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

Act current to 2014-09-01 and last amended on 2013-12-12. Previous Versions

Division CPayment of Benefits: General Provisions

Marginal note:Application for benefit
  •  (1) No benefit is payable to any person under this Act unless an application therefor has been made by him or on his behalf and payment of the benefit has been approved under this Act.

  • Marginal note:Application for post-retirement benefit deemed to be made

    (1.1) An application for a post-retirement benefit under subsection (1) is deemed to be made on January 1 of the year following the year of the unadjusted pensionable earnings referred to in section 76.1 if

    • (a) the person is a beneficiary of a retirement pension on that day; and

    • (b) the Minister has the information necessary to determine whether a post-retirement benefit is payable to them.

  • Marginal note:Application for benefit by estate, etc.

    (2) Notwithstanding anything in this Act, but subject to subsections (2.1) and (2.2), an application for a benefit, other than a death benefit, that would have been payable in respect of a month to a deceased person who, prior to the person’s death, would have been entitled on approval of an application to payment of that benefit under this Act may be approved in respect of that month only if it is made within 12 months after the death of that person by the estate, the representative or heir of that person or by any person that may be prescribed by regulation.

  • Marginal note:Certain applications may not be approved

    (2.1) An application referred to in subsection (2) in respect of a disability benefit may not be approved if the application is received after December 31, 1997.

  • Marginal note:Restriction — retirement pension

    (2.2) An application referred to in subsection (2) in respect of a retirement pension may only be approved in respect of a month after the deceased contributor had reached age 70.

  • Marginal note:Exception

    (3) Where a disabled contributor’s child’s benefit would, if the application had been approved, have been payable to a child of a disabled contributor on application made prior to the death of the child or an orphan’s benefit would, if the application had been approved, have been payable to an orphan of a contributor on application made prior to the death of the orphan and the child or orphan dies after December 31, 1977, not having reached eighteen years of age, and no application has been made at the time of the death of the child or orphan, an application may be made within one year after the death by the person or agency having custody and control of the child or orphan at the time of the death or, where there is at that time no person or agency having custody and control, by such person or agency as the Minister may direct.

  • Marginal note:Benefits payable to estate or other persons

    (4) Where an application is made pursuant to subsection (2) or (3), a benefit that would have been payable to a deceased person referred to in subsection (2) or a deceased child or orphan referred to in subsection (3) shall be paid to the estate or such person as may be prescribed by regulation.

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

    (5) Any application made pursuant to subsection (2) or (3) is deemed to have been received

    • (a) on the date of the death of a person who, prior to his death, would have been entitled, on approval of an application, to payment of a benefit under this Act; or

    • (b) on the date of the death of a child or an orphan referred to in subsection (3) where the person having custody and control of the child or orphan did not make an application prior to the death of the child or orphan.

  • Marginal note:How application to be made

    (6) An application for a benefit shall be made to the Minister in prescribed manner and at the prescribed location.

  • Marginal note:Consideration of application and approval by Minister

    (7) The Minister shall forthwith on receiving an application for a benefit consider it and may approve payment of the benefit and determine the amount thereof payable under this Act or may determine that no benefit is payable, and he shall thereupon in writing notify the applicant of his decision.

  • Marginal note:Incapacity

    (8) Where an application for a benefit is made on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that the person had been incapable of forming or expressing an intention to make an application on the person’s own behalf on the day on which the application was actually made, the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid 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:Idem

    (9) Where an application for a benefit is made by or on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that

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

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

    • (c) the application was made

      • (i) within the period that begins on the day on which that 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 that person had ceased to be so incapable,

    the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid 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:Period of incapacity

    (10) For the purposes of subsections (8) and (9), a period of incapacity must be a continuous period except as otherwise prescribed.

  • Marginal note:Application

    (11) Subsections (8) to (10) apply only to individuals who were incapacitated on or after January 1, 1991.

  • Marginal note:Making claim or providing information in person

    (12) The Minister may require an applicant or other person or a group or class of persons to be at a suitable place at a suitable time in order to make an application for benefits in person or to provide additional information about an application.

  • R.S., 1985, c. C-8, s. 60;
  • R.S., 1985, c. 30 (2nd Supp.), s. 28, c. 1 (4th Supp.), s. 44(E);
  • 1991, c. 44, s. 14;
  • 1997, c. 40, s. 77;
  • 2009, c. 31, s. 37.