Determination by the Minister
63. (1) Where a determination is made by the Minister as to whether a person is the spouse, common-law partner, child or parent of an applicant, a contributor or another person subject to a division or whether a person is deceased, the determination shall be made by the Minister on the basis of the information provided to the Minister pursuant to subsection (2) or (3), as the case may be, and any other information that the Minister may obtain.
(2) The applicant or beneficiary shall provide to the Minister any certificate of marriage, birth, baptism or death, as the case may be, that may enable the Minister to make a determination referred to in subsection (1).
(3) If a certificate referred to in subsection (2) is not available or is not adequate for the purpose of making the determination, the applicant or beneficiary shall provide to the Minister, at the Minister’s request, any documentary or other information that is available with respect to the subject of the determination.
- SOR/86-1133, s. 13;
- SOR/96-522, s. 23;
- SOR/2000-411, s. 10;
- SOR/2002-221, s. 2(F).
Payment of Death Benefit to Other than Estates
64. (1) When paragraph 71(2)(a) of the Act applies or when the estate of a deceased contributor has not applied for the death benefit within the interval of 60 days after the contributor’s death, or when the amount of the death benefit is less than two thirds of 10% of the Year’s Maximum Pensionable Earnings for the year in which the contributor died, in the case of a death that occurred before January 1, 1998, or less than $2,387, in the case of a death that occurred after December 31, 1997, a direction under subsection 71(2) of the Act may, subject to subsections (2) and (3), be given for payment of the death benefit
(a) to the individual or institution who has paid or is responsible for the payment of the deceased contributor’s funeral expenses;
(b) in the absence of an individual or institution described in paragraph (a), to the survivor of the deceased contributor; or
(c) in the absence of an individual or institution referred to in paragraph (a) and a survivor referred to in paragraph (b), to the next of kin of the deceased contributor.
(2) No amount in excess of the actual funeral expenses shall be paid pursuant to paragraph (1)(a).
(3) Where, by virtue of subsection (2), an amount paid pursuant to paragraph (1)(a) is less than the amount of the death benefit, a direction pursuant to subsection (1), in so far as it relates to the remainder of the death benefit, may be given as if in the absence of an individual or institution described in that paragraph.
- SOR/86-1133, s. 14;
- SOR/90-829, s. 27;
- SOR/96-522, s. 15(E);
- SOR/99-192, s. 6;
- SOR/2000-411, ss. 11, 18.
Whole or Substantial Maintenance
65. For the purposes of subsection 42(1) of the Act, “wholly or substantially”, with reference to the maintenance of one or more dependent children of a deceased contributor, means that the survivor of that contributor provides more than 50 per cent of the maintenance provided for such children by all persons other than such children or any other dependent child of that contributor.
- SOR/90-829, s. 28;
- SOR/2000-411, s. 18.
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