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

Search

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)

Legal Residence

  •  (1) For the purposes of subsections 4(1), 19(2) and 21(2) of the Act, legal residence, with respect to a person described in any of those subsections, means that, on the applicable day specified in paragraph (a) or (b) of those subsections, that person

    • (a) is or was lawfully in Canada pursuant to the immigration laws of Canada in force on that day;

    • (b) is or was a resident of Canada and is or was absent from Canada, but

      • (i) is deemed, pursuant to subsection 21(4) or (5) or under the terms of an agreement entered into under subsection 40(1) of the Act, not to have interrupted the person’s residence in Canada during that absence, and

      • (ii) was lawfully in Canada pursuant to the immigration laws of Canada immediately prior to the commencement of the absence; or

    • (c) is not or was not resident of Canada but is deemed, pursuant to subsection 21(3) or under the terms of an agreement entered into under subsection 40(1) of the Act, to be or to have been resident in Canada.

  • (2) For the purposes of section 4.1 of the Act as it relates to the requirement of paragraph 4(1)(a) of the Act, the prescribed information is both

    • (a) a current address in Canada; and

    • (b) the information that is referred to in

      • (i) paragraph 21(8)(a), in the case of a person who is in receipt of or has been approved for a retirement, disability or survivor’s pension under the Canada Pension Plan or a retirement, disability or surviving spouse’s pension under An Act respecting the Québec Pension Plan, CQLR, c. R-9, or

      • (ii) paragraph 21(8)(b), in the case of a person who is not in receipt of and has not been approved for a retirement, disability or survivor’s pension under the Canada Pension Plan or a retirement, disability or surviving spouse’s pension under An Act respecting the Québec Pension Plan, CQLR, c. R-9.

  • SOR/78-699, s. 1
  • SOR/81-285, s. 6
  • SOR/89-269, s. 7
  • SOR/90-813, s. 11
  • SOR/96-521, s. 10
  • SOR/2013-23, s. 8
  • SOR/2016-274, s. 2

Application of International Agreements

 The agreements referred to in the schedule, which were entered into under subsection 40(1) of the Act for the making of reciprocal arrangements relating to the administration or operation of the Act, shall, in order to give full effect to the Act, be applied in Canada in a manner that extends to common-law partners the treatment afforded to spouses.

  • SOR/2000-412, s. 10

Sponsorship Immigrants

  •  (1) For the purposes of subsections 11(8), 19(6.2) and 21(9.1) of the Act, the following are events in relation to a sponsor referred to in those subsections:

    • (a) the death of the sponsor;

    • (b) the sponsor’s conviction of an offence under the Criminal Code relating to the sponsored individual;

    • (c) a determination that the sponsor is a bankrupt as defined in section 2 of the Bankruptcy and Insolvency Act; and

    • (d) the sentencing of the sponsor to a term of imprisonment of more than six months.

  • (2) Subsection (1) applies to a sponsor

    • (a) whose undertaking in respect of a pensioner, the spouse or common-law partner of a pensioner, or a survivor, as the case may be, was in effect on or after March 7, 1996; and

    • (b) to whom an event referred to in any of paragraphs (1)(a) to (d) occurred on or after March 7, 1996.

  • SOR/97-530, s. 1
  • SOR/2000-412, s. 11

Further Information and Investigation Before or After the Approval of an Application or Before or After the Requirement of an Application Is Waived

[SOR/96-521, s. 11]
  •  (1) The Minister, at any time before or after approval of an application or after the requirement for an application is waived, may require the applicant, the person who applied on the applicant’s behalf, the beneficiary or the person who receives payment on the applicant’s behalf, as the case may be, to make available or allow to be made available further information or evidence regarding the eligibility of the applicant or the beneficiary for a benefit.

  • (2) The Minister may at any time make an investigation into the eligibility of a person to receive a benefit including the capacity of a beneficiary to manage his own affairs.

  • SOR/96-521, ss. 12, 27, 28(F)

Payment to Person other than Beneficiary

[SOR/96-521, s. 28(F)]
  •  (1) Where a person or agency provides evidence satisfactory to the Minister that a beneficiary, by reason of infirmity, illness, insanity or other cause, is incapable of managing his own affairs, the Minister may direct the benefit to be paid on behalf of such beneficiary

    • (a) to any person or agency that the Minister is satisfied is authorized by or pursuant to any law of Canada or of a province to manage the affairs of that beneficiary; or

    • (b) where the Minister is not satisfied that any person or agency is so authorized, to any person or agency that the Minister may appoint for such purpose and that has entered into an agreement with the Minister to administer and expend the benefit on behalf of that beneficiary in accordance with the terms of the agreement.

  • (2) The Minister shall furnish to a person or agency appointed under subsection (1) to receive a benefit such directions regarding the administration and expenditure of the benefit as the Minister considers in the best interests of the beneficiary.

  • (3) Any person or agency appointed under subsection (1) shall account for the benefit payments received and the disbursements made, the account to be in such form and to be made at such times as the Minister may require.

  • (4) Where a benefit is paid to any person or agency to be administered and expended for and on behalf of a beneficiary, the notices required by section 25 shall be given by such person or agency.

  • (5) A benefit payment may be made to the estate of a deceased beneficiary or, if there is no estate, to a person or agency designated by the Minister, where

    • (a) an amount is payable as a benefit to the deceased beneficiary; or

    • (b) a benefit payment made to the beneficiary or made on behalf of the beneficiary by cheque or otherwise is returned to the Minister after the beneficiary’s death.

  • SOR/83-84, s. 4
  • SOR/96-521, ss. 13, 27, 28(F)
  • SOR/2000-133, s. 9(F)

Notices by or on Behalf of an Applicant or Beneficiary

[SOR/96-521, ss. 28(F), 29(F)]
  •  (1) Where an applicant or a beneficiary has absented himself from Canada for a period in excess of one month, he shall forthwith give notice thereof to the Minister and within one month of his return to Canada shall notify the Minister of his return.

  • (2) An applicant or a beneficiary shall notify the Minister of the address to which his benefit is to be sent and, in the event of any change of such address, shall forthwith notify the Minister of the change.

  • (3) Where joint applicants for an allowance become separated, the beneficiary and the pensioner shall immediately notify the Minister thereof.

  • (4) Where the beneficiary of an allowance dies, the pensioner shall immediately notify the Minister thereof.

  • (5) [Repealed, SOR/81-285, s. 7]

  • SOR/81-285, s. 7
  • SOR/96-521, ss. 27, 28(F), 29(F)
  • SOR/2000-412, s. 12

Suspension of Payments

  •  (1) The Minister shall suspend the payment of a benefit in respect of any beneficiary where it appears to him that the beneficiary is ineligible for payment of the benefit and may suspend the payment where it appears to him that further inquiry into the eligibility of the beneficiary is necessary, and such suspension shall continue until evidence satisfactory to the Minister is given that the beneficiary is eligible for the benefit.

  • (2) When payment of any benefit that has been suspended under subsection (1) is resumed, the Minister shall cause payment of the benefit to be made for any portion of the period of suspension during which the beneficiary was eligible for benefit.

  • SOR/96-521, ss. 27, 28(F)

Cancellation of Pension or Supplement

[SOR/2017-225, s. 4]
  •  (1) For the purposes of subsections 9.3(1) and 18.2(1) of the Act, a request for cancellation of a pension or supplement shall be made to the Minister in writing no later than six months after the day on which payment of the pension or supplement, as the case may be, begins.

  • (2) For the purposes of subsection 9.3(2) of the Act, the amount of any pension and related supplement or allowance shall be repaid no later than six months after the day on which the request is granted.

  • (3) For the purposes of subsection 18.2(2) of the Act, the amount of any supplement and related allowance shall be repaid no later than six months after the day on which the request is granted.

  • SOR/2013-23, s. 9
  • SOR/2017-225, s. 5
 
Date modified: