Erroneous Advice or Administrative Error
Marginal note:Where person denied benefit due to departmental error, etc.
32 Where the Minister is satisfied that, as a result of erroneous advice or administrative error in the administration of this Act, any person has been denied a benefit, or a portion of a benefit, to which that person would have been entitled under this Act, the Minister shall take such remedial action as the Minister considers appropriate to place the person in the position that the person would be in under this Act had the erroneous advice not been given or the administrative error not been made.
- R.S., 1985, c. O-9, s. 32;
- 1995, c. 33, s. 18.
Availability of Information
mise en oeuvre
administration includes the development, operation, evaluation and enforcement of policies and programs. (mise en oeuvre)
federal institution means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act. (institution fédérale)
public officer means an officer or employee of a federal institution, or a prescribed individual or a member of a prescribed class of individuals. (fonctionnaire public)
(2) The definition of a word or expression in subsection (1) does not affect its interpretation in any other provision of this Act.
- R.S., 1985, c. O-9, s. 33;
- 1991, c. 44, s. 32;
- 1992, c. 24, s. 17, c. 48, s. 29;
- 1995, c. 33, s. 20;
- 1996, c. 11, ss. 76, 97, 101, c. 16, s. 61, c. 18, ss. 55, 58, c. 21, s. 74;
- 1997, c. 40, s. 102;
- 2003, c. 22, s. 178;
- 2005, c. 35, s. 55;
- 2012, c. 19, s. 299.
33.01 [Repealed, 2012, c. 19, s. 299]
33.02 [Repealed, 2012, c. 19, s. 299]
33.03 [Repealed, 2012, c. 19, s. 299]
33.04 [Repealed, 2012, c. 19, s. 299]
33.05 [Repealed, 2012, c. 19, s. 299]
33.06 [Repealed, 2012, c. 19, s. 299]
33.07 [Repealed, 2012, c. 19, s. 299]
33.08 [Repealed, 2012, c. 19, s. 299]
33.09 [Repealed, 2012, c. 19, s. 299]
Marginal note:Information obtained under other Acts
33.1 Despite any other Act or law,
(a) the Minister of National Revenue or any person that he or she designates may make available to the Minister, or to a public officer of the Department of Employment and Social Development that is designated by the Minister, a report providing information that is available to the Minister of National Revenue, if the information is necessary for the administration of this Act;
(b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister, or to a public officer of the Department of Employment and Social Development, any information that was obtained in the administration of the Citizenship Act or the Immigration and Refugee Protection Act, if the information is necessary for the administration of this Act; and
(c) the Commissioner of Corrections or staff members of the Correctional Service of Canada may make available to the Minister or a public officer of the Department of Employment and Social Development any personal information that was obtained in the administration of the Corrections and Conditional Release Act, if the information is necessary for the administration of this Act.
- 1997, c. 40, s. 102;
- 2012, c. 19, s. 299;
- 2013, c. 40, s. 237.
33.11 [Repealed, 2012, c. 19, s. 299]
33.12 [Repealed, 2012, c. 19, s. 299]
33.13 [Repealed, 2012, c. 19, s. 299]
34 The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without restricting the generality of the foregoing, may make regulations
(a) prescribing the manner of making any application, statement or notification required or permitted by this Act, the information and evidence to be made available or allowed to be made available in connection therewith and the procedure to be followed in dealing with and approving applications;
(b) prescribing the manner in which the average of the Consumer Price Index for any period of months shall be determined and the manner in which any such average that is determined to be a fraction of a whole number shall be expressed;
(c) defining the expression “pension income” for the purposes of section 14;
(d) for determining, for the purposes of any provision of section 14, the month in which or the month immediately before the month in which an applicant or an applicant’s spouse or common-law partner ceased to hold an office or employment, ceased to carry on a business or suffered a loss of income due to termination or reduction of pension income;
(e) prescribing the circumstances that shall be deemed to constitute, or prescribing what shall be or shall be deemed to be, an application by or on behalf of persons who are qualified for a pension under this Act and who, on or before December 31, 1951, applied for or were granted a pension as defined in the Old Age Pensions Act, chapter 156 of the Revised Statutes of Canada, 1927, and prescribing the time at which such applications shall be deemed to have been made or approved;
(f) prescribing the information and evidence to be made available or allowed to be made available by beneficiaries and the circumstances and form in which the information or evidence shall be submitted;
(g) providing for the assignment of Social Insurance Numbers by the Minister to applicants and beneficiaries, and to the spouses or common-law partners of applicants and beneficiaries, to whom such numbers have not earlier been assigned;
(h) defining residence and presence in Canada and defining intervals of absence from Canada that shall be deemed not to have interrupted residence or presence in Canada;
(i) providing, in the case of an allowance the amount of which is less than such amount not exceeding two dollars as may be prescribed in the regulations, for the payment of the allowance to the beneficiary at such intervals less frequently than monthly as may be prescribed in the regulations, or for the payment monthly of the prescribed amount to the beneficiary;
(j) providing for the suspension of payment of a benefit during an investigation into the eligibility of the beneficiary and the reinstatement or resumption of the payment thereof;
(k) prescribing the circumstances in which the spouse or common-law partner of a pensioner shall be deemed to be separated from the pensioner for the purposes of paragraph 19(1)(a) and subsection 19(5);
(l) prescribing the circumstances in which a pensioner shall be deemed to be separated from the pensioner’s spouse for the purposes of subsections 15(4.1) and (6.1);
(m) prescribing the manner in which any amount required by this Act to be deducted and retained out of any benefit payment shall be so deducted and retained;
(m.1) setting out the circumstances in which the Minister may allow a longer period to make a request under subsection 27.1(1) or (1.1);
(n) prescribing the procedure to be followed on any reference under subsection 28(2);
(o) providing for the making of any application or statement, or the doing of any other act or thing required or permitted by this Act, by any person or agency, and for the payment of a benefit to any person or agency, on behalf of any other person or beneficiary if it is established in any manner and by any evidence that may be prescribed by the regulations that the other person or beneficiary is, by reason of infirmity, illness, insanity or other cause, incapable of managing their own affairs, and prescribing the manner in which any benefit authorized to be paid to the person or agency shall be administered and expended for the benefit of the other person or beneficiary and accounted for;
(p) providing events for the purposes of subsections 11(8), 19(6.2) and 21(9.1); and
(q) prescribing anything that must or may be prescribed by regulations made under this Act.
(r) and (s) [Repealed, 2012, c. 19, s. 237]
- R.S., 1985, c. O-9, s. 34;
- R.S., 1985, c. 34 (1st Supp.), s. 9, c. 1 (4th Supp.), s. 28;
- 1995, c. 33, s. 21;
- 1996, c. 18, s. 56;
- 1998, c. 21, s. 117;
- 2000, c. 12, ss. 204, 207, 209(E);
- 2007, c. 11, s. 26;
- 2012, c. 19, s. 237.
- Date modified: