Canada Pension Plan (R.S.C., 1985, c. C-8)

Act current to 2016-05-12 and last amended on 2015-06-18. Previous Versions

Marginal note:Approval of interim benefit
  •  (1) Where application is made for a benefit and payment of the benefit would be approved except that the amount of the benefit cannot be finally calculated at the time the approval would otherwise be given, the Minister may approve payment of an interim benefit in such amount as he may fix and payment of the interim benefit may be made in a like manner as if the benefit had been approved.

  • Marginal note:Adjustment to be made when benefit subsequently approved

    (2) Where an interim benefit has been paid under subsection (1) and payment of a benefit is subsequently approved,

    • (a) if the amount of the interim benefit was less than the amount of the benefit subsequently approved, the beneficiary shall be paid the additional amount that he would have been paid if the benefit had been approved at the time the interim benefit was approved; and

    • (b) if the amount of the interim benefit exceeded the amount of the benefit subsequently approved, the amount paid in excess thereof shall be deducted from subsequent payments of the benefit or otherwise recovered in such manner as the Minister may direct.

  • R.S., c. C-5, s. 60.
Marginal note:Where payment approved after month of commencement
  •  (1) Payment of a benefit for each month shall be made at such time during the month as the Minister directs, except that, where payment of a benefit is approved after the end of the month for which the first payment of the benefit is payable under this Part, monthly payments of the benefit shall be made for months commencing with the month following the month in which payment of the benefit is approved and payments of the benefit for months preceding that month for which the benefit is payable under this Part shall be paid in one sum during that month.

  • Marginal note:When benefit deemed to have become payable

    (2) For the purposes of this Act, where a benefit is payable under this Part commencing with any month, the benefit shall be deemed to have become payable at the beginning of that month.

  • R.S., 1985, c. C-8, s. 62;
  • R.S., 1985, c. 30 (2nd Supp.), s. 29.
Marginal note:Where spouse remarried before survivor’s pension payable
  •  (1) Where a person whose spouse has died remarries at a time when no survivor’s pension is payable to him, no survivor’s pension is payable to that person during the period of his remarriage and if following the death of his spouse of that or any subsequent remarriage a survivor’s pension would be payable to him if he applied for such a pension, his deceased spouse for the purposes of this Act shall be deemed to be his spouse named in the application.

  • Marginal note:Discontinuance of survivor’s pension

    (2) Where a person to whom a survivor’s pension is being paid remarries, the survivor’s pension shall be discontinued commencing with the month following the month in which that person was married.

  • Marginal note:Application for survivor’s pension

    (3) Where the spouse of a person whose survivor’s pension has been discontinued under subsection (2) dies, that person may on application therefor be paid a survivor’s pension equal to the survivor’s pension that was discontinued under subsection (2) or the survivor’s pension that would have been payable by reason of the death of the spouse if no survivor’s pension had been previously payable to that person, whichever is the greater.

  • Marginal note:Payment of pension to former spouse

    (4) Where the marriage of a person whose survivor’s pension has been discontinued under subsection (2) is terminated otherwise than by the death of his spouse, the survivor’s pension previously payable to that person shall thereupon become payable to him.

  • Marginal note:Calculation of basic amount of survivor’s pension

    (5) Where a survivor’s pension payable to a person has been discontinued under subsection (2) and subsequently a survivor’s pension equal to the pension so discontinued becomes payable to that person or the pension so discontinued again becomes payable to him, the basic monthly amount of the pension thereupon payable to that person shall be calculated as though the pension discontinued under subsection (2) had not been discontinued.

  • Marginal note:Only one survivor’s pension payable

    (6) Where, but for this subsection, more than one survivor’s pension would be payable concurrently to a person under this Act, or a survivor’s pension would be payable concurrently to a person under this Act and under a provincial pension plan, only one survivor’s pension shall be payable to that person, the amount of which shall be the greatest or greater of the survivor’s pensions that would, but for this subsection, be payable to that person.

  • Marginal note:Death within 1 year of marriage

    (7) Where a contributor dies within one year after his marriage, no survivor’s pension is payable to his survivor if the Minister is not satisfied that the contributor was at the time of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter.

  • Marginal note:When subsection (7) does not apply

    (7.1) Subsection (7) does not apply if the aggregate of the following periods is one year or more:

    • (a) the period during which the contributor and the survivor had cohabited during the marriage; and

    • (b) the period during which the contributor and the survivor had cohabited in a conjugal relationship immediately before the marriage.

  • Marginal note:Application of subsection (3)

    (8) Subsection (3) applies only to a person who has made an application pursuant to that subsection that is pending on the coming into force of section 63.1.

  • Marginal note:Application of subsection (4)

    (9) Subsection (4) applies only to a person whose marriage is terminated as described in that subsection before the coming into force of section 63.1.

  • Marginal note:Subsection does not apply

    (10) Subsection (5) does not apply in respect of a survivor’s pension that becomes payable pursuant to section 63.1.

  • R.S., 1985, c. C-8, s. 63;
  • R.S., 1985, c. 30 (2nd Supp.), s. 30;
  • 2000, c. 12, ss. 51, 64, 65(F).
Marginal note:Subsections do not apply
  •  (1) Subsections 63(1) and (2) do not apply to a person who remarries after the coming into force of this section.

  • Marginal note:Application for commencement or reinstatement of survivor’s pension

    (2) Where, before the coming into force of subsection (1),

    • (a) a survivor’s pension that, but for the operation of subsection 63(1), would have become payable to a person did not become payable to the person, or

    • (b) the payment of a survivor’s pension to a person was discontinued under subsection 63(2),

    and the person is not being paid a survivor’s pension at the time that this section comes into force, an application in writing to the Minister for the commencement or reinstatement, as the case may be, of the survivor’s pension may be made by the person or on behalf of the person by such other person as may be prescribed.

  • Marginal note:Commencement of survivor’s pension

    (3) On approval by the Minister of an application referred to in subsection (2), a survivor’s pension is payable to the applicant for each month commencing with the later of

    • (a) the month in which this section comes into force, and

    • (b) the eleventh month preceding the month in which the application is received by the Minister.

  • Marginal note:Basic monthly amount of survivor’s pension

    (4) Where a survivor’s pension becomes payable under this section to a person, the basic monthly amount of the pension shall be calculated in accordance with section 58 as though

    • (a) in the case of a person referred to in paragraph (2)(a), the survivor’s pension that would have become payable to the person but for the operation of subsection 63(1) became payable at the time that it would have become payable but for that subsection; and

    • (b) in the case of a person referred to in paragraph (2)(b), payment of the survivor’s pension to the person had not been discontinued under subsection 63(2).

  • R.S., 1985, c. 30 (2nd Supp.), s. 31.

 [Repealed, R.S., 1985, c. 30 (2nd Supp.), s. 32]

Marginal note:Benefit not to be assigned, etc.
  •  (1) A benefit shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security a benefit is void.

  • Marginal note:Benefit not subject to seizure or execution

    (1.1) A benefit is exempt from seizure and execution, either at law or in equity.

  • Marginal note:Exception

    (2) Notwithstanding subsections (1) and (1.1), where any provincial authority or municipal authority in a province pays a person any advance or assistance or welfare payment for a month or any portion of a month that would not be paid if a benefit under this Act had been paid for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from that benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not exceeding the amount of the advance or assistance or welfare payment paid.

  • Marginal note:Exception

    (3) Notwithstanding subsections (1) and (1.1), where an administrator of a disability income program who is approved by the Minister makes a payment under that program to a person for a month or any portion of a month that would not have been made if a benefit under paragraph 44(1)(b) had been paid to that person for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from that benefit and pay to the administrator an amount not exceeding the amount of the payment made under that program.

  • R.S., 1985, c. C-8, s. 65;
  • 1991, c. 44, s. 15;
  • 1995, c. 33, s. 29;
  • 1997, c. 40, s. 78.
 
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