Short Title

1 These Regulations may be cited as the Old Age Security Regulations.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Old Age Security Act; (Loi)

  appeal

  appeal means an appeal referred to in subsection 28(1) of the Act or made in respect of a reference; (appel)

  appellant

  appellant means a person who makes an appeal referred to in subsection 28(1) or (2) of the Act or in respect of a reference; (appelant)

  applicant

  applicant[Repealed, SOR/96-521, s. 1]

  application form

  application form means the form of application required by the Minister; (formule de demande)

  beneficiary

  beneficiary includes a person on whose behalf a benefit has become payable; (prestataire)

  Board

  Board[Repealed, SOR/89-269, s. 1]

  Court

  Court means the Tax Court of Canada constituted by the Tax Court of Canada Act; (Cour)

  Minister

  Minister[Repealed, SOR/96-521, s. 1]

  reference

  reference means a reference to the Tax Court of Canada pursuant to subsection 28(2) of the Act; (renvoi)

  Regional Director

  Regional Director[Repealed, SOR/96-521, s. 1]

  request for reconsideration

  request for reconsideration means a request made to the Minister for reconsideration under section 27.1 of the Act; (demande de révision)

  Review Committee

  Review Committee[Repealed, SOR/90-813, s. 1]

  Review Tribunal

  Review Tribunal[Repealed, SOR/96-521, s. 1]

  secretary

  secretary[Repealed, SOR/96-521, s. 1]

• (1.1) In these Regulations,

  • (a) a reference to the age of “60 years” is to be read for the applicable period set out in column 1 of the table to subsection 2.2(1) of the Act as a reference to the corresponding age in column 2; and

  • (b) a reference to the age of “65 years” is to be read for the applicable period set out in column 1 of the table to subsection 2.2(2) of the Act as a reference to the corresponding age in column 2.

• (2) For the purposes of these Regulations, residence and presence in Newfoundland prior to the date of union of Newfoundland with Canada are deemed to be residence and presence in Canada respectively.

• (3) For the purpose of the definition public officer in subsection 33(1) of the Act, a prescribed individual is a person employed in a federal institution or whose services are required by a federal institution, on a casual or temporary basis or under a student employment program.

PART IApplications

Forms for Applications

• 3 (1) Where required by the Minister, an application for a benefit shall be made on an application form.

• (2) Subject to subsections 5(2) and 11(3) of the Act, an application is deemed to have been made only when an application form completed by or on behalf of an applicant is received by the Minister.

• 4 (1) Where the Minister considers that a person is unable for a sufficient reason to make a request for a reconsideration or to make an appeal, an application, a statement or a notice, the request for reconsideration, appeal, application, statement or notice may be made on that person’s behalf by a responsible person or agency.

• (2) Where a person is or has been in receipt of assistance pursuant to the Unemployment Assistance Act or the Canada Assistance Plan, an application for a pension may be made on behalf of that person by the appropriate provincial authority.

Approval of an Application for a Pension

• 5 (1) Subject to subsection (2), where the Minister

  • (a) is satisfied that an applicant is qualified for a pension in accordance with sections 3 to 5 of the Act, and

  • (b) approves the application after the last day of the month in which it was received,

  the Minister’s approval shall be effective on the latest of

  • (c) the day on which the application was received,

  • (d) the day on which the applicant became qualified for a pension in accordance with sections 3 to 5 of the Act, and

  • (e) the date specified in writing by the applicant.

• (2) Where the Minister is satisfied that an applicant mentioned in subsection (1) attained the age of 65 years before the day on which the application was received, the Minister’s approval of the application 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 applicant attained the age of 65 years;

  • (c) the day on which the applicant became qualified for a pension in accordance with sections 3 to 5 of the Act; and

  • (d) the month immediately before the date specified in writing by the applicant.

• (3) Where the Minister, under subsection 5(2) or 11(3) of the Act, deems an application to have been made and approved, the Minister’s approval shall be effective on the day on which the person attained the age of 65 years.

Payment of an Allowance Under Two Dollars

6 Where a spouse, common-law partner or survivor is entitled under Part III of the Act to an allowance in an amount that does not exceed $2 monthly, an allowance of $2 is payable monthly to that spouse, common-law partner or survivor.

