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

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Act current to 2019-06-20 and last amended on 2018-12-15. Previous Versions

PART IIPensions and Supplementary Benefits (continued)

DIVISION FReconsiderations and Appeals (continued)

Marginal note:Stay of benefits pending judicial review

 If a decision is made by the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act in respect of a benefit, the Minister may stay payment of the benefit until the latest of

  • (a) the expiry of the period allowed for making an application for leave to appeal to the Appeal Division of that Tribunal,

  • (b) the expiry of the period allowed for making an application under the Federal Courts Act for judicial review of the decision, and

  • (c) if Her Majesty has made an application under the Federal Courts Act for judicial review of the decision, the month in which all proceedings in relation to the judicial review have been completed.

  • R.S., 1985, c. C-8, s. 83
  • R.S., 1985, c. 41 (1st Supp.), s. 12, c. 27 (2nd Supp.), s. 7, c. 30 (2nd Supp.), s. 45
  • 1991, c. 44, s. 22
  • 1995, c. 33, s. 36
  • 1997, c. 40, s. 85.1
  • 2000, c. 12, ss. 61, 64
  • 2002, c. 8, s. 121
  • 2010, c. 12, s. 1669
  • 2012, c. 19, s. 229
  • 2013, c. 40, s. 236

 [Repealed, 2012, c. 19, s. 229]

 [Repealed, 2012, c. 19, s. 229]

 [Repealed, 2012, c. 19, s. 229]

 [Repealed, 2012, c. 19, s. 229]

DIVISION GGeneral

Marginal note:Census information

 Subject to such conditions as may be prescribed, for the purpose of ascertaining the age of any applicant or beneficiary, or of an applicant’s or a beneficiary’s spouse or common-law partner or former spouse or former common-law partner, the Minister is entitled to obtain from Statistics Canada, on request, any information respecting that person’s age that is contained in the returns of any census taken more than thirty years before the date of the request.

  • R.S., 1985, c. C-8, s. 87
  • R.S., 1985, c. 30 (2nd Supp.), s. 47
  • 2000, c. 12, s. 62

Marginal note:Presumption as to death

  •  (1) Where a contributor or beneficiary, or a contributor’s or beneficiary’s spouse or common-law partner or former spouse or former common-law partner, has, either before or after the coming into force of this section, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act on which that person’s death is presumed to have occurred, and thereupon that person shall be deemed for all purposes of this Act to have died on that date.

  • Marginal note:Change of date

    (2) If, after having determined the date of a person’s death pursuant to subsection (1), the Minister is satisfied from new information or evidence that the date of death is different from that determined, the Minister may determine a different date of death, in which case the person shall be deemed for all purposes of this Act to have died on that different date and the Minister shall forthwith cause to be paid any benefit that would have been payable if the determination of death had not been made.

  • Marginal note:Where person appears

    (3) If, after having determined the date of a person’s death pursuant to subsection (1), the Minister is satisfied from new information or evidence that the person is alive, the Minister shall forthwith cause to be paid any benefit that would have been payable in respect of the person had that determination not been made.

  • Marginal note:Benefits cease

    (4) Where any benefit has been paid to any person as a result of the determination of another person’s death pursuant to this section and the Minister is satisfied from new information or evidence that that other person is alive, the benefit shall forthwith cease to be payable and any such benefit paid prior to the Minister’s being satisfied that the person is alive shall be deemed to have been validly paid.

  • Marginal note:Death certificates issued by other authorities

    (5) For the purposes of this section, the Minister is not bound by the issuance or revocation of a death certificate by any other authority.

  • R.S., 1985, c. C-8, s. 88
  • R.S., 1985, c. 30 (2nd Supp.), s. 48
  • 2000, c. 12, s. 63

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) prescribing or defining anything that, by this Part, is to be prescribed or defined by regulations;

    • (b) prescribing the time, manner and form of making applications for benefits, the information and evidence to be furnished in connection therewith and the procedures to be followed in dealing with and approving applications;

    • (b.1) prescribing the time and manner for making requests for reinstatement of a disability pension or post-retirement disability benefit under section 70.1, and the information and evidence to be furnished in connection with requests;

    • (b.2) prescribing the information and evidence to be furnished in connection with the reinstatement of disabled contributor’s child benefits under section 70.1;

    • (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);

    • (d) providing for the making of an application or appeal by and the payment of a benefit to any person or agency on behalf of any other person or beneficiary where it is established in such manner and by such evidence as may be prescribed that the other person or beneficiary is by reason of infirmity, illness, insanity or other causes incapable of managing his own affairs, and prescribing the manner in which any benefit authorized to be paid to any such person or agency on behalf of a beneficiary shall be administered and expended for the benefit of the beneficiary and accounted for;

    • (e) respecting the determination of disability subject to this Part and the conditions on which any amount as or on account of a benefit in respect of the disability of a person shall be paid or shall continue to be paid, including the initial and subsequent periodic or other assessments of that disability and the reasonable rehabilitation measures to be undergone by that person, and providing for the payment out of the Consolidated Revenue Fund of the cost of any such assessments of disability and rehabilitation measures and for the charging of the amount of the payment to the Canada Pension Plan Account or the Additional Canada Pension Plan Account, as the case may be, as a cost of administration of this Act;

    • (f) providing that the failure of a person to undergo any assessment of disability or reasonable rehabilitation measure as required by any regulation made under paragraph (e), without good cause as defined by regulation, shall be a ground on which that person may be determined to have ceased to be disabled;

    • (g) providing, in the case of any benefit that becomes payable to a person to whom no pension is then payable under the Old Age Security Act, the basic monthly amount of which benefit is less than such amount, not exceeding ten dollars, as may be prescribed, for the commutation of such benefit in such circumstances and in accordance with such methods and bases as may be prescribed and for the payment to that person in the place of that benefit of an amount equal to the commuted value thereof, or for the payment of that benefit at prescribed intervals less frequent than monthly;

    • (h) respecting the payment of any amount on account of a benefit under this Act that remains unpaid at any time after the death of the beneficiary;

    • (i) respecting the terms and conditions governing the payment of benefits in accordance with any agreement under subsection 80(1) that may be entered into by the Minister on behalf of the Government of Canada;

    • (j) providing, in any case or class of cases not covered by the provisions of an agreement under subsection 80(1), for the issue of cheques by the Government of Canada in the amount of any benefit payable under this Act to or in respect of a contributor and in the amount of any like benefit payable under a provincial pension plan to or in respect of the same contributor, or for the payment by other means by the Government of Canada of such an amount, if arrangements satisfactory to the Governor in Council have been made with the government of that province for the issue of cheques, or for the payment by other means, by that government on a reciprocal basis and for the making of any financial adjustments by that government required to be made by reason of those arrangements, and providing for the making of any financial adjustments by the Government of Canada required to be made by reason of those arrangements and for the crediting or charging of the amount of the adjustments to the Canada Pension Plan Account or the Additional Canada Pension Plan Account, as the case may be;

    • (k) [Repealed, 2018, c. 12, s. 399]

    • (l) providing for the conditions under which the payment of benefits may be withheld pending the furnishing of the Minister with information, evidence and documentation required under this Act and the regulations;

    • (l.1) and (l.2) [Repealed, 2012, c. 19, s. 230]

    • (m) generally for carrying out the purposes and provisions of this Part.

  • Marginal note:Regulations — payment of interest

    (2) The Governor in Council may make regulations respecting the payment of interest on amounts owing to Her Majesty under this Part, including regulations prescribing

    • (a) the circumstances in which interest is payable;

    • (b) rates of interest or the manner of calculating rates of interest;

    • (c) terms and conditions for the imposition and payment of interest; and

    • (d) terms and conditions under which the Minister may waive, reduce or remit the interest payable.

  • (3) [Repealed, 2012, c. 19, s. 230]

  • R.S., 1985, c. C-8, s. 89
  • R.S., 1985, c. 30 (2nd Supp.), s. 49
  • 1991, c. 44, s. 23
  • 1995, c. 33, s. 39
  • 2004, c. 22, s. 22
  • 2007, c. 11, s. 5
  • 2012, c. 19, s. 230
  • 2016, c. 14, s. 39
  • 2018, c. 12, s. 399
 
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