Canada Pension Plan (R.S.C., 1985, c. C-8)

Marginal note:Commencement of benefit

70.01 Subject to section 62, if payment of a post-retirement disability benefit is approved, the benefit is payable for each month commencing with the fourth month following the month after December 2018 in which the applicant became disabled, except that if the applicant was, at any time during the five-year period next before the month in which the applicant became disabled as a result of which the payment is approved, in receipt of a disability pension payable under this Act or under a provincial pension plan or a post-retirement disability benefit,

• (a) the benefit is payable for each month commencing with the month next following the month after December 2018 in which the applicant became disabled as a result of which the payment is approved; and

• (b) the reference to “fifteen months” in paragraph 42(2)(b) shall be read as a reference to “twelve months”.

Marginal note:When benefit ceases to be payable

70.02 A post-retirement disability benefit ceases to be payable with the payment

• (a) for the month in which the beneficiary ceases to be disabled;

• (b) for the month in which the beneficiary reaches 65 years of age; or

• (c) for the month in which the beneficiary dies.

Marginal note:Reinstatement of disability pension or post-retirement disability benefit

• 70.1 (1) Subject to this section, a person who has ceased to receive a disability pension or a post-retirement disability benefit because they have returned to work is entitled to have that pension or benefit reinstated if, within two years after the month in which they ceased to receive it, they become incapable again of working.

• Marginal note:Request for reinstatement

  (2) A request by a person for reinstatement of a disability pension or a post-retirement disability benefit shall be made to the Minister in accordance with the regulations. Subsections 60(2), (4), (5) and (8) to (12) apply to the request, with any modifications that the circumstances require.

• Marginal note:Consideration and approval of request by Minister

  (3) The Minister shall approve a request made by a person under subsection (2) if the Minister is satisfied that

  • (a) the person has a severe and prolonged mental or physical disability that is the same as, or is related to, the disability that entitled the person to receive the disability pension or post-retirement disability benefit that is the subject of the request;

  • (b) not more than two years have elapsed from the month in which the person ceased to receive the disability pension or post-retirement disability benefit to the month when they became incapable again of working; and

  • (c) the person had not reached 65 years of age and, if the request is for reinstatement of a disability pension, was not receiving a retirement pension in the month in which they became incapable again of working.

• Marginal note:Reinstatement of disabled contributor’s child benefit

  (4) On reinstatement of a pension or benefit under subsection (3), the Minister shall approve the reinstatement of a disabled contributor’s child benefit that had been payable to the child of the person whose pension or benefit is reinstated if the Minister is satisfied that the child meets the requirements under this Act for payment of a disabled contributor’s child benefit.

• Marginal note:Notification of decision — disability pension or post-retirement disability benefit

  (5) The Minister shall in writing inform a person who makes the request for reinstatement of a pension or benefit of the Minister’s decision whether or not to approve the request.

• Marginal note:Notification of decision — disabled contributor’s child benefit

  (6) The Minister shall in writing inform the person who has made the request for reinstatement of a pension or benefit, a child of that person or, in relation to that child, a person or agency referred to in section 75 of the Minister’s decision whether or not to approve a disabled contributor’s child benefit.

• Marginal note:Application of provisions — reinstated pension or benefit

  (7) The provisions of this Act that apply to a disability pension or a post-retirement disability benefit, as the case may be, except paragraphs 42(2)(b), 44(1)(b) and (h) and (2)(a) and subsection 44(4) and sections 69 and 70.01, apply to a pension or benefit that is reinstated under this section, with any modifications that the circumstances require.

• Marginal note:Application of provisions — disabled contributor’s child benefit

  (8) The provisions of this Act that apply to a disabled contributor’s child benefit, except paragraphs 44(1)(e) and 44(2)(a) and subsections 44(4) and 74(2), apply to a disabled contributor’s child benefit that is reinstated under this section, with such modifications as the circumstances require.

