PART IIIMonthly Allowances (continued)
Allowance Payable (continued)
Marginal note:Failure to comply with Act
20 Payment of an allowance under section 19 or 21 may be suspended if the beneficiary fails to comply with any of the provisions of this Act or the regulations, but payment may be resumed when the beneficiary complies with those provisions.
- R.S., 1985, c. O-9, s. 20
- R.S., 1985, c. 34 (1st Supp.), s. 3
- 2000, c. 12, s. 209(E)
Marginal note:Payment of allowance to survivors
(a) has attained sixty years of age but has not attained sixty-five years of age; and
(b) has resided in Canada after attaining eighteen years of age and prior to the day on which their application is approved for an aggregate period of at least ten years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which their application is approved.
Marginal note:Residence in Canada must be or have been legal
(2) A survivor is eligible for an allowance under this section only if
(a) on the day preceding the day on which their application for an allowance is approved they are a Canadian citizen or, if not, are legally resident in Canada; or
(b) on the day preceding the day they ceased to reside in Canada they were a Canadian citizen or, if not, were legally resident in Canada.
Meaning of legal residence
(3) The Governor in Council may make regulations respecting the meaning of legal residence for the purposes of subsection (2).
Marginal note:Must apply annually
(4) Subject to subsections (5) and (5.1), no allowance may be paid to a survivor under this section in any payment period unless the survivor has made an application for an allowance in respect of that payment period and payment of the allowance has been approved under this Part.
Marginal note:Exception to application requirement
(5) Where the spouses or the common-law partners had, before the death of the pensioner, made a joint application for the allowance under section 19 for months in the payment period of the pensioner’s death or the following payment period, no application is required to be made by the pensioner’s survivor under subsection (4) in respect of the payment of an allowance under this section for months in the payment period in respect of which the joint application was made.
Marginal note:Waiver of requirement for application
(5.1) The Minister may waive the requirement referred to in subsection (4) for an application for payment of an allowance for any month or months in a payment period if an application for payment of an allowance has been made in respect of any payment period before that payment period.
Marginal note:Notice where subsequent application required
(5.2) Where the requirement for an application for payment of an allowance for any month or months in a payment period has been waived under subsection (5.1) and an application is required for payment of an allowance for any subsequent month or months in that payment period, the Minister shall, not later than fifteen days before that subsequent month or the first of those subsequent months, notify the survivor in writing that an application is required.
Marginal note:Cancellation of waiver
(5.3) Notwithstanding that the requirement for an application for payment of an allowance for any month or months has been waived under subsection (5.1), the Minister may require that the survivor make such an application for that month or for any of those months, and in such a case, the Minister shall, not later than fifteen days before that month or the first of those months, notify the survivor in writing that an application is required.
Marginal note:Commencement of allowance
(6) An allowance may be paid under this section commencing with the month following the month in which the applicant becomes a survivor or attains sixty years of age, whichever is later.
Marginal note:No allowance payable before September, 1985
(7) Notwithstanding subsections (6) and 23(2), no allowance may be paid under this section for any month prior to September, 1985.
(7.1) In the case of a survivor who was not a widow immediately before the coming into force of this subsection (“widow” having in this subsection the meaning that it had immediately before that coming into force),
Marginal note:Cessation of allowance
(8) An allowance under this section ceases to be payable on the expiration of the month in which the survivor in respect of whom it is paid dies, attains sixty-five years of age or ceases to be a survivor.
(9) No allowance may be paid under this section to a survivor pursuant to an application therefor for
(a) any month more than 11 months before the month in which the application is received or is deemed to have been made or in which the requirement for an application has been waived, as the case may be;
(b) any month throughout which the survivor is absent from Canada, having absented themself from Canada either before or after becoming entitled to an allowance under this Part and having remained out of Canada before that month for six consecutive months, exclusive of the month in which they left Canada; or
(c) any month during which the survivor is
(d) any period of incarceration — exclusive of the first month of that period — during which the survivor is subject to a sentence of imprisonment
(i) that is to be served in a penitentiary by virtue of any Act of Parliament, or
(ii) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which the prison is located has entered into an agreement under section 41 of the Department of Employment and Social Development Act.
Marginal note:Application of paragraph (9)(c)
(9.1) Paragraph (9)(c) does not apply to a survivor where an event as provided by the regulations has occurred.
Marginal note:Resumption of allowance
(9.2) Payment of an allowance suspended by virtue of paragraph (9)(d) shall resume in respect of the month in which the survivor is released but only if they
Marginal note:Amount of allowance to survivor
(10) The amount of the allowance that may be paid under this section to a survivor shall be determined in accordance with subsection 22(4).
Marginal note:Special case
(11) Where subsection (5) applies, subsection (10) also applies in respect of months in the payment period in respect of which the joint application was made and that are after the pensioner’s death.
Marginal note:Eligibility of applicants
(12) A person’s eligibility for an allowance under this section in respect of a deceased spouse or common-law partner is not affected by the eligibility of another person for an allowance under this section in respect of that deceased spouse or common-law partner.
- R.S., 1985, c. O-9, s. 21
- R.S., 1985, c. 34 (1st Supp.), s. 4
- 1995, c. 33, s. 11
- 1998, c. 21, ss. 115, 119
- 2000, c. 12, ss. 197, 207, 208, 209(E)
- 2001, c. 27, s. 266
- 2007, c. 11, s. 20
- 2010, c. 22, s. 8
- 2012, c. 19, s. 298
- 2013, c. 40, s. 236
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
Definition of manslaughter
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.
- 2015, c. 17, s. 2
- Date modified: