R.S., c. C-8Canada Pension Plan

Marginal note:1995, c. 33, s. 25

225. The definitions “Pension Appeals Board” and “Review Tribunal” in subsection 2(1) of the Canada Pension Plan are repealed.

Marginal note:2007, c. 11, s. 1

226. Section 4.1 of the Act is replaced by the following:

Marginal note:2009, c. 31, s. 30(1)

• 227. (1) Subsection 38(1) of the Act is replaced by the following:

  Marginal note:Refund of overpayment

  • 38. (1) If an overpayment has been made by an employee on account of the employee’s contribution under this Act for a year, the Minister must, if application in writing is made to the Minister by the employee not later than four years — or, in the case of an employee who, in respect of a disability pension, is notified after September 1, 2010 of a decision under subsection 60(7) or 81(2), a decision under subsection 82(11) or 83(11) as those subsections read immediately before their repeal or a decision under section 54 or 59 of the Department of Human Resources and Skills Development Act, 10 years — after the end of the year, refund to the employee the amount of the overpayment.

• Marginal note:2009, c. 31, s. 30(2)

  (2) Subsection 38(3) of the Act is replaced by the following:

  • Marginal note:Refund of excess — employee

    (3) Despite anything in this Part, if an employee applies to the Minister and satisfies the Minister that, for any year, the amount deducted from the employee’s remuneration exceeds the contribution for the year required of the employee under subsection 8(1), the Minister may refund the amount of the excess. The application must be made within four years — or, in the case of an employee who, in respect of a disability pension, is notified after September 1, 2010 of a decision under subsection 60(7) or 81(2), a decision under subsection 82(11) or 83(11) as those subsections read immediately before their repeal or a decision under section 54 or 59 of the Department of Human Resources and Skills Development Act, 10 years — after the end of the year.

• Marginal note:2010, c. 25, s. 70

  (3) Paragraph 38(4)(b) of the Act is replaced by the following:

  • (b) must make such a refund after sending the notice of assessment, if application is made in writing by the contributor not later than four years — or, in the case of a contributor who, in respect of a disability pension, is notified after September 1, 2010 of a decision under subsection 60(7) or 81(2), a decision under subsection 82(11) or 83(11) as those subsections read immediately before their repeal or a decision under section 54 or 59 of the Department of Human Resources and Skills Development Act, 10 years — after the end of the year.

228. Section 81 of the Act is amended by adding the following after subsection (2):

Marginal note:R.S., c. 30 (2nd Supp.), ss. 45(1) and 46(1); 1990, c. 8, s. 46; 1991, c. 44, s. 22(2); 1995, c. 33, ss. 35(2), (3), 36(2), 37 and 38; 1997, c. 40, s. 85.1; 2000, c. 12, ss. 60 and 61 and par. 64(k) and (l); 2002, c. 8, s. 121 and par. 182(1)(f); 2010, c. 12, ss. 1668 and 1669

229. Sections 82 to 86.1 of the Act are replaced by the following:

Marginal note:R.S., c. 30 (2nd Supp.), s. 49

• 230. (1) Paragraph 89(1)(c) of the Act is replaced by the following:

  • (c) setting out the circumstances in which the Minister may allow a longer period to make a request under subsection 81(1) or (1.1);

• Marginal note:2007, c. 11. s. 5(1)

  (2) Paragraphs 89(1)(l.1) and (l.2) of the Act are repealed.

• Marginal note:2007, c. 11, s. 5(2)

  (3) Subsection 89(3) of the Act is repealed.

231. Subsection 96(2) of the Act is replaced by the following:

232. Subsection 97(4) of the Act is replaced by the following:

Marginal note:2007, c. 11, s. 10(1)

• 233. (1) Paragraphs 101(1)(d.2) and (d.3) of the Act are repealed.

• Marginal note:2007, c. 11, s. 10(2)

  (2) Subsection 101(2) of the Act is repealed.

Marginal note:1995, c. 33, s. 46(2)

• 234. (1) Subsection 108(2.1) of the Act is repealed.

• (2) Subsection 108(3) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) the costs of administering Part 5 of the Department of Human Resources and Skills Development Act in respect of appeals respecting this Act.

R.S., c. O-9Old Age Security Act

Marginal note:1995, c. 33, s. 1(2)

235. The definition “Review Tribunal” in section 2 of the Old Age Security Act is repealed.

Marginal note:1995, c. 33, s. 16; 1997, c. 40, s. 101; 2000, c. 12, par. 207(1)(k); 2002, c. 8, par. 182(1)(z.5)

• 236. (1) Subsections 28(1) and (2) of the Act are replaced by the following:

  Marginal note:Appeal — benefits

  • 28. (1) A person who is dissatisfied with a decision of the Minister made under section 27.1, including a decision in relation to further time to make a request, or, subject to the regulations, any person on their behalf, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act.

  • Marginal note:Reference as to income

    (2) If, on an appeal to the Social Security Tribunal, it is a ground of the appeal that the decision made by the Minister as to the income or income from a particular source or sources of an applicant or beneficiary or of the spouse or common-law partner of the applicant or beneficiary was incorrectly made, the appeal on that ground must, in accordance with the regulations, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Social Security Tribunal, is final and binding for all purposes of the appeal to the Social Security Tribunal except in accordance with the Federal Courts Act.

• Marginal note:1995, c. 33, s. 16

  (2) The portion of subsection 28(3) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Stay of benefits pending judicial review

    (3) If a decision is made by the Social Security Tribunal in respect of a benefit, the Minister may stay payment of the benefit until the later of