Old Age Security Regulations (C.R.C., c. 1246)

Legal Residence

• 22 (1) For the purposes of subsections 4(1), 19(2) and 21(2) of the Act, legal residence, with respect to a person described in any of those subsections, means that, on the applicable day specified in paragraph (a) or (b) of those subsections, that person

  • (a) is or was lawfully in Canada pursuant to the immigration laws of Canada in force on that day;

  • (b) is or was a resident of Canada and is or was absent from Canada, but

    • (i) is deemed, pursuant to subsection 21(4) or (5) or under the terms of an agreement entered into under subsection 40(1) of the Act, not to have interrupted the person’s residence in Canada during that absence, and

    • (ii) was lawfully in Canada pursuant to the immigration laws of Canada immediately prior to the commencement of the absence; or

  • (c) is not or was not resident of Canada but is deemed, pursuant to subsection 21(3) or under the terms of an agreement entered into under subsection 40(1) of the Act, to be or to have been resident in Canada.

• (2) For the purposes of section 4.1 of the Act as it relates to the requirement of paragraph 4(1)(a) of the Act, the prescribed information is both

  • (a) a current address in Canada; and

  • (b) the information that is referred to in

    • (i) paragraph 21(8)(a), in the case of a person who is in receipt of or has been approved for a retirement, disability or survivor’s pension under the Canada Pension Plan or a retirement, disability or surviving spouse’s pension under An Act respecting the Québec Pension Plan, CQLR, c. R-9, or

    • (ii) paragraph 21(8)(b), in the case of a person who is not in receipt of and has not been approved for a retirement, disability or survivor’s pension under the Canada Pension Plan or a retirement, disability or surviving spouse’s pension under An Act respecting the Québec Pension Plan, CQLR, c. R-9.

Application of International Agreements

22.01 The agreements referred to in the schedule, which were entered into under subsection 40(1) of the Act for the making of reciprocal arrangements relating to the administration or operation of the Act, shall, in order to give full effect to the Act, be applied in Canada in a manner that extends to common-law partners the treatment afforded to spouses.

Sponsorship Immigrants

• 22.1 (1) For the purposes of subsections 11(8), 19(6.2) and 21(9.1) of the Act, the following are events in relation to a sponsor referred to in those subsections:

  • (a) the death of the sponsor;

  • (b) the sponsor’s conviction of an offence under the Criminal Code relating to the sponsored individual;

  • (c) a determination that the sponsor is a bankrupt as defined in section 2 of the Bankruptcy and Insolvency Act; and

  • (d) the sentencing of the sponsor to a term of imprisonment of more than six months.

• (2) Subsection (1) applies to a sponsor

  • (a) whose undertaking in respect of a pensioner, the spouse or common-law partner of a pensioner, or a survivor, as the case may be, was in effect on or after March 7, 1996; and

  • (b) to whom an event referred to in any of paragraphs (1)(a) to (d) occurred on or after March 7, 1996.

Further Information and Investigation Before or After the Approval of an Application or Before or After the Requirement of an Application Is Waived

• 23 (1) The Minister, at any time before or after approval of an application or after the requirement for an application is waived, may require the applicant, the person who applied on the applicant’s behalf, the beneficiary or the person who receives payment on the applicant’s behalf, as the case may be, to make available or allow to be made available further information or evidence regarding the eligibility of the applicant or the beneficiary for a benefit.

• (2) The Minister may at any time make an investigation into the eligibility of a person to receive a benefit including the capacity of a beneficiary to manage his own affairs.

Payment to Person other than Beneficiary

• 24 (1) Where a person or agency provides evidence satisfactory to the Minister that a beneficiary, by reason of infirmity, illness, insanity or other cause, is incapable of managing his own affairs, the Minister may direct the benefit to be paid on behalf of such beneficiary

  • (a) to any person or agency that the Minister is satisfied is authorized by or pursuant to any law of Canada or of a province to manage the affairs of that beneficiary; or

  • (b) where the Minister is not satisfied that any person or agency is so authorized, to any person or agency that the Minister may appoint for such purpose and that has entered into an agreement with the Minister to administer and expend the benefit on behalf of that beneficiary in accordance with the terms of the agreement.

