Old Age Security Act

Marginal note:Regulations

34 The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without restricting the generality of the foregoing, may make regulations

• (a) prescribing the manner of making any application, statement or notification required or permitted by this Act, the information and evidence to be made available or allowed to be made available in connection therewith and the procedure to be followed in dealing with and approving applications;

• (b) prescribing the manner in which the average of the Consumer Price Index for any period of months shall be determined and the manner in which any such average that is determined to be a fraction of a whole number shall be expressed;

• (c) defining the expression “pension income” for the purposes of section 14;

• (d) for determining, for the purposes of any provision of section 14, the month in which or the month immediately before the month in which an applicant or an applicant’s spouse or common-law partner ceased to hold an office or employment, ceased to carry on a business or suffered a loss of income due to termination or reduction of pension income;

• (e) prescribing the circumstances that shall be deemed to constitute, or prescribing what shall be or shall be deemed to be, an application by or on behalf of persons who are qualified for a pension under this Act and who, on or before December 31, 1951, applied for or were granted a pension as defined in the Old Age Pensions Act, chapter 156 of the Revised Statutes of Canada, 1927, and prescribing the time at which such applications shall be deemed to have been made or approved;

• (f) prescribing the information and evidence to be made available or allowed to be made available by beneficiaries and the circumstances and form in which the information or evidence shall be submitted;

• (g) providing for the assignment of Social Insurance Numbers by the Minister to applicants and beneficiaries, and to the spouses or common-law partners of applicants and beneficiaries, to whom such numbers have not earlier been assigned;

• (h) defining residence and presence in Canada and defining intervals of absence from Canada that shall be deemed not to have interrupted residence or presence in Canada;

• (i) providing, in the case of an allowance the amount of which is less than such amount not exceeding two dollars as may be prescribed in the regulations, for the payment of the allowance to the beneficiary at such intervals less frequently than monthly as may be prescribed in the regulations, or for the payment monthly of the prescribed amount to the beneficiary;

• (j) providing for the suspension of payment of a benefit during an investigation into the eligibility of the beneficiary and the reinstatement or resumption of the payment thereof;

• (k) prescribing the circumstances in which the spouse or common-law partner of a pensioner shall be deemed to be separated from the pensioner for the purposes of paragraph 19(1)(a) and subsection 19(5);

• (l) prescribing the circumstances in which a pensioner shall be deemed to be separated from the pensioner’s spouse for the purposes of subsections 15(4.1) and (6.1);

• (m) prescribing the manner in which any amount required by this Act to be deducted and retained out of any benefit payment shall be so deducted and retained;

• (n) prescribing the procedure to be followed on any reference under subsection 28(2);

• (o) providing for the making of any application or statement, or the doing of any other act or thing required or permitted by this Act, by any person or agency, and for the payment of a benefit to any person or agency, on behalf of any other person or beneficiary if it is established in any manner and by any evidence that may be prescribed by the regulations that the other person or beneficiary is, by reason of infirmity, illness, insanity or other cause, incapable of managing their own affairs, and prescribing the manner in which any benefit authorized to be paid to the person or agency shall be administered and expended for the benefit of the other person or beneficiary and accounted for;

• (p) providing events for the purposes of subsections 11(8), 19(6.2) and 21(9.1);

• (q) prescribing anything that must or may be prescribed by regulations made under this Act; and

• (r) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with a document or information under this Act, including

  • (i) the technology or process, and the format, that must be used,

  • (ii) the place where an electronic document is to be made or sent,

  • (iii) the time and circumstances when an electronic document is considered to be sent or received and the place where it is considered to have been sent or received,

  • (iv) the technology or process to be used to make or verify an electronic signature and the manner in which the signature is to be used, and

  • (v) the circumstances in which an electronic document must be signed with an electronic signature or a secure electronic signature; and

• (s) providing that a requirement under a provision of this Act to provide a document or information by non-electronic means is satisfied by the provision of an electronic document if the prescribed conditions, if any, have been complied with.