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Old Age Security Regulations (C.R.C., c. 1246)

Regulations are current to 2020-03-05 and last amended on 2017-11-27. Previous Versions

PART IApplications (continued)

Determination of Average Consumer Price Index for Period of Months

  •  (1) The average of the Consumer Price Index for Canada for a period of months shall be determined by dividing the aggregate of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that period by the number of months in that period.

  • (2) Where the quotient obtained pursuant to subsection (1) contains a fraction that is less than 1, such fraction shall be expressed as a decimal fraction of two digits after the decimal point and

    • (a) the second digit after the decimal point shall be dropped if that digit is less than 5; or

    • (b) the first digit after the decimal point shall be increased by one and the second digit shall be dropped if the second digit is 5 or greater than 5.

Approval of Application for a Supplement

 Where the Minister is satisfied that a pensioner is eligible for a supplement under section 11 of the Act, the Minister shall approve an application for a supplement by that pensioner in accordance with that section.

  • SOR/90-813, s. 6
  • SOR/96-521, s. 5

 If the Minister waives the requirement for an application for a supplement in respect of a person under subsection 11(3.1) of the Act, the Minister’s approval is effective as of the day on which the person attains the age of 65.

  • SOR/2017-225, s. 2

Approval of Application for an Allowance

[SOR/2000-412, s. 2(E)]

 The Minister shall approve an application for an allowance for the spouse or common-law partner of a pensioner or for a survivor where the spouse, common-law partner or survivor is entitled to an allowance under section 19 or 21 of the Act.

  • SOR/81-285, s. 2
  • SOR/89-269, s. 3
  • SOR/96-521, s. 5
  • SOR/2000-412, s. 3
  •  (1) Subject to subsections (2) and (3), where the Minister approves an application for an allowance after the last day of the month in which the application was received, the Minister’s approval shall be effective as of the later of

    • (a) the day on which the application was received, and

    • (b) the day on which the spouse, common-law partner or survivor became entitled to an allowance under section 19 or 21 of the Act.

  • (2) Where the spouse or common-law partner of a pensioner attains the age of 60 years before the day on which the application for an allowance in respect of the spouse or common-law partner is received, the approval of the application by the Minister shall be effective as of the latest of

    • (a) the day that is one year before the day on which the application was received,

    • (b) the day on which the spouse or common-law partner attained the age of 60 years, and

    • (c) the day on which the spouse or common-law partner became entitled to an allowance under section 19 of the Act.

  • (3) Where a survivor is entitled to an allowance under section 21 of the Act before the day on which an application in respect of the survivor is received, the approval of the application by the Minister shall be effective as of the later of

    • (a) the day that is one year before the day on which the application was received, and

    • (b) the day on which the survivor became entitled to an allowance under section 21 of the Act.

  • SOR/81-285, s. 3
  • SOR/89-269, s. 4
  • SOR/90-813, s. 7
  • SOR/96-521, s. 5
  • SOR/2000-412, s. 4

Month in which Loss of Income Occurs

 For the purposes of section 14 of the Act,

  • (a) the month in which an applicant or an applicant’s spouse or common-law partner

    • (i) ceases to hold an office or employment shall be the month in which the last day in respect of which he receives income from that office or employment falls, or

    • (ii) ceases to carry on a business shall be the month in which the last day on which he actively carries on that business falls; and

  • (b) the month in which an applicant or an applicant’s spouse or common-law partner suffers a loss of income due to termination or reduction of pension income shall be the month in which that termination or reduction actually occurs.

  • SOR/84-656, s. 2
  • SOR/90-813, s. 8
  • SOR/96-521, s. 29(F)
  • SOR/2000-412, s. 5

Definition of Pension Income

 For the purposes of section 14 of the Act, pension income means the aggregate of amounts received as

  • (a) annuity payments;

  • (b) alimony and maintenance payments;

  • (c) employment insurance benefits;

  • (d) disability benefits deriving from a private insurance plan;

  • (e) any benefit, other than a death benefit, under the Canada Pension Plan or a provincial pension plan as defined in the Canada Pension Plan;

  • (f) superannuation or pension payments, other than a benefit received pursuant to the Act or any similar payment received pursuant to a law of a provincial legislature;

  • (g) compensation under a federal or provincial employee’s or worker’s compensation law in respect of an injury, disability or death;

  • (h) income assistance benefits under an agreement referred to in subsection 33(1) of the Department of Human Resources Development Act by reason of a permanent reduction in the work force as described in that subsection; and

  • (i) income assistance benefits under the Plant Workers’ Adjustment Program, the Fisheries Early Retirement Program or the Northern Cod Adjustment and Recovery Program by reason of a permanent reduction in the work force.

  • SOR/84-656, s. 3
  • SOR/86-956, s. 1(E)
  • SOR/90-813, s. 9
  • SOR/2001-148, s. 1

Assignment of Social Insurance Numbers to Applicants, Beneficiaries, Spouses or Common-law Partners

 Where a Social Insurance Number has not been assigned to an applicant or beneficiary or to the spouse or common-law partner of an applicant or beneficiary, the Minister may assign or cause to be assigned a Social Insurance Number to the applicant or beneficiary or to the spouse or common-law partner of the applicant or beneficiary.

  • SOR/96-521, ss. 28(F), 29(F)
  • SOR/2000-412, s. 6

Relationship Evidence

 If the Minister has not received sufficient evidence or information in support of an application to determine the relationship between the applicant and their spouse or common-law partner, the applicant or their representative shall allow the Minister access to the following documents:

  • (a) in the case of spouses,

    • (i) an official copy or extract of the record of marriage issued by a competent authority or a certified copy of one, or

    • (ii) if the Minister has sufficient reason to believe that an official copy or extract of the record of marriage or a certified copy is not available,

      • (A) a statutory declaration setting out information as to the marriage, and

      • (B) other evidence of the marriage; and

  • (b) in the case of common-law partners,

    • (i) a statutory declaration setting out information as to the relationship of the common-law partners, and

    • (ii) other evidence of the relationship.

  • SOR/96-521, ss. 27, 29(F)
  • SOR/2000-412, s. 7
  • SOR/2004-249, s. 5

 If the Minister does not have sufficient evidence or information to determine if a person, for whom the requirement for an application for a supplement has been waived under subsection 11(3.1) of the Act, has a spouse or common-law partner, the Minister may use the tax return filed with the Minister of National Revenue by that person for the most recent calendar year for which the filing due date has passed to make that determination.

  • SOR/2017-225, s. 3

Evidence of Age and Identity

[SOR/2004-249, s. 6]
  •  (1) Subject to section 19, the Minister shall determine the age and identity of an applicant for the purposes of the Act in accordance with whichever of subsections (2) to (2.2) is applicable.

  • (2) The Minister shall determine the age and identity of an applicant on the basis of any information provided to the Minister by the Canada Employment Insurance Commission under subsection 28.2(5) of the Department of Employment and Social Development Act.

  • (2.1) The Minister shall determine the age and identity of an applicant on the basis of a birth certificate or a certified copy of one.

  • (2.2) If there is sufficient reason to believe that a birth certificate is not available, the Minister shall determine the age and identity of an applicant on the basis of any other evidence and information with respect to the age and identity of the applicant that is available from any source.

  • (3) If the Minister is unable to determine the age and identity of an applicant under any of subsections (2) to (2.2), the Minister shall, subject to the following conditions, request that Statistics Canada search the census records for information as to the age and identity of the applicant:

    • (a) any such request shall be made in the form prescribed by the Chief Statistician of Canada and shall bear the signed consent of the person concerning whom the information is sought and shall provide such specific information as may be necessary for the purpose of making a search of the census records; and

    • (b) any information supplied by Statistics Canada shall be kept confidential and shall not be used for any purpose other than that of establishing the age of the applicant as required under the Act, the Canada Assistance Plan or the Canada Pension Plan, as the case may be.

  • (4) [Repealed, SOR/96-521, s. 7]

  • SOR/96-521, ss. 7, 27, 29(F)
  • SOR/2004-249, s. 7
  • 2013, c. 40, s. 236
  • SOR/2013-20, s. 6
 
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