made under subsection (3.2) continues to apply in respect of every subsequent month until the month before the month in which the spouse or common-law partner is released. However, the Minister may, after any investigation of the circumstances that the Minister considers necessary, cancel the direction.

  • Marginal note:Notification of release

    (4) Every applicant who is the subject of a direction under subsection (3.2) shall inform the Minister without delay of their spouse or common-law partner’s release.