• (2) The Minister shall furnish to a person or agency appointed under subsection (1) to receive a benefit such directions regarding the administration and expenditure of the benefit as the Minister considers in the best interests of the beneficiary.

• (3) Any person or agency appointed under subsection (1) shall account for the benefit payments received and the disbursements made, the account to be in such form and to be made at such times as the Minister may require.

• (4) Where a benefit is paid to any person or agency to be administered and expended for and on behalf of a beneficiary, the notices required by section 25 shall be given by such person or agency.

• (5) A benefit payment may be made to the estate of a deceased beneficiary or, if there is no estate, to a person or agency designated by the Minister, where

  • (a) an amount is payable as a benefit to the deceased beneficiary; or

  • (b) a benefit payment made to the beneficiary or made on behalf of the beneficiary by cheque or otherwise is returned to the Minister after the beneficiary’s death.

Notices by or on Behalf of an Applicant or Beneficiary

• 25 (1) Where an applicant or a beneficiary has absented himself from Canada for a period in excess of one month, he shall forthwith give notice thereof to the Minister and within one month of his return to Canada shall notify the Minister of his return.

• (2) An applicant or a beneficiary shall notify the Minister of the address to which his benefit is to be sent and, in the event of any change of such address, shall forthwith notify the Minister of the change.

• (3) Where joint applicants for an allowance become separated, the beneficiary and the pensioner shall immediately notify the Minister thereof.

• (4) Where the beneficiary of an allowance dies, the pensioner shall immediately notify the Minister thereof.

• (5) [Repealed, SOR/81-285, s. 7]

Suspension of Payments

• 26 (1) The Minister shall suspend the payment of a benefit in respect of any beneficiary where it appears to him that the beneficiary is ineligible for payment of the benefit and may suspend the payment where it appears to him that further inquiry into the eligibility of the beneficiary is necessary, and such suspension shall continue until evidence satisfactory to the Minister is given that the beneficiary is eligible for the benefit.

• (2) When payment of any benefit that has been suspended under subsection (1) is resumed, the Minister shall cause payment of the benefit to be made for any portion of the period of suspension during which the beneficiary was eligible for benefit.

Cancellation of Pension or Supplement

• 26.1 (1) For the purposes of subsections 9.3(1) and 18.2(1) of the Act, a request for cancellation of a pension or supplement shall be made to the Minister in writing no later than six months after the day on which payment of the pension or supplement, as the case may be, begins.

• (2) For the purposes of subsection 9.3(2) of the Act, the amount of any pension and related supplement or allowance shall be repaid no later than six months after the day on which the request is granted.

• (3) For the purposes of subsection 18.2(2) of the Act, the amount of any supplement and related allowance shall be repaid no later than six months after the day on which the request is granted.

Recovery of Overpayments

27 For the purpose of subsection 37(2.1) of the Act, an amount of indebtedness that is owing may be deducted and retained out of the whole or any portion of a benefit that is payable to the person or the person’s estate or succession, under this Act or any other Act or program administered by the Minister, that will recover the overpayment in a single payment or in instalments, in any amount that does not cause undue hardship to the person or the person’s estate or succession.

28 [Repealed, SOR/99-193, s. 2]

Deductions from Benefits

• 28.1 (1) For the purposes of subsection 36(2) of the Act, the Minister may make a deduction from a benefit payable under the Act if

  • (a) the provincial authority or the municipal authority that paid the advance, assistance or welfare payments submits a record of the payment to the Minister, together with an irrevocable consent to the deduction signed by the person receiving the payment;

  • (b) the record and consent referred to in paragraph (a) are received by the Minister prior to the expiration of one year after the day on which the consent is signed;

  • (c) the Minister and the provincial authority or the municipal authority that paid the advance, assistance or welfare payment referred to in paragraph (a) have concluded an agreement in respect of the procedure to be followed in submitting records and consents; and

  • (d) the amount deducted exceeds $50.

• (2) For the purpose of subsection 36(2) of the Act, if, for any reason, no deduction has been made or a deduction and payment have been made by the Minister for an amount that is less than the amount that might have been paid under that subsection, the Minister shall not authorize any other deduction and payment.

28.2 [Repealed, SOR/2013-20, s. 7]

28.3 [Repealed, SOR/2013-20, s. 7]

28.4 [Repealed, SOR/2013-20, s. 7]

PART IIReconsiderations

Request for Reconsideration

29 A request for a reconsideration under section 27.1 of the Act shall be made in writing and be conveyed to the Minister and shall set out

• (a) the name, address and Social Insurance Number or Account Number of the person; and

• (b) the grounds for the request for a reconsideration and a statement of the facts that form the basis of that request.

• 29.1 (1) For the purposes of subsection 27.1(1) and (1.1) of the Act and subject to subsection (2), the Minister may allow a longer period to make a request for reconsideration of a decision or determination if the Minister is satisfied that there is a reasonable explanation for requesting a longer period and the person has demonstrated a continuing intention to request a reconsideration.

• (2) The Minister must also be satisfied that the request for reconsideration has a reasonable chance of success, and that no prejudice would be caused to the Minister or a party by allowing a longer period to make the request, if the request for reconsideration

  • (a) is made after the 365-day period after the day on which the person is notified in writing of the decision or determination; or

  • (b) is made by a person who has applied again for the same benefit.

• (3) The Minister may take any necessary steps to obtain information that the Minister may require to decide whether to allow a longer period to make a request for reconsideration.

30 to 37 [Repealed, SOR/96-521, s. 18]

Reference to Tax Court of Canada

38 If a ground of appeal referred to in subsection 28(2) of the Act is set out in an appeal brought under subsection 28(1) of the Act, the Social Security Tribunal must

• (a) notify the appellant and the Minister that the appeal on that ground has been referred to the Court for decision under subsection 28(2) of the Act; and

• (b) transmit to the Registrar of the Court a copy of the documents filed in the appeal that are relevant to the ground of appeal referred to in subsection 28(2) of the Act.

• 38.1 (1) Where an appeal is made in relation to a reference under subsection 28(2) of the Act and the Minister is of the opinion that a person other than the appellant may be directly affected by the decision of the Court, the Minister shall so notify the Social Security Tribunal.

• (2) On notification, the Social Security Tribunal shall so notify the Registrar of the Court and the Registrar shall add that person as a party to the appeal.

• 39 (1) The Registrar of the Court, on receipt of the documents transmitted by the Social Security Tribunal pursuant to paragraph 38(b), shall immediately notify the Chief Judge of the Court, the Social Security Tribunal, the Minister and any person added as a party to the appeal of that receipt.

• (2) When the Chief Judge of the Court is notified pursuant to subsection (1), the Chief Judge shall appoint a judge of the Court to hear the reference.

Date and Place of Reference

• 40 (1) The Registrar of the Court, in consultation with the judge of the Court appointed pursuant to subsection 39(2) to hear the reference, shall fix the date, time and place for the hearing of the reference.

• (2) The hearing of a reference shall be held in the city, town or village in which or nearest to which the appellant is ordinarily resident unless the appellant consents in writing to the hearing being held at some other place.

• (3) The Registrar of the Court shall, by registered mail, notify the appellant, the Social Security Tribunal, the Minister and any person added as a party to the appeal of the date, place and time fixed for the hearing of the reference.

Procedure before Tax Court of Canada

• 41 (1) Proceedings before the Court shall be informal and shall be conducted in a summary manner.

• (2) The judge appointed pursuant to subsection 39(2), subject to the right of all parties or their representatives to be heard, shall determine the procedure to be followed at the hearing of the reference.