Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Old Age Security Act (R.S.C., 1985, c. O-9)

Full Document:  

Act current to 2019-08-28 and last amended on 2019-06-21. Previous Versions

PART IVGeneral

Effect of Waiver

Marginal note:Deeming provision

 When the requirement for an application for a benefit is waived by the Minister under this Act, the application is deemed to have been made by the applicant on the day on which the requirement is waived and, for greater certainty, the applicant shall not be paid that benefit for any month that is more than 11 months before the month in which the application is deemed to have been made.

  • 2007, c. 11, s. 22

Inviting Applications

Marginal note:Inviting persons to apply

 The Minister may invite persons to make an application for benefits under this Act and may, for that purpose, collect personal information and make available or use personal information available to him or her under this Act.

  • 2012, c. 19, s. 464

Adjustment in Consumer Price Index

Marginal note:Where basis of Consumer Price Index changed

 Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index with respect to any adjustment quarter that is used for the purpose of calculating the amount of any benefit that may be paid under this Act.

  • R.S., c. O-6, s. 17
  • R.S., c. 21(2nd Supp.), s. 7
  • 1972, c. 10, s. 6
  • 1973-74, c. 35, s. 4

Reconsiderations and Appeals

Marginal note:Request for reconsideration by Minister

  •  (1) A person who is dissatisfied with a decision or determination made under this Act that no benefit may be paid to the person, or respecting the amount of a benefit that may be paid to the person, may, within ninety days after the day on which the person is notified in writing of the decision or determination, or within any longer period that the Minister may, either before or after the expiration of those ninety days, allow, make a request to the Minister in the prescribed form and manner for a reconsideration of that decision or determination.

  • Marginal note:Reconsideration — penalty

    (1.1) A person against whom a penalty has been assessed under section 44.1 or, subject to the regulations, any person on their behalf, who is dissatisfied with the decision to impose a penalty or with the amount of the penalty may, within ninety days after the day on which the person is notified in writing of the decision or determination, or within any longer period that the Minister may, either before or after the expiration of those ninety days, allow, request the Minister in the prescribed form and manner to reconsider the decision or determination.

  • Marginal note:Decision of Minister

    (2) The Minister shall, without delay after receiving a request referred to in subsection (1) or (1.1), reconsider the decision or determination, as the case may be, and may confirm or vary it and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable, and shall without delay notify, in writing, the person who made the request of the Minister’s decision and of the reasons for it.

  • 1995, c. 33, s. 16
  • 1997, c. 40, s. 100

Marginal note:Appeal — benefits

  •  (1) A person who is dissatisfied with a decision of the Minister made under section 27.1, including a decision in relation to further time to make a request, or, subject to the regulations, any person on their behalf, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act.

  • Marginal note:Reference as to income

    (2) If, on an appeal to the Social Security Tribunal, it is a ground of the appeal that the decision made by the Minister as to the income or income from a particular source or sources of an applicant or beneficiary or of the spouse or common-law partner of the applicant or beneficiary was incorrectly made, the appeal on that ground must, in accordance with the regulations, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Social Security Tribunal, is final and binding for all purposes of the appeal to the Social Security Tribunal except in accordance with the Federal Courts Act.

  • Marginal note:Stay of benefits pending judicial review

    (3) If a decision is made by the Social Security Tribunal in respect of a benefit, the Minister may stay payment of the benefit until the later of

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

    • (b) where 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. O-9, s. 28
  • R.S., 1985, c. 34 (1st Supp.), s. 7, c. 51 (4th Supp.), s. 15
  • 1995, c. 33, s. 16
  • 1997, c. 40, s. 101
  • 2000, c. 12, s. 207
  • 2002, c. 8, s. 182
  • 2012, c. 19, s. 236
  • 2013, c. 40, s. 236

Incapacity

Marginal note:Incapacity when application actually made

  •  (1) Where an application for a benefit is made on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that the person was incapable of forming or expressing an intention to make an application on the person’s own behalf on the day on which the application was actually made, the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later.

  • Marginal note:Where previous incapacity

    (2) Where an application for a benefit is made by or on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that

    • (a) the person was incapable of forming or expressing an intention to make an application before the day on which the application was actually made,

    • (b) the person had ceased to be so incapable before that day, and

    • (c) the application was made

      • (i) within the period beginning on the day on which that person had ceased to be incapable and comprising the same number of days, not exceeding twelve months, as in the period of incapacity, or

      • (ii) where the period referred to in subparagraph (i) comprises fewer than thirty days, not more than one month after the month in which that person ceased to be so incapable,

    the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later.

  • Marginal note:Period of incapacity

    (3) For the purposes of subsections (1) and (2), a period of incapacity must be a continuous period, except as otherwise prescribed.

  • Marginal note:Application

    (4) This section applies only to persons who were incapacitated on or after January 1, 1995.

  • 1995, c. 33, s. 17

Death

Marginal note:Application for pension by estate, etc.

  •  (1) Despite anything in this Act, an application for a pension that would have been payable to a deceased person who, before their death, would have been entitled, on approval of an application, to payment of that pension under this Act may be made within one year after the person’s death by the estate or succession, by the liquidator, executor or administrator of the estate or succession or heir of that person or by any person that may be prescribed by regulation.

  • Marginal note:Pension payable to estate or other persons

    (2) If an application is made under subsection (1), the pension that would have been payable to a deceased person referred to in that subsection shall be paid to the estate or succession or to any person that may be prescribed by regulation.

  • Marginal note:Application deemed to have been received on date of death

    (3) Any application made under subsection (1) is deemed to have been received on the date of the death of the person who, before their death, would have been entitled to payment of the pension.

  • 1984, c. 27, s. 8
  • 2007, c. 11, s. 23

Marginal note:Retroactive application by survivor

  •  (1) Despite paragraph 19(6)(b), if a person dies and the person’s survivor would have been entitled to an allowance under section 19 had the survivor and the deceased person made a joint application for it before the death of the deceased person, the survivor may make application for an allowance under section 19 within one year after the death of the deceased person.

  • Marginal note:Treated as joint application

    (2) An application referred to in subsection (1) shall be considered and dealt with as though it had been a joint application of the survivor and the deceased person and had been received on the date of the death of the deceased person.

  • (3) [Repealed, 2007, c. 11, s. 24]

  • R.S., 1985, c. O-9, s. 30
  • R.S., 1985, c. 34 (1st Supp.), s. 8
  • 2000, c. 12, ss. 202, 209(E)
  • 2007, c. 11, s. 24
 
Date modified: