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An Act to amend the Canada Pension Plan and the Old Age Security Act (S.C. 2007, c. 11)

Assented to 2007-05-03

R.S., c. O-9OLD AGE SECURITY ACT

29. Subsection 39(2) of the Act is replaced by the following:

  • 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.

30. Subsection 42(1) of the Act is replaced by the following:

Marginal note:Tabling order

  • 42. (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.

31. The heading before section 44 of the Act is replaced by the following:

Offences

32. The Act is amended by adding the following after section 44:

Administrative Monetary Penalties

  • 33. (1) The portion of subsection 44.1(1) of the French version of the Act before paragraph (a), as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is replaced by the following:

    Marginal note:Pénalités

    • 44.1 (1) S’il prend connaissance de faits qui, à son avis, démontrent qu’une personne a commis l’un des actes ou omissions ci-après, le ministre peut lui infliger une pénalité pour chacun de ces actes ou omissions :

  • (2) Paragraph 44.1(1)(d) of the Act, as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is replaced by the following:

    • (d) received or obtained by cheque or otherwise a benefit payment to which the person knew that they were not entitled, or a benefit payment that the person knew was in excess of the amount of the benefit payment to which they were entitled, and did not return the cheque or the amount of the benefit payment, or the excess amount, as the case may be, without delay; or

  • (3) Paragraph 44.1(1)(e) of the French version of the Act, as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is replaced by the following:

    • e) participer, consentir ou acquiescer à la commission de tout acte ou omission visé à l’un ou l’autre des alinéas a) à d).

  • (4) Section 44.1 of the Act, as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is amended by adding the following after subsection (1):

    • Marginal note:Purpose of penalty

      (1.1) The purpose of the penalty is to promote compliance with this Act and not to punish.

  • (5) Subsection 44.1(4) of the Act, as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is replaced by the following:

    • Marginal note:Rescission, etc., of penalty

      (4) The Minister may rescind the imposition of a penalty under subsection (1), or reduce the penalty,

      • (a) on the presentation of new facts;

      • (b) on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact;

      • (c) on being satisfied that the penalty cannot be collected within the reasonably foreseeable future; or

      • (d) on being satisfied that payment of the penalty would cause undue hardship to the debtor.

34. The Act is amended by adding the following before section 44.2:

Administration and Enforcement

35. The Act is amended by adding the following after section 46:

Marginal note:Electronic means

46.1 The Minister may use electronic means to create, communicate, make available, collect, receive, store or otherwise deal with documents or information under this Act.

TRANSITIONAL PROVISIONS

Marginal note:Application of subparagraph 44(2)(a)(i.1)

  • 36. (1) Subparagraph 44(2)(a)(i.1) of the Canada Pension Plan, as enacted by section 2, applies in respect of an application for a disability pension made in or after the month in which that section comes into force.

  • Marginal note:Limitation

    (2) However, in the case of a contributor referred to in subparagraph 44(1)(b)(ii) of the Canada Pension Plan, subparagraph 44(2)(a)(i.1) of that Act, as enacted by section 2, applies only if the contributor is deemed to have become disabled no earlier than 15 months before the month in which that section comes into force.

Marginal note:Continued application

37. Subparagraphs 11(7)(e)(ii), 19(6)(d)(ii) and 21(9)(c)(ii) of the Old Age Security Act, as they read immediately before the day on which this Act receives royal assent, continue to apply to any person who, before that day, is a beneficiary of a supplement or an allowance under that Act or has made an application for payment of a supplement or an allowance under that Act.

Marginal note:Continued application

38. Section 29 of the Old Age Security Act, as it read immediately before the day on which this Act receives royal assent, continues to apply in respect of any application made under that section before that day.

COMING INTO FORCE

Marginal note:Subsection 114(2) of the Canada Pension Plan

  • 39. (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in sections 2, 12 to 14 and 36 of this Act.

  • Marginal note:Subsection 114(4) of the Canada Pension Plan

    (2) Sections 2, 12 to 14 and 36 of this Act come into force in accordance with subsection 114(4) of the Canada Pension Plan.

  • Marginal note:Order in Council

    (3) Subsection 4(2), sections 6 and 7, subsections 17(2) and 28(2) and sections 32 and 33 of this Act come into force on a day or days to be fixed by order of the Governor in Council.

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