• Marginal note:Amount of disability pension and survivor’s pension

  (9) Despite subsection (7) and subject to any division of unadjusted pensionable earnings under sections 55 to 55.3, the basic monthly amount of a disability pension that is reinstated, and the monthly amount of any survivor’s pension under this Act that is payable to the person whose disability pension is reinstated, shall not be less than the amount that was payable for the month immediately preceding the month in which the pension ceased to be payable, adjusted annually in accordance with subsection 45(2).

• Marginal note:Commencement of payments

  (10) A disability pension, post-retirement disability benefit or disabled contributor’s child benefit that is reinstated pursuant to a request under this section is payable commencing with the month following the month in which the person who made the request under this section became incapable again of working.

Death Benefit

Marginal note:Payable to estate

• 71 (1) Where payment of a death benefit is approved, the Minister shall, except as provided in subsections (2) and (3), pay the death benefit to the estate of the contributor.

• Marginal note:Exceptions

  (2) The Minister may direct payment of a death benefit in whole or in part to such person or body as is prescribed where

  • (a) he is satisfied, after making reasonable inquiries, that there is no estate;

  • (b) the estate has not applied for the death benefit within the prescribed time interval following the contributor’s death; or

  • (c) if the contributor’s death occurs before January 1, 2019, the amount of the death benefit is less than the prescribed amount.

• Marginal note:No double payment

  (3) Where a payment has been made pursuant to subsection (2), the Minister is not liable to make that payment to any subsequent applicant.

Survivor’s Pension

Marginal note:Commencement of pension

72 Subject to section 62, if payment of a survivor’s pension is approved, the pension is payable for each month commencing with,

• (a) if subparagraph 44(1)(d)(i) applies, the month following the month in which

  • (i) the contributor died, in the case of a survivor who at the time of the death of the contributor had reached 35 years of age or was a survivor with dependent children,

  • (ii) the survivor became a survivor who, not having reached 65 years of age, is disabled, in the case of a survivor other than a survivor described in subparagraph (i), or

  • (iii) the survivor reached 65 years of age, in the case of a survivor other than a survivor described in subparagraph (i) or (ii); or

• (b) if subparagraph 44(1)(d)(ii) applies, the month following the month in which the contributor died.

However, in no case is the pension payable earlier than for the twelfth-month preceding the month following the month in which the application was received.

Marginal note:Duration of payment

• 73 (1) Subject to this Act, a survivor’s pension shall continue to be paid during the lifetime of the beneficiary, and shall cease with the payment for the month in which the beneficiary dies.

• Marginal note:Special case

  Footnote ^*(2) If

  • (a) a contributor died on or after January 1, 1998 but before the coming into force of this subsection, and

  • (b) a survivor’s pension was, immediately before that coming into force, payable to a survivor who had been married to the contributor at the time of the contributor’s death,

  the approval of payment of a survivor’s pension, in respect of that contributor’s death, to a survivor who was the contributor’s common-law partner at the time of the contributor’s death and was not a person described in subparagraph (a)(ii) of the definition spouse in subsection 2(1) as that definition read at that time, does not affect the right of the survivor referred to in paragraph (b) to continue to receive the survivor’s pension in accordance with subsection (1).

  • Return to footnote ^*[Note: Subsection 73(2) in force July 31, 2000, see SI/2000-76.]

Disabled Contributor’s Child’s Benefit and Orphan’s Benefit

Marginal note:Persons by whom application may be made

• 74 (1) An application for a disabled contributor’s child’s benefit or orphan’s benefit may be made on behalf of a disabled contributor’s child or orphan by the child or orphan or by any other person or agency to whom the benefit would, if the application were approved, be payable under this Part.

