Canada Pension Plan Regulations (C.R.C., c. 385)

• 17. (1) Notwithstanding sections 18, 19, 20 and 21, employment in international transportation described in those sections is not pensionable employment unless it is employment that would be pensionable employment if it were wholly within Canada.

• (2) Employment in international transportation, except employment therein that is included in pensionable employment by section 18, 19, 20, or 22, is excepted from pensionable employment.

• 18. (1) Where an employer operating in Canada employs persons in international transportation on a ship that is operated under agreement entered into in Canada with the crew, pensionable employment includes

  • (a) when that ship is engaged on a foreign voyage or a home-trade voyage, the employment thereon of any person who has a place of domicile in Canada as defined in subsection (3); and

  • (b) when that ship is engaged on a voyage other than a foreign voyage or a home-trade voyage, all persons employed thereon.

• (2) Where an employer operating in Canada employs persons in international transportation on a ship that is not operating under an agreement with the crew, pensionable employment includes all employment on the ship if it is being operated mainly in and near Canada.

• (3) For the purposes of this section, a person has a place of domicile in Canada if

  • (a) he is a Canadian citizen; or

  • (b) he is an immigrant who has previously made a landing in Canada and who has a place in Canada (other than a place in which he stays for a special or temporary purpose) to which he returns from time to time as his place of permanent abode.

• (4) In this section,

  • (a) the expressions “agreement with the crew”, “foreign voyage” and “home-trade voyage” have the same meaning as in the Canada Shipping Act;

  • (b) the expression “Canadian citizen” has the same meaning as in the Citizenship Act; and

  • (c) the words “immigrant” and “landing” have the same meaning as in the Immigration and Refugee Protection Act.

19. Pensionable employment includes employment in international transportation on an aircraft used in the operation of a commercial air service by a person who is classified under the Air Carrier Regulations as an international air carrier and as a domestic air carrier.

• 20. (1) Pensionable employment includes, in the case of employment in international transportation on a freight or passenger train operated by a railway company whose principal place of business is in Canada, that part of the employment of a person that is determined by the employer (on a basis approved by the Minister) to be in respect of employment in Canada.

• (2) Pensionable employment includes, in the case of employment in international transportation on a freight or passenger train operated by a railway company whose principal place of business is outside Canada, that part of the employment of a person who is resident in Canada that is determined by the employer (on a basis approved by the Minister) to be in respect of employment in Canada.

• (3) In this section, the expression “railway company” has the same meaning as in the Railway Act.