Old Age Security Act (R.S.C., 1985, c. O-9)

Act current to 2017-11-06 and last amended on 2017-01-01. Previous Versions

Oaths and Affidavits

Marginal note:Commissioners for oaths, etc.
  •  (1) Any officer or employee of Her Majesty who is authorized by the Minister for the purpose may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for taking affidavits.

  • Marginal note:Acceptance of oaths, etc.

    (2) The Minister may accept, for the purposes of the administration of this Act or the regulations, any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits.

  • R.S., 1985, c. O-9, s. 38;
  • 1995, c. 33, s. 24;
  • 2003, c. 22, s. 179.

Agreements

Marginal note:Payment of provincial benefit
  •  (1) Where a province provides benefits similar to or as a supplement to benefits payable under this Act for a pensioner or a pensioner’s spouse or common-law partner within that province, the Minister may, with the approval of the Governor in Council, enter into an agreement with the government of that province whereby the provincial benefit that is payable to a pensioner or a pensioner’s spouse or common-law partner may be included with the amount of the benefit under this Act and paid on behalf of the government of that province in such manner as the agreement may provide.

  • Marginal note:Administration of provincial benefits

    (1.1) The agreement may provide for the Minister to administer the provincial benefits on behalf of the government of that province in accordance with the terms and conditions set out in the agreement.

  • Marginal note:Province to reimburse expenses

    (2) It shall be a term of the agreement that the government of the province that is a party to the agreement shall reimburse the Minister for the expenses incurred by the Minister under that agreement.

  • R.S., 1985, c. O-9, s. 39;
  • 2000, c. 12, s. 205;
  • 2007, c. 11, s. 29.
Marginal note:Reciprocal arrangements re administration, etc.
  •  (1) Where, under any law of a country other than Canada, provision is made for the payment of old age or other benefits including survivors’ or disability benefits, the Minister may, on behalf of the Government of Canada, on such terms and conditions as may be approved by the Governor in Council, enter into an agreement with the government of that country for the making of reciprocal arrangements relating to the administration or operation of that law and of this Act, including, without restricting the generality of the foregoing, arrangements relating to

    • (a) the exchange of such information obtained under that law or this Act as may be necessary to give effect to any such arrangements;

    • (b) the administration of benefits payable under this Act to persons resident in that country, the extension of benefits under that law or this Act to persons employed in or resident in that country and the increase or decrease in the amount of the benefits payable under that law or this Act to persons employed in or resident in that country;

    • (c) the administration of benefits payable under that law to persons resident in Canada, the extension of benefits under that law or this Act to persons employed in or resident in Canada and the increase or decrease in the amount of the benefits payable under that law or this Act to persons employed in or resident in Canada;

    • (d) the totalization of periods of residence and periods of contribution in that country and periods of residence in Canada; and

    • (e) the payment by that country and Canada respectively, where applicable as a result of totalization, of prorated benefits based on periods of residence and periods of contribution in that country and periods of residence in Canada.

  • Marginal note:Regulations for giving effect to agreements

    (2) For the purpose of giving effect to any agreement entered into under subsection (1), the Governor in Council may make such regulations respecting the manner in which this Act shall apply to any case or class of cases affected by the agreement, and for adapting this Act thereto, as appear to the Governor in Council to be necessary for that purpose, and any regulations so made may provide therein for the making of any financial adjustments required under the agreement and for the crediting or charging of the amount of any such adjustments to the Consolidated Revenue Fund.

  • 1976-77, c. 9, s. 13;
  • 1984, c. 27, s. 11.
Marginal note:Coming into force of agreements
  •  (1) The Governor in Council may, by order, declare any agreement entered into under section 40 to be in force and, when any such order comes into force, the agreement to which it relates has the force of law in Canada during such period as by the terms of the agreement it remains in force.

  • Marginal note:Publication

    (2) Notice of the day an agreement entered into under section 40 comes into force and of the day it ceases to be in force shall be given by proclamation of the Governor in Council published, with the text of the agreement, in the Canada Gazette.

  • 1976-77, c. 9, s. 13.
Marginal note:Tabling order
  •  (1) An order under section 41 shall be laid before each House of Parliament within the first 15 days on which that House is sitting after the order is made.

  • Marginal note:Coming into force of order

    (2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day after the order has been laid before Parliament a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.

  • Marginal note:Consideration of motion

    (3) Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection (2) with respect to a particular order referred to in subsection (1), that House shall, not later than the sixth sitting day of that House following the filing of the motion, in accordance with the rules of that House, unless a motion to the like effect has earlier been taken up and considered in the other House, take up and consider the motion.

  • Marginal note:Time for disposition of motion

    (4) A motion taken up and considered in accordance with subsection (3) shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth such hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith put, without further debate or amendment, every question necessary for the disposal of the motion.

  • Marginal note:Procedure on adoption of motion

    (5) If a motion taken up and considered in accordance with subsection (3) is adopted, with or without amendments, a message shall be sent from the House adopting the motion informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

  • Marginal note:Procedure in other House

    (6) Within the first fifteen days next after receipt by it of a request pursuant to subsection (5) that the House receiving the request is sitting, that House shall, in accordance with the rules thereof, take up and consider the motion that is the subject of the request and all questions in connection therewith shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth such hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith put, without further debate or amendment, every question necessary to determine whether or not the motion in question is concurred in.

  • Marginal note:Where motion adopted and concurred in

    (7) Where a motion taken up and considered in accordance with this section is adopted by the House in which it was introduced and is concurred in by the other House, the particular order to which the motion relates shall stand revoked but without prejudice to the making of a further order of a like nature to implement a subsequent agreement between the Government of Canada and the government of the country that was a party to the agreement to which the order related.

  • Marginal note:Where motion not adopted or concurred in

    (8) Where a motion taken up and considered in accordance with this section is not adopted by the House in which it was introduced or is adopted, with or without amendments, by that House but is not concurred in by the other House, the particular order to which the motion relates comes into force immediately on the failure to adopt the motion or concur therein, as the case may be.

  • Definition of expression sitting day

    (9) For the purposes of subsection (2), a day on which either House of Parliament sits shall be deemed to be a sitting day.

  • R.S., 1985, c. O-9, s. 42;
  • 2007, c. 11, s. 30.
Marginal note:Negative resolution of Parliament

 When each House of Parliament enacts rules whereby any regulation made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act may be made the subject of a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses, section 42 of this Act is thereupon repealed and an order made thereafter under section 41 is an order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act.

  • 1976-77, c. 9, s. 13.
 
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