• Marginal note:Commencement of payment of benefit

  (2) Subject to section 62, where payment of a disabled contributor’s child’s benefit or orphan’s benefit in respect of a contributor is approved, the benefit is payable for each month commencing with,

  • (a) in the case of a disabled contributor’s child’s benefit, the later of

    • (i) the month commencing with which a disability pension is payable to the contributor under this Act or under a provincial pension plan or a post-retirement disability benefit is payable under this Act, and

    • (ii) the month next following the month in which the child was born or otherwise became a child of the contributor, and

  • (b) in the case of an orphan’s benefit, the later of

    • (i) the month following the month in which the contributor died, and

    • (ii) the month next following the month in which the child was born,

  but in no case earlier than the twelfth month preceding the month following the month in which the application was received.

• Marginal note:No benefit in respect of more than two contributors

  (3) Where a disabled contributor’s child’s benefit has become payable to a child under this Act or under a provincial pension plan in respect of any contributor thereunder or an orphan’s benefit has become payable to an orphan under this Act or under a provincial pension plan in respect of any contributor thereunder, no disabled contributor’s child’s benefit or orphan’s benefit is payable to that person under this Act in respect of any other such contributor except another parent of that person, and in no case shall such a benefit be paid to that person in respect of more than two contributors.

• Marginal note:Meaning of parent

  (3.1) In subsection (3), parent has the reciprocal meaning to that of “child”.

• (4) [Repealed, 1991, c. 44, s. 18]

Marginal note:Payment of benefit

• 75 (1) If a disabled contributor’s child’s benefit is payable to a child of a disabled contributor or an orphan’s benefit is payable to an orphan of a contributor and the child or orphan has not reached 18 years of age, payment of the benefit must be made to the person or agency having decision-making responsibility for the child or orphan, or, if there is no person or agency having decision-making responsibility for the child or orphan, to any person or agency that the Minister may direct.

• Marginal note:Presumption — decision-making responsibility

  (2) For the purposes of this Part, in the absence of any evidence to the contrary, the following person is presumed to have decision-making responsibility for the child or orphan, as the case may be:

  • (a) the contributor, in relation to a disabled contributor’s child, except if the contributor has less than 20% of the parenting time in respect of the child; and

  • (b) the survivor, if any, of the contributor, in relation to an orphan, except if the survivor has less than 20% of the parenting time in respect of the orphan.

Marginal note:When disabled contributor’s child’s benefit ceases to be payable

• 76 (1) A disabled contributor’s child’s benefit ceases to be payable with the payment for the month in which

  • (a) the child ceases to be a dependent child;

  • (b) the child dies;

  • (c) the contributor’s disability pension or post-retirement disability benefit ceases to be payable;

  • (d) the child is adopted legally or in fact by someone other than the disabled contributor or the disabled contributor’s spouse or common-law partner, unless the disabled contributor is maintaining the child, as defined by regulation; or

  • (e) the disabled contributor ceases to have parenting time or decision-making responsibility in respect of the child, if the child is a child as defined in subsection 42(1) by reason of the disabled contributor having had that parenting time or decision-making responsibility.

• Marginal note:When orphan’s benefit ceases to be payable

  (2) An orphan’s benefit ceases to be payable with the payment for the month in which the child ceases to be a dependent child or dies.

• Marginal note:Exception

  (3) Where, by reason of the death of a contributor, a disabled contributor’s child’s benefit ceases to be payable to a person who is 18 years of age or older at the time of that death, an application under section 60 for an orphan’s benefit shall be deemed to have been made by that person in the month in which the contributor died.

Post-retirement Benefit

Marginal note:Commencement of benefit

76.1 Subject to section 62, a post-retirement benefit is payable to a beneficiary of a retirement pension for each month commencing with January 1 of the year following the year of a contributor’s earnings if

• (a) a contribution has been made in respect of those earnings;

• (b) those earnings exceed the contributor’s basic exemption; and

• (c) those earnings are for a period that

  • (i) begins after 2011 and after the contributory period ends under subparagraph 49(b)(iii), and

  • (ii) ends with the month preceding the month in which the contributor reaches seventy years of age.