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

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Act current to 2019-08-28 and last amended on 2018-12-15. Previous Versions

RELATED PROVISIONS

  • — 2003, c. 5, s. 19

      • 19 (1) On the first day of each month after the coming into force of this section, 1/36 of the right, title or interest of the Minister of Finance in each security that was purchased by the Minister under section 110 of the Canada Pension Plan, and that is held by that Minister on the first day of the first month following the coming into force of this section, is transferred to the Canada Pension Plan Investment Board established under section 3 of the Canada Pension Plan Investment Board Act (“the Board”).

      • Transfer of replacement securities

        (2) If a security referred to in subsection (1) is replaced within the 36-month period beginning on the first day of the first month following the coming into force of this section,

        • (a) the Board is deemed to have acquired a right, title or interest in the replacement security in the same proportion as the right, title or interest it had acquired in the security being replaced; and

        • (b) on the first day of each month after the day on which the replacement security is purchased, for each month then remaining in the 36-month period, an equal portion of the right, title or interest of the Minister of Finance in the replacement security is transferred to the Board, so that the replacement security is fully transferred to the Board on the same day as the security that it replaced would have been fully transferred.

      • Rights extinguished

        (3) If a security referred to in subsection (1) is redeemed during the 36-month period referred to in subsection (2) and is not replaced, any right, title or interest of the Board in the security is extinguished.

  • — 2004, c. 22, s. 23

    • Application

      23 Section 70.1 of the Canada Pension Plan, as enacted by section 20 of this Act, does not apply in respect of persons who, before the coming into force of section 20 of this Act, have ceased to receive a disability pension because they have returned to work.

  • — 2007, c. 11, s. 36

    • Application of subparagraph 44(2)(a)(i.1)
      • 36 (1) Subparagraph 44(2)(a)(i.1) of the Canada Pension Plan, as enacted by section 2, applies in respect of an application for a disability pension made in or after the month in which that section comes into force.

      • Limitation

        (2) However, in the case of a contributor referred to in subparagraph 44(1)(b)(ii) of the Canada Pension Plan, subparagraph 44(2)(a)(i.1) of that Act, as enacted by section 2, applies only if the contributor is deemed to have become disabled no earlier than 15 months before the month in which that section comes into force.

  • — 2008, c. 28, ss. 38(3), (4)

      • 38 (3) Subsection (1) applies in respect of remittances by a prescribed person that are first due after February 25, 2008.

      • (4) Subsection (2) applies in respect of payments and remittances that are required to be first made after February 25, 2008.

  • — 2009, c. 31, s. 43(1)

  • — 2012, c. 19, s. 251

    • Definitions

      251 The following definitions apply in sections 252 to 270.

      board of referees

      board of referees means a board of referees established under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247. (conseil arbitral)

      Pension Appeals Board

      Pension Appeals Board means the Pension Appeals Board established under section 83 of the Canada Pension Plan, as it read immediately before the coming into force of section 229. (Commission d’appel des pensions)

      Review Tribunal

      Review Tribunal means a Review Tribunal established under section 82 of the Canada Pension Plan, as it read immediately before the coming into force of section 229. (tribunal de révision)

      Social Security Tribunal

      Social Security Tribunal means the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act. (Tribunal de la sécurité sociale)

      umpire

      umpire means an umpire appointed under Part VI of the Employment Insurance Act, as it read immediately before the coming into force of section 247. (juge-arbitre)

  • — 2012, c. 19, s. 252

    • Information

      252 The Pension Appeals Board, a Review Tribunal, a board of referees or an umpire must transfer to the Social Security Tribunal any information under their control that either relates to an application of which that Tribunal is seized or that the Governor in Council has, by regulation, prescribed.

  • — 2012, c. 19, s. 253

    • Review Tribunal
      • 253 (1) The members of a Review Tribunal referred to in subsection 255(1) continue to hold office until the earlier of the end of the term for which they were appointed and April 1, 2014.

      • No compensation

        (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Review Tribunal, other than the Commissioner of Review Tribunals and the Deputy Commissioner of Review Tribunals, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

      • Earlier date

        (3) For the purposes of subsection (1), the Governor in Council may, by order, fix a day earlier than April 1, 2014.

  • — 2012, c. 19, s. 254

    • Pension Appeals Board
      • 254 (1) The members of the Pension Appeals Board continue to hold office until April 1, 2014.

      • No compensation

        (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Pension Appeals Board has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

  • — 2012, c. 19, s. 255

    • Appeals — Review Tribunal
      • 255 (1) A Review Tribunal remains seized of any appeal filed and heard before April 1, 2013 under subsection 82(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229.

      • Time limit

        (2) A Review Tribunal must make its decision no later than March 31, 2014 or, if an order is made under subsection 253(3), the day before the day fixed by that order.

      • Failure to decide

        (3) The General Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision is made by the day referred to in subsection (2). The appeal is deemed to be an appeal filed with the General Division of the Social Security Tribunal on April 1, 2014 or, if an order is made under subsection 253(3), the day fixed by that order.

      • Appeals — Social Security Tribunal

        (4) A person who is dissatisfied with a decision made under subsection (1) may appeal the decision to the Appeal Division of the Social Security Tribunal.

  • — 2012, c. 19, s. 256

    • Appeals — Pension Appeals Board

      256 An appeal from a decision of a Review Tribunal that could have been appealed to the Pension Appeals Board, but for the repeal of subsection 83(1) of the Canada Pension Plan by section 229, may be brought to the Appeal Division of the Social Security Tribunal.

