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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

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

  • Marginal note:Amount of partial pension

    (3) Subject to subsection 7.1(3), the amount of a partial monthly pension, for any month, shall bear the same relation to the full monthly pension for that month as the aggregate period that the applicant has resided in Canada after attaining 18 years of age and before the day on which the application is approved, determined in accordance with subsection (4), bears to 40 years.

 The Act is amended by adding the following after section 4:

Marginal note:Presumption

4.1 If the Minister intends to waive the requirement for an application in respect of a person under subsection 5(4) and the information available to the Minister under this Act with respect to that person includes the prescribed information, the person is presumed, in the absence of evidence to the contrary, to have met the requirements of

  • (a) subparagraph 3(1)(b)(iii) or (c)(iii) or paragraph 3(2)(b); or

  • (b) paragraph 4(1)(a) or (b).

 Section 5 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Waiver of application

    (4) The Minister may, on the day on which a person attains 65 years of age, waive the requirement referred to in subsection (1) for an application if the Minister is satisfied, based on information that is available to him or her under this Act, that the person is qualified under subsection 3(1) or (2) for the payment of a pension.

  • Marginal note:Notice of intent

    (5) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of a pension.

  • Marginal note:Inaccuracies

    (6) The person shall, before the day on which they attain 65 years of age, file with the Minister a statement in which the person corrects any inaccuracies in the information provided by the Minister under subsection (5).

  • Marginal note:Declining waiver

    (7) The person may, before the day on which they attain 65 years of age, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

  • Marginal note:Cancellation of waiver

    (8) Even if the requirement for an application is intended to be waived in respect of a person under subsection (4), the Minister may, before the day on which the person attains 65 years of age, require that the person make an application for payment of a pension and, in that case, the Minister shall notify the person in writing of that requirement.

 The Act is amended by adding the following after section 7:

Marginal note:Voluntary deferral — full monthly pension
  • 7.1 (1) If a person applies for their pension after they become qualified to receive a full monthly pension, the amount of that pension, as calculated in accordance with section 7, is increased by 0.6% for each month in the period that begins in the month after the month in which the person becomes qualified for that pension and that ends in the month in which the person’s application is approved.

  • Marginal note:Voluntary deferral — partial monthly pension

    (2) If a person applies for their pension after they become qualified to receive a partial monthly pension, the amount of that pension, as it is calculated in accordance with subsection 3(3) at the time that they become qualified for that pension, is increased by 0.6% for each month in the period that begins in the month after that time and that ends in the month in which the person’s application is approved.

  • Marginal note:Greatest amount of pension

    (3) A person who is qualified to receive a monthly pension shall, unless they decide otherwise, receive the greatest of the following amounts:

    • (a) the amount of the full monthly pension as it is increased under subsection (1), if the person is qualified to receive a full monthly pension,

    • (b) the amount of the partial monthly pension as it is increased under subsection (2), and

    • (c) the amount of the partial monthly pension as it is calculated under subsection 3(3) at the time that the person’s application is approved.

  • Marginal note:Limitation

    (4) Despite subsections (1) and (2), the amount of a pension is not increased for any month

    • (a) before July 2013;

    • (b) after the month in which the person attains 70 years of age; or

    • (c) in which the person’s pension would not be paid by virtue of subsection 5(3), or would be suspended under subsection 9(1) or (3), if the person were a pensioner.

Marginal note:1995, c. 33, s. 3(1)

 Subsection 8(2) of the French version of the Act is replaced by the following:

  • Marginal note:Exception

    (2) Toutefois, si le demandeur a déjà atteint l’âge de soixante-cinq ans au moment de la réception de la demande, l’effet de l’agrément peut être rétroactif à la date fixée par règlement, celle-ci ne pouvant être antérieure au jour où il atteint cet âge ni précéder de plus d’un an le jour de réception de la demande.

 The Act is amended by adding the following after section 9.2:

Marginal note:Request to cancel pension
  • 9.3 (1) A pensioner may, in the prescribed manner and within the prescribed time after payment of a pension has commenced, request cancellation of that pension.

  • Marginal note:Effect of cancellation

    (2) If the request is granted and the amount of any pension and related supplement and allowance is repaid within the prescribed time,

    • (a) the application for that pension is deemed never to have been made; and

    • (b) the pension is deemed for the purposes of this Act not to have been payable during the period in question.

Marginal note:1995, c. 33, s. 5; 1998, c. 21, par. 119(2)(b)(E)
  •  (1) Subsection 11(2) of the Act is replaced by the following:

    • Marginal note:Requirement for application

      (2) Subject to subsections (3.1) and (4), no supplement may be paid to a pensioner for a month in any payment period unless an application for payment of a supplement has been made by the pensioner and payment of the supplement for months in that year has been approved under this Part.

  • (2) Section 11 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Waiver of application

      (3.1) The Minister may, in respect of a person, waive the requirement referred to in subsection (2) for an application for payment of a supplement for any month or months in a payment period if, on the day on which the person attains 65 years of age, the Minister is satisfied, based on information available to him or her under this Act, that the person is qualified under this section for the payment of a supplement.

    • Marginal note:Notice of intent

      (3.2) If the Minister intends to waive the requirement for an application in respect of a person under subsection (3.1), the Minister shall notify the person in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of a supplement.

    • Marginal note:Inaccuracies

      (3.3) The person shall, before the day on which they attain 65 years of age, file with the Minister a statement in which the person corrects any inaccuracies in the information provided by the Minister under subsection (3.2).

    • Marginal note:Declining waiver

      (3.4) The person may, before the day on which they attain 65 years of age, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

    • Marginal note:Cancellation of waiver

      (3.5) Even if the requirement for an application is intended to be waived in respect of a person under subsection (3.1), the Minister may, before the day on which the person attains 65 years of age, require that the person make an application for payment of a supplement and, in that case, the Minister shall notify the person in writing of that requirement.

  • Marginal note:1995, c. 33, s. 5; 1998, c. 21, par. 119(1)(a)

    (3) Subsection 11(5) of the French version of the Act is replaced by the following:

    • Marginal note:Avis

      (5) Lorsque le ministre accorde la dispense prévue au paragraphe (4) et que la présentation d’une demande est par la suite requise pour le versement d’un supplément pour un ou plusieurs mois ultérieurs de la même période de paiement, il est tenu, au moins quinze jours avant le mois ultérieur — ou le premier des mois ultérieurs — en question, d’aviser par écrit le pensionné de la nécessité de présenter une demande.

Marginal note:1995, c. 33, s. 6

 The portion of subsection 14(1.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Minister may estimate income

    (1.1) If the requirement for an application for payment of a supplement for any month has been waived under subsection 11(3.1) or (4), the Minister may, on the basis of the information available to him or her,

 Section 15 of the Act is amended by adding the following after subsection (2.2):

  • Marginal note:Notice of intent

    (2.3) If the Minister intends to waive the requirement for an application in respect of a person under subsection 11(3.1) and the person has a spouse or common-law partner, the Minister shall notify the spouse or common-law partner in writing of that intention and provide the spouse or common-law partner with the information regarding them on which the Minister intends to rely to approve the payment of a supplement.

  • Marginal note:Inaccuracies

    (2.4) The person’s spouse or common-law partner shall, before the day on which the person attains 65 years of age, file with the Minister a statement in which the spouse or common-law partner corrects any inaccuracies in the information provided by the Minister under subsection (2.3).

Marginal note:1995, c 33, s. 8

 Subsection 16(1) of the Act is replaced by the following:

Marginal note:Consideration of application or waiver
  • 16. (1) The Minister shall, without delay after receiving an application for payment of a supplement under subsection 11(2) or after waiving the requirement for an application for payment of a supplement under subsection 11(3.1) or (4), as the case may be, consider whether the applicant is entitled to be paid a supplement, and may approve payment of a supplement and fix its amount, or may determine that no supplement may be paid.

 
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