Old Age Security Act (R.S.C., 1985, c. O-9)
Full Document:
Act current to 2012-05-14 and last amended on 2011-06-26. Previous Versions
Marginal note:Request that pension cease to be payable
9.1 (1) Any pensioner may make a request to the Minister in writing that their pension cease to be payable.
Marginal note:When pension ceases to be payable
(2) A pension shall cease to be payable on the last day of the month in which the Minister approves a request under subsection (1).
Marginal note:Request for reinstatement
(3) A pensioner whose pension has ceased to be payable under subsection (2) may make a request in writing to the Minister that their pension be reinstated.
Marginal note:When reinstatement effective
(4) A pension shall be reinstated and payment shall commence in the month following the month in which the Minister receives a request under subsection (3) or in the month chosen by the pensioner in the request, whichever is later.
- 1995, c. 33, s. 4.
Marginal note:Resumption of pension
9.2 Payment of a pension that is suspended by virtue of subsection 5(3) shall resume in respect of the month in which a pensioner is released but only after they notify the Minister in writing before or after their release.
- 2010, c. 22, s. 5.
PART II
MONTHLY GUARANTEED INCOME SUPPLEMENT
Interpretation
Marginal note:Definitions
10. The definitions in this section apply in this Part.
“base calendar year”
« année de référence »
“base calendar year” means the last calendar year ending before the current payment period.
“current payment period”
« période de paiement en cours »
“current payment period” means the payment period in respect of which an application for a supplement is made by an applicant.
“previous payment period”
« période de paiement précédente »
“previous payment period” means the payment period immediately before the current payment period.
- R.S., 1985, c. O-9, s. 10;
- 1998, c. 21, s. 106.
Supplement Payable
Marginal note:Supplement payable
11. (1) Subject to this Part and the regulations, for each month in any payment period, a monthly guaranteed income supplement may be paid to a pensioner.
Marginal note:Requirement for application
(2) Subject to subsection (4), no supplement may be paid to a pensioner for a month in any payment period unless an application for payment of a supplement has been made by the pensioner and payment of the supplement for months in that year has been approved under this Part.
Marginal note:Application deemed to be made and approved
(3) Where an allowance ceases to be payable to a person by reason of that person having reached sixty-five years of age, the Minister may deem an application under subsection (2) to have been made by that person and approved, on the day on which the person reached that age.
Marginal note:Waiver of application
(4) The Minister may waive the requirement referred to in subsection (2) for an application for payment of a supplement for any month or months in a payment period if an application for payment of a supplement has been made in respect of any payment period before that payment period.
Marginal note:Notice where subsequent application required
(5) Where the requirement for an application for payment of a supplement for any month or months in a payment period has been waived under subsection (4) and an application is required for payment of a supplement for any subsequent month or months in that payment period, the Minister shall, not later than fifteen days before that subsequent month or the first of those subsequent months, notify the pensioner in writing that an application is required.
Marginal note:Cancellation of waiver
(6) Notwithstanding that the requirement for an application for payment of a supplement for any month or months has been waived under subsection (4), the Minister may require that the pensioner make an application for payment of a supplement for that month or for any of those months, and in such a case, the Minister shall, not later than fifteen days before that month or the first of those months, notify the pensioner in writing that an application is required.
Marginal note:Limitations on payment of supplement
(7) No supplement may be paid to a pensioner for
(a) any month that is more than eleven months before the month in which the application is received or is deemed to have been made or in which the requirement for an application has been waived, as the case may be;
(b) any month for which no pension may be paid to the pensioner;
(c) any month throughout which the pensioner is absent from Canada having commenced to be absent from Canada either before or after becoming a pensioner and having remained outside Canada before that month for six consecutive months, exclusive of the month in which the pensioner left Canada;
(d) any month throughout which the pensioner is not resident in Canada, having ceased to reside in Canada, either before or after becoming a pensioner, six months before the beginning of that month; or
(e) any month during which the pensioner is
(i) a specially qualified individual, and
(ii) a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act.
Marginal note:Application of para. (7)(e)
(8) Paragraph (7)(e) does not apply to a pensioner where an event as provided by the regulations has occurred.
- R.S., 1985, c. O-9, s. 11;
- 1995, c. 33, s. 5;
- 1996, c. 18, s. 51;
- 1998, c. 21, ss. 107, 119;
- 2000, c. 12, s. 209(E);
- 2001, c. 27, s. 264;
- 2007, c. 11, s. 16.