  • — 2012, c. 19, s. 257

    • Appeals — Social Security Tribunal

      257 Any appeal filed before April 1, 2013 under subsection 82(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, is deemed to have been filed with the General Division of the Social Security Tribunal on April 1, 2013, if section 255 does not apply to it.

  • — 2012, c. 19, s. 258

    • Appeals — Pension Appeals Board
      • 258 (1) The Pension Appeals Board remains seized of any appeal filed and heard before April 1, 2013 under subsection 83(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229.

      • Time limit

        (2) The Pension Appeals Board must make its decision no later than March 31, 2014.

      • Failure to decide

        (3) The Appeal Division of the Social Security Tribunal becomes seized of any appeal referred to in subsection (1) if no decision has been made by the day referred to in subsection (2). The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2014.

  • — 2012, c. 19, s. 259

    • Appeals — Social Security Tribunal

      259 The Appeal Division of the Social Security Tribunal is deemed to have granted leave to appeal on April 1, 2013 with respect to any application for leave to appeal filed before April 1, 2013 under subsection 83(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, if leave to appeal to the Pension Appeals Board has been granted but that Board has not yet heard that appeal.

  • — 2012, c. 19, s. 260

    • Leave to appeal — Social Security Tribunal

      260 Any application for leave to appeal filed before April 1, 2013 under subsection 83(1) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, is deemed to be an application for leave to appeal filed with the Appeal Division of the Social Security Tribunal on April 1, 2013, if no decision has been rendered with respect to leave to appeal.

  • — 2012, c. 19, s. 261

    • Request for reconsideration
      • 261 (1) If no decision has been made before April 1, 2013, in respect of a request made under subsection 84(2) of the Canada Pension Plan, as it read immediately before the coming into force of section 229, it is deemed to be an application made on April 1, 2013 under section 66 of the Department of Human Resources and Skills Development Act and is deemed to relate to a decision made, as the case may be, by

        • (a) the General Division of the Social Security Tribunal, in the case of a decision made by a Review Tribunal; or

        • (b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by the Pension Appeals Board.

      • Deeming

        (2) An application made under section 66 of the Department of Human Resources and Skills Development Act after March 31, 2013 is deemed to relate to a decision made, as the case may be, by

        • (a) the General Division of the Social Security Tribunal, in the case of a decision made by a Review Tribunal; or

        • (b) the Appeal Division of the Social Security Tribunal, in the case of a decision made by the Pension Appeals Board.

  • — 2012, c. 19, s. 262

    • Continued application

      262 The provisions of the Canada Pension Plan and the Old Age Security Act repealed by this Act, and their related regulations, continue to apply to appeals of which a Review Tribunal or the Pension Appeals Board remains seized under this Act, with any necessary adaptations.

  • — 2012, c. 31, s. 205

    • Subsection 114(2) of Canada Pension Plan does not apply
      • 205 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division.

      • Order in council

        (2) Sections 195 and 196 come into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day or days to be fixed by order of the Governor in Council.

  • — 2016, c. 14, s. 62

    • Definitions

      62 The following definitions apply in sections 63 and 64.

      additional Canada Pension Plan

      additional Canada Pension Plan has the same meaning as in section 91 of the Canada Pension Plan. (régime de pensions supplémentaire du Canada)

      Additional Canada Pension Plan Account

      Additional Canada Pension Plan Account means the account established under subsection 108.2(1) of the Canada Pension Plan. (compte supplémentaire du régime de pensions du Canada)

      Canada Pension Plan Account

      Canada Pension Plan Account means the account established under subsection 108(1) of the Canada Pension Plan. (compte du régime de pensions du Canada)

      Minister

      Minister means the Minister of Employment and Social Development. (ministre)

  • — 2016, c. 14, s. 63

    • Initial costs of administration
      • 63 (1) Despite paragraphs 108.2(3)(c), (d) and (f) of the Canada Pension Plan, until a date determined by the Minister, the costs of administration in relation to the additional Canada Pension Plan must be paid out of the Consolidated Revenue Fund and charged to the Canada Pension Plan Account. The date determined by the Minister must not be later than December 31, 2020.

      • Interest

        (2) The Minister of Finance must calculate interest, at rates determined by that Minister, on any amount paid out of the Consolidated Revenue Fund under subsection (1). Interest must be calculated for the period beginning on the day on which the amount is paid out of the Consolidated Revenue Fund under subsection (1) and ending on the day on which the amount is credited to the Canada Pension Plan Account under subsection (3).

      • Amounts credited to Canada Pension Plan Account

        (3) After the date determined by the Minister under subsection (1) but before March 31, 2021, all amounts charged to the Canada Pension Plan Account under subsection (1) and all interest calculated under subsection (2) must be credited to the Canada Pension Plan Account and charged to the Additional Canada Pension Plan Account.

  • — 2016, c. 14, s. 65

    • Subsection 114(2) of Canada Pension Plan does not apply
      • 65 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Part.

      • Order in council

        (2) This Part comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

  • — 2018, c. 12, s. 402

    • Subsection 114(2) of Canada Pension Plan does not apply
      • 402 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division.

      • Order in council

        (2) This Division, other than subsections 361(1) and (2), sections 365 and 371 and subsections 372(3), (5) and (6), 392(1), 399(2) and 401(3), comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

  • — 2018, c. 27, s. 129

  • — 2019, c. 29, s. 47

    • Non-application — subsection 114(2) of Canada Pension Plan
      • 47 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in sections 45 and 46 of this Act.

      • Order in council

        (2) Sections 45 and 46 come into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

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