Marginal note:Agreements respecting the apportionment of payments
80.1 (1) The Minister may, with the approval of the Governor in Council, on behalf of the Government of Canada enter into an agreement with any person or body responsible for the administration of
(a) any other Act of Parliament,
(b) an Act of the legislature of a province, or
(c) a federal or provincial activity established other than under an Act of Parliament or of the legislature of a province,
that provides for periodic payments to persons in respect of accidents, injuries, illnesses and occupational diseases for the purpose of limiting the total amount that is payable to a beneficiary as a disability benefit under this Act and as periodic payments under that other law or activity.
Marginal note:Apportionment of payments
(2) The agreement shall provide rules for determining how much, if any, of the total amount payable to a beneficiary shall be payable under this Act and how much, if any, shall be payable under that other law or activity.
Marginal note:Effect of agreement
(3) Notwithstanding anything in this Act, but subject to subsection (4), where an agreement entered into pursuant to subsection (1) applies in respect of a beneficiary, the only amounts that may be payable as disability benefits to the beneficiary under this Act are the amounts provided for by the agreement.
(4) An agreement may not
(a) change a person’s eligibility to receive a benefit as a disabled contributor’s child or the amount of that benefit;
(b) change the determination of months that are excluded from a beneficiary’s contributory period by reason of disability;
(c) result in a beneficiary receiving, in respect of any month, disability benefits under this Act and payments under the other law or activity that are less than the disability benefits that would be otherwise payable under this Act for the month if there were no such agreement; or
(d) result in a beneficiary receiving, in respect of any month, disability benefits under this Act that are greater than the disability benefits that would otherwise be payable under this Act if there were no agreement.
- 1997, c. 40, s. 83.
Division FReconsiderations and Appeals
Marginal note:Appeal to Minister
81. (1) Where
(a) a spouse, former spouse, common-law partner, former common-law partner or estate is dissatisfied with any decision made under section 55, 55.1, 55.2 or 55.3,
(b) an applicant is dissatisfied with any decision made under section 60,
(c) a beneficiary is dissatisfied with any determination as to the amount of a benefit payable to the beneficiary or as to the beneficiary’s eligibility to receive a benefit,
(d) a beneficiary or the beneficiary’s spouse or common-law partner is dissatisfied with any decision made under section 65.1, or
(e) a person who made a request under section 70.1, a child of that person or, in relation to that child, a person or agency referred to in section 75 is dissatisfied with any decision made under section 70.1,
the dissatisfied party or, subject to the regulations, any person on behalf thereof may, within ninety days after the day on which the dissatisfied party was notified in the prescribed manner of the decision or determination, or within such longer period as the Minister may either before or after the expiration of those ninety days allow, make a request to the Minister in the prescribed form and manner for a reconsideration of that decision or determination.
Marginal note:Reconsideration where penalty assessed
(1.1) A person to whom a penalty has been assessed under section 90.1 or, subject to the regulations, any person on their behalf, who is dissatisfied with the decision to impose a penalty or with the amount of the penalty may, within 90 days after the day on which the person is notified in the prescribed manner of the decision or determination, or within any longer period that the Minister may, either before or after the expiration of those 90 days, allow, request, in the prescribed form and manner, that the Minister reconsider that decision or determination.
Marginal note:Reconsideration by Minister and decision
(2) The Minister shall reconsider without delay any decision or determination referred to in subsection (1) or (1.1) and may confirm or vary it, and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable, and shall notify in writing the party who made the request under subsection (1) or (1.1) of the Minister’s decision and of the reasons for it.
Marginal note:Rescission or amendment of decision
(3) The Minister may, on new facts, rescind or amend a decision made by him or her under this Act.
- R.S., 1985, c. C-8, s. 81;
- R.S., 1985, c. 30 (2nd Supp.), s. 45;
- 1991, c. 44, s. 20;
- 1995, c. 33, s. 34;
- 1997, c. 40, s. 84;
- 2000, c. 12, s. 59;
- 2004, c. 22, s. 21;
- 2012, c. 19, s. 228.
- Date modified: