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

Act current to 2017-09-14 and last amended on 2017-03-03. Previous Versions

Marginal note:Incapacity
  •  (1) Where an application for a division of unadjusted pensionable earnings is made under subsection 55(1) or paragraph 55.1(1)(b) or (c) or the Minister receives the prescribed information referred to in paragraph 55.1(1)(a) and the Minister is satisfied, on the basis of evidence provided by or on behalf of a person subject to the division, that the person had been incapable of forming or expressing an intention to make an application or to provide the information to the Minister on the day on which the application was actually made or the information was actually received, the Minister may deem the application to have been made or the information to have been received in the first month in which a division could have taken place or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later.

  • Marginal note:Incapacity

    (2) Where an application for a division of unadjusted pensionable earnings is made under subsection 55(1) or paragraph 55.1(1)(b) or (c) or the Minister receives the prescribed information referred to in paragraph 55.1(1)(a) and the Minister is satisfied, on the basis of evidence provided by or on behalf of a person subject to the division, that

    • (a) the person had been incapable of forming or expressing an intention to make an application or to provide the information to the Minister before the day on which the application was actually made or the information was actually received by the Minister,

    • (b) the person had ceased to be so incapable before that day, and

    • (c) the application was actually made or the information was actually received by the Minister

      • (i) within the period that begins on the day on which the person had ceased to be so incapable and that comprises the same number of days, not exceeding twelve months, as in the period of incapacity, or

      • (ii) where the period referred to in subparagraph (i) comprises fewer than thirty days, not more than one month after the month in which the person had ceased to be so incapable,

    the Minister may deem the application to have been made or the information to have been received in the first month in which a division could have taken place or in the month in which the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later.

  • Marginal note:Period of incapacity

    (3) For the purposes of subsections (1) and (2), a period of incapacity must be a continuous period except as otherwise prescribed.

  • Marginal note:Application

    (4) This section applies only to individuals who were incapacitated on or after January 1, 1991.

  • 1991, c. 44, s. 9;
  • 2000, c. 12, s. 49.

Disability Pension

Marginal note:Amount of disability pension
  •  (1) A disability pension payable to a contributor is a basic monthly amount consisting of

    • (a) a flat rate benefit, calculated as provided in subsection (2); and

    • (b) 75% of the amount of the contributor’s retirement pension, which amount is calculated as the aggregate of

      • (i) the amount calculated as provided in subsection (3),

      • (ii) the amount calculated as provided in subsection (3.1), and

      • (iii) the amount calculated as provided in subsection (3.2).

  • Marginal note:Calculation of flat rate benefit

    (2) The amount of the flat rate benefit mentioned in paragraph (1)(a) is

    • (a) in the case of a flat rate benefit commencing to be payable for a month in the year 1986, ninety-one dollars and six cents;

    • (b) in the case of a flat rate benefit payable for a month in the year 1987, an amount calculated by multiplying

      • (i) two hundred and thirty-three dollars and thirty-eight cents

      by

      • (ii) the ratio that the Pension Index for 1987 bears to the Pension Index for 1986; and

    • (c) in the case of a flat rate benefit commencing to be payable for a month in the year 1988 or any subsequent year, an amount calculated by multiplying

      • (i) the amount of the flat rate benefit that would have been payable for a month in the year preceding that year

      by

      • (ii) the ratio that the Pension Index for the year in which the benefit commences to be payable bears to the Pension Index for the year preceding that year.

  • Marginal note:Calculation for purpose of subparagraph (1)(b)(i)

    (3) The amount of the portion of the contributor’s retirement pension that is to be used for the purpose of subparagraph (1)(b)(i) is equal to 25% of their average monthly pensionable earnings calculated as provided in subsections (4) and (5).

  • Marginal note:Calculation for purpose of subparagraph (1)(b)(ii)

    (3.1) The amount of the portion of the contributor’s retirement pension that is to be used for the purpose of subparagraph (1)(b)(ii) is equal to 8.33% of their first additional monthly pensionable earnings calculated as provided in subsection (4.01).

  • Marginal note:Calculation for purpose of subparagraph (1)(b)(iii)

    (3.2) The amount of the portion of the contributor’s retirement pension that is to be used for the purpose of subparagraph (1)(b)(iii) is equal to 33.33% of the contributor’s second additional monthly pensionable earnings calculated as provided in subsection (4.02).

  • Marginal note:Average monthly pensionable earnings

    (4) For the purposes of subsection (3), the average monthly pensionable earnings of a contributor who is deemed to have become disabled for the purposes of this Act after December 31, 1997 is, subject to subsections 48(2) and (4), the amount obtained by dividing

    • (a) the contributor’s total pensionable earnings

    by

    • (b) the total number of months in the contributor’s contributory period or 48, whichever is greater.

  • Marginal note:First additional monthly pensionable earnings

    (4.01) For the purpose of subsection (3.1), a contributor’s first additional monthly pensionable earnings are an amount calculated by

    • (a) in the case where their first additional contributory period is less than or equal to 480 months, dividing their total first additional pensionable earnings by 480; or

    • (b) in the case where their first additional contributory period exceeds 480 months, dividing the aggregate of their 480 highest first additional pensionable earnings for a month by 480.

  • Marginal note:Second additional monthly pensionable earnings

    (4.02) For the purpose of subsection (3.2), a contributor’s second additional monthly pensionable earnings are an amount calculated by

    • (a) in the case where their second additional contributory period is less than or equal to 480 months, dividing their total second additional pensionable earnings by 480; or

    • (b) in the case where their second additional contributory period exceeds 480 months, dividing the aggregate of their 480 highest second additional pensionable earnings for a month by 480.

  • Marginal note:Average monthly pensionable earnings

    (4.1) For the purposes of subsection (3), the average monthly pensionable earnings of a contributor who is deemed to have become disabled for the purposes of this Act in 1997 is, subject to subsections 48(2) and (4), the amount obtained by dividing

    • (a) the contributor’s total pensionable earnings

    by

    • (b) the total number of months in the contributor’s contributory period or 24, whichever is greater.

  • Marginal note:Contributory period

    (5) For the purposes of subsection (4), the contributory period of a contributor is the period

    • (a) commencing January 1, 1966 or when he reaches eighteen years of age, whichever is the later, and

    • (b) ending with the month in which he is determined to have become disabled for the purpose of paragraph 44(1)(b),

    but excluding

    • (c) any month that was excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, and

    • (d) in relation to any benefits payable under this Act for any month after December, 1977, any month for which the contributor was a family allowance recipient in a year for which the contributor’s base unadjusted pensionable earnings were equal to or less than the contributor’s basic exemption for the year.

  • Marginal note:If division of unadjusted pensionable earnings occurs

    (6) The amount of the portion of the contributor’s retirement pension that is to be used for the purpose of subparagraph (1)(b)(i), in the case of a contributor in respect of whom a division of unadjusted pensionable earnings takes place either before or after the commencement of the disability pension, if the division reduces the disability pension otherwise payable, is to be calculated by dividing

    • (a) the aggregate of

      • (i) the amount of the portion of the contributor’s retirement pension, which amount is calculated in accordance with subsections (3), (4), (4.1) and (5) before the division, multiplied by the aggregate of

        • (A) the number of months that have been excluded from the contributor’s contributory period under this Act or a provincial pension plan by reason of disability, and

        • (B) the number of months remaining until the month in which the contributor reaches sixty-five years of age, and

      • (ii) the amount of the portion of the contributor’s retirement pension, which amount is calculated in accordance with subsections (3), (4), (4.1) and (5) following the division, multiplied by the number of months in the contributor’s contributory period calculated in accordance with subsection (5)

    by

    • (b) the aggregate of

      • (i) the number of months that have been excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability,

      • (ii) the number of months remaining until the month in which the contributor reaches sixty-five years of age, and

      • (iii) the number of months in the contributor’s contributory period calculated in accordance with subsection (5).

  • R.S., 1985, c. C-8, s. 56;
  • R.S., 1985, c. 30 (2nd Supp.), s. 24;
  • 1991, c. 44, s. 10;
  • 1997, c. 40, s. 74;
  • 2016, c. 14, s. 31.
 
Date modified: