An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits) (S.C. 2015, c. 17)
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Assented to 2015-06-18
An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits)
S.C. 2015, c. 17
Assented to 2015-06-18
An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits)
SUMMARY
This enactment amends the Canada Pension Plan to prohibit the payment of a survivor’s pension, death benefit or orphan’s benefit to an individual who has been convicted of first or second degree murder or manslaughter of the contributor. It also amends the Old Age Security Act to prohibit the payment of a survivor’s allowance to an individual who has been convicted of first or second degree murder or manslaughter of the individual’s spouse or common-law partner.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-8CANADA PENSION PLAN
1. The Canada Pension Plan is amended by adding the following after section 44:
Marginal note:Survivor’s pension, death benefit or orphan’s benefit not payable
44.1 (1) Despite section 44, a survivor’s pension, death benefit or orphan’s benefit is not payable to an individual in the following circumstances:
(a) in the case of the survivor’s pension, the individual who otherwise would have been entitled to receive the survivor’s pension as a result of the death of the contributor is not so entitled if the Minister is informed and satisfied that the individual has been convicted of first or second degree murder or manslaughter of the contributor;
(b) in the case of the death benefit, the individual who otherwise would have been entitled to receive the death benefit under section 71 as a result of the death of the contributor is not so entitled if the Minister is informed and satisfied that the individual has been convicted of first or second degree murder or manslaughter of the contributor; and
(c) in the case of the orphan’s benefit, the individual who otherwise would have been entitled to receive the orphan’s benefit as a result of the death of the contributor is not so entitled if the Minister is informed and satisfied that the individual
(i) has been convicted of first or second degree murder or manslaughter of the contributor,
(ii) has received an adult sentence for that murder or manslaughter, and
(iii) is 18 years of age or older.
Marginal note:Conviction reversed
(2) If the Minister is informed and satisfied that an individual’s conviction for first or second degree murder or manslaughter of the contributor has been reversed, the charges have been withdrawn or the proceedings were stayed and not recommenced within the required time period and that all rights of appeal have been exhausted, the individual’s entitlement to the pension or benefit to which they would otherwise have been entitled under this Act shall be reinstated and any amount recovered from the individual shall be repaid.
Marginal note:Conviction outside Canada
(3) If an individual has been convicted by a court outside Canada in respect of an offence that, if it had been committed in Canada, would have constituted first or second degree murder or manslaughter, the Minister may deem that conviction to be a conviction of first or second degree murder or manslaughter for the purposes of this section.
Marginal note:Recovery of pension or benefits
(4) An individual who has received a pension or benefit referred to in this section and in respect of whom the Minister is subsequently informed and satisfied that the individual has been convicted of first or second degree murder or manslaughter of the contributor shall be deemed not to have been entitled to receive such pension or benefit, which shall constitute a debt due to Her Majesty under section 66 and the Minister shall recover those amounts, including any amounts paid before the date of the individual’s conviction.
Marginal note:Conviction prior to coming into force
(5) For greater certainty, this section applies in respect of any first or second degree murder or manslaughter conviction of which the Minister is informed before, on or after the coming into force of this section.
Definition of “first or second degree murder”
(6) For the purpose of this section, “first or second degree murder” means murder within the meaning of section 231 of the Criminal Code.
Definition of “manslaughter”
(7) For the purpose of this section, “manslaughter” means manslaughter within the meaning of the Criminal Code.
Marginal note:Exception — probation order
(8) This section does not apply to an individual who is convicted of manslaughter if the individual is released on the conditions prescribed in a probation order under paragraph 731(1)(a) of the Criminal Code.
R.S., c. O-9OLD AGE SECURITY ACT
2. The Old Age Security Act is amended by adding the following after section 21:
Marginal note:Allowance not payable
21.1 (1) Despite section 21, an allowance under that section is not payable to an individual who otherwise would have been entitled to receive such an allowance as a result of the death of their spouse or common-law partner if the Minister is informed and satisfied that the individual has been convicted of first or second degree murder or manslaughter of that spouse or common-law partner.
Marginal note:Conviction reversed
(2) If the Minister is informed and satisfied that an individual’s conviction for first or second degree murder or manslaughter of their spouse or common-law partner has been reversed, the charges have been withdrawn or the proceedings were stayed and not recommenced within the required time period and that all rights of appeal have been exhausted, the individual’s entitlement to the allowance to which they would otherwise have been entitled under section 21 becomes payable in accordance with that section as if subsection (1) had never applied and any amount recovered from the person shall be repaid.
Marginal note:Conviction outside Canada
(3) If an individual has been convicted by a court outside Canada in respect of an offence that, if it had been committed in Canada, would have constituted first or second degree murder or manslaughter, the Minister may deem that conviction to be a conviction of first or second degree murder or manslaughter for the purposes of this section.
Marginal note:Recovery of allowance
(4) A person who has received an allowance referred to in this section and in respect of whom the Minister is subsequently informed and satisfied that he or she has been convicted of first or second degree murder or manslaughter of their spouse or common-law partner whose death would otherwise have resulted in the individual having been entitled to that allowance shall be deemed not to have been entitled to receive such an allowance, which shall constitute a debt due to Her Majesty under section 37 and the Minister shall recover those amounts, including any amounts paid before the date of the individual’s conviction.
Marginal note:Conviction prior to coming into force
(5) For greater certainty, this section applies in respect of any first or second degree murder or manslaughter conviction of which the Minister is informed before, on or after the coming into force of this section.
Definition of “first or second degree murder”
(6) For the purpose of this section, “first or second degree murder” means murder within the meaning of section 231 of the Criminal Code.
Definition of “manslaughter”
(7) For the purpose of this section, “manslaughter” means manslaughter within the meaning of the Criminal Code.
Marginal note:Exception — probation order
(8) This section does not apply to an individual who is convicted of manslaughter if the individual is released on the conditions prescribed in a probation order under paragraph 731(1)(a) of the Criminal Code.
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