Manner of Rounding Off Amount of Partial Monthly Pension

7 Where the amount of a partial monthly pension referred to in subsection 3(3) of the Act contains a fraction of a dollar that is represented by three or more digits,

• (a) if the third digit is less than 5, the third and subsequent digits shall be dropped; and

• (b) if the third digit is 5 or greater than 5, the second digit shall be increased by 1 and the third and subsequent digits shall be dropped.

Manner of Quarterly Adjustment of Benefit

• 8 (1) Where the amount of a full monthly pension or supplement is adjusted quarterly pursuant to subsection 7(2) or 12(2) of the Act,

  • (a) there shall be an adjustment to the nearest cent, in accordance with subsection (2), of the product obtained

    • (i) by multiplying the amount referred to in paragraph 7(2)(a) of the Act by the ratio referred to in paragraph 7(2)(b) of the Act, or

    • (ii) by multiplying the amount referred to in paragraph 12(2)(a) of the Act by the ratio referred to in paragraph 12(2)(b) of the Act; and

  • (b) the ratios referred to in paragraph (a) shall be expressed as decimal fractions in accordance with subsection (3).

• (2) Where the product referred to in paragraph (1)(a) contains a fraction of a dollar that is represented by three or more digits,

  • (a) if the third digit is less than 5, the third and subsequent digits shall be dropped; and,

  • (b) if the third digit is 5 or greater than 5, the second digit shall be increased by 1 and the third and subsequent digits shall be dropped.

• (3) Where the ratios referred to in paragraph (1)(a) contain a fraction that is less than 1, that fraction shall be expressed as a decimal fraction of four digits after the decimal point, and

  • (a) where the fourth digit after the decimal point is less than 5, the fourth digit after the decimal point shall be dropped; and

  • (b) where the fourth digit after the decimal point is 5 or greater than 5, the third digit after the decimal point shall be increased by 1 and the fourth digit after the decimal point shall be dropped.

Determination of Average Consumer Price Index for Period of Months

• 9 (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

10 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.

Approval of Application for an Allowance

11 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.

• 12 (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.

Month in which Loss of Income Occurs

13 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.

Definition of Pension Income

14 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.

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

15 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.

Relationship Evidence

16 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.

17 [Repealed, SOR/2000-412, s. 8]

Evidence of Age and Identity

• 18 (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 139(5) of the Employment Insurance 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]

19 Where the age of an applicant has been determined under the Canada Pension Plan, that determination may be accepted by the Minister for the purposes of the Act.

19.1 [Repealed, SOR/96-521, s. 8]

Residence

20 For the purpose of enabling the Minister to determine the eligibility of an applicant in respect of residence in Canada, there shall be furnished by the applicant or on his behalf a statement giving full particulars of all periods of residence in Canada and of all absences therefrom relevant to such eligibility.

• 21 (1) For the purposes of the Act and these Regulations,

  • (a) a person resides in Canada if he makes his home and ordinarily lives in any part of Canada; and

  • (b) a person is present in Canada when he is physically present in any part of Canada.

• (2) A person who lives on a ship outside the territorial waters of Canada shall, while so living, be deemed not to be living in any part of Canada.

• (2.1) Notwithstanding subsection (1), a person who is not a Canadian citizen or a permanent resident of Canada does not reside in Canada for the purposes of the Act and these Regulations during any period in which he is present in Canada

  • (a) for the purpose of carrying out his duties as a properly accredited diplomat, consular officer, representative or official of

    • (i) a country other than Canada,

    • (ii) the United Nations or any of its agencies, or

    • (iii) any intergovernmental organization in which Canada participates;

  • (b) as a member of a military force present in Canada for training or for any other purpose in connection with the defence or security interests of Canada or under any treaty or agreement between Canada and another country;

  • (c) as the spouse, common-law partner or dependant of a person referred to in paragraph (a) or (b) or the dependant of that person’s spouse or common-law partner; or

  • (d) as a member of the staff of or as a person otherwise accompanying a person referred to in paragraph (a), (b) or (c).

• (3) For the purposes of the Act and these Regulations, where a person becomes the spouse or common-law partner of a person residing in Canada while the person residing in Canada is absent from Canada in any of the circumstances specified in paragraph (5)(a) or (b), the period outside Canada of the spouse after their marriage or of the common-law partner after becoming such a partner is considered a period of residence and presence in Canada, if

  • (a) the spouse or common-law partner returns to Canada either before or within six months after the return of the person residing in Canada or within six months after that person’s death if that person dies while so absent from Canada; or

  • (b) the spouse or common-law partner attains, during that period outside Canada, an age at which the spouse or common-law partner is eligible to be paid a pension under the Act.

• (4) Any interval of absence from Canada of a person resident in Canada that is

  • (a) of a temporary nature and does not exceed one year,

  • (b) for the purpose of attending a school or university, or

  • (c) specified in subsection (5)

  shall be deemed not to have interrupted that person’s residence or presence in Canada.

• (5) The absences from Canada referred to in paragraph (4)(c) of a person residing in Canada are absences under the following circumstances:

  • (a) while that person was employed out of Canada

    • (i) by the United Nations or one of its specialized agencies,

    • (ii) by the North Atlantic Treaty Organization,

    • (iii) by the Commonwealth Secretariat,

    • (iv) by the Organization of Economic Cooperation and Development,

    • (v) by l’Agence de coopération culturelle et technique, or

    • (vi) by a Canadian firm or corporation as a representative or member thereof,

    if during his employment out of Canada he

    • (vii) had in Canada a permanent place of abode to which he intended to return, or

    • (viii) maintained in Canada a self-contained domestic establishment,

    and he returned to Canada within six months after the end of his employment out of Canada or he attained, while employed out of Canada, an age at which he was eligible to be paid a pension under the Act;

  • (b) while that person was employed or engaged out of Canada

    • (i) by the Government of Canada or of the government or a municipal corporation of any province,

    • (ii) in the performance of services in another country under a development or assistance program that is sponsored or operated in that country by the Government of Canada or of a province or by a non-profit Canadian agency,

    • (iii) as a member of the Canadian Forces, pursuant to and in connection with the requirements of his duties,

    • (iv) in work for Canada connected with the prosecution of any war,

    • (v) as a member of the armed forces of any ally of Canada during any war,

    • (vi) as a missionary with any religious group or organization,

    • (vii) as a worker in lumbering, harvesting, fishing or other seasonal employment,

    • (viii) as a transport worker on trains, aircraft, ships or buses running between Canada and points outside Canada or other similar employment, or

    • (ix) as an employee, a member or an officer of an international charitable organization,

    if he returned to Canada within six months of the end of his employment or engagement out of Canada or he attained, while employed or engaged out of Canada, an age at which he was eligible to be paid a pension under the Act;

  • (c) while that person was accompanying their spouse or common-law partner who was absent from Canada in any of the circumstances specified in paragraph (a) or (b) or for the purpose of attending school or university, if that person

    • (i) returned to Canada either before or within six months after the return of their spouse or common-law partner or within six months after the death of their spouse or common-law partner, if their spouse or common-law partner died while so absent from Canada, or

    • (ii) while so absent from Canada, attained an age at which he was eligible to be paid a pension under the Act;

  • (d) while that person was awaiting transportation to Canada during or immediately after World War II, if he

    • (i) was unable to return to Canada owing to the dislocation of transportation facilities, and

    • (ii) returned to Canada when transportation became available;

  • (e) while that person was accompanying his spouse who was resident in Canada and awaiting transportation to Canada during or immediately after World War II, if that person

    • (i) was unable to return to Canada owing to the dislocation of transportation facilities, and

    • (ii) returned to Canada when transportation became available; or

  • (f) while that person was a dependent person and was accompanying and residing outside Canada with the person on whom he was dependent, if the person on whom he was dependent resided in Canada and was absent from Canada in any of the circumstances specified in paragraph (a) or (b) and if the dependent person

    • (i) returned to Canada before or within six months after the return of the person on whom he was dependent or within six months after that person’s death, if that person died while so absent from Canada, or

    • (ii) while so absent from Canada, attained an age at which he was eligible to be paid a pension under the Act.

• (5.1) Where, by virtue of an agreement entered into under subsection 40(1) of the Act, a person is subject to the Act while residing in a country other than Canada, the absence from Canada of that person, the person’s spouse or common-law partner and the dependants of the person or of the person’s spouse or common-law partner, if the spouse, common-law partner or dependants, as the case may be, reside with the person in that country, shall, for the purposes of an allowance, not be considered to have interrupted the residence or presence in Canada of the person, spouse, common-law partner or dependants.

• (5.2) Where a person who is resident in Canada is subject to the legislation of a country other than Canada by virtue of an agreement entered into under subsection 40(1) of the Act, and the person’s spouse or common-law partner or the dependant of the person or of the person’s spouse or common-law partner engages in pensionable employment as defined in the Canada Pension Plan or in the plan of a province providing a comprehensive pension plan, any period in such pensionable employment shall, for the purposes of the Act and these Regulations, be considered to be a period of residence in Canada.

• (5.3) Where, by virtue of an agreement entered into under subsection 40(1) of the Act, a person is subject to the legislation of a country other than Canada, that person shall, for the purposes of the Act and these Regulations, be deemed not to be resident in Canada.

• (6) For the purposes of paragraph (5)(f), dependent person means, with respect to a person who was absent from Canada in any of the circumstances specified in paragraph (5)(a) or (b), that person’s father, mother, brother, sister, child or foster child or the father, mother, child or foster child of the person’s spouse or common-law partner.

• (7) Dependant means

  • (a) with respect to a person who does not reside in Canada within the meaning of subsection (2.1),

  • (b) with respect to a person who is deemed to be resident in Canada within the meaning of subsection (5.1), or

  • (c) with respect to a person referred to in subsection (5.2) who, while resident in Canada is subject to the legislation of a country other than Canada,

  that person’s father, mother, brother, sister, child or foster child or the father, mother, child or foster child of the person’s spouse or common-law partner.

22 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.

Application of International Agreements

22.01 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.

Sponsorship Immigrants

• 22.1 (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.

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

• 23 (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.

Payment to Person other than Beneficiary

• 24 (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.

Notices by or on Behalf of an Applicant or Beneficiary

• 25 (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]

Suspension of Payments

• 26 (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.

Recovery of Overpayments

27 For the purpose of subsection 37(2.1) of the Act, an amount of indebtedness that is owing may be deducted and retained out of the whole or any portion of a benefit that is payable to the person or the person’s estate or succession, under this Act or any other Act or program administered by the Minister, that will recover the overpayment in a single payment or in instalments, in any amount that does not cause undue hardship to the person or the person’s estate or succession.

28 [Repealed, SOR/99-193, s. 2]

Deductions from Benefits

• 28.1 (1) For the purposes of subsection 36(2) of the Act, the Minister may make a deduction from a benefit payable under the Act if

  • (a) the provincial authority or the municipal authority that paid the advance, assistance or welfare payments submits a record of the payment to the Minister, together with an irrevocable consent to the deduction signed by the person receiving the payment;

  • (b) the record and consent referred to in paragraph (a) are received by the Minister prior to the expiration of one year after the day on which the consent is signed;

  • (c) the Minister and the provincial authority or the municipal authority that paid the advance, assistance or welfare payment referred to in paragraph (a) have concluded an agreement in respect of the procedure to be followed in submitting records and consents; and

  • (d) the amount deducted exceeds $50.

• (2) For the purpose of subsection 36(2) of the Act, if, for any reason, no deduction has been made or a deduction and payment have been made by the Minister for an amount that is less than the amount that might have been paid under that subsection, the Minister shall not authorize any other deduction and payment.

Access to Privileged Information

• 28.2 (1) For the purposes of subsection 33.01(2) of the Act information may be made available to a person or body pursuant to a written request by an individual or their representative if the request is signed within one year before the day on which it is received by the Minister.

• (2) The person or body may, on application, have annual access to the information if the request referred to in subsection (1) indicates that the individual or representative consents to the provision of the information on an annual basis, and until the individual or representative revokes the request or the individual dies.

28.3 For the purpose of paragraph 33.01(3)(d) of the Act, the information referred to in subsection 33.01(3) of the Act in respect of an individual may be made available during the individual’s lifetime to any other individual authorized by that individual if

• (a) the authorizing individual has made a written request to that effect to the Minister, signed within one year before the day on which it was received by the Minister; and

• (b) the authorizing individual has consented in that request to the provision of the information to the authorized individual and has not revoked that consent.

Prescribed Federal Institutions and Federal Acts

28.4 For the purpose of subsection 33.03(2.1) of the Act, the prescribed federal institution

• (a) for the administration of the Library and Archives of Canada Act is the Library and Archives of Canada; and

• (b) for the administration of the Statistics Act is Statistics Canada.

PART IIReconsiderations

Request for Reconsideration

29 A request for a reconsideration under section 27.1 of the Act shall be made in writing and be conveyed to the Minister and shall set out

• (a) the name, address and Social Insurance Number or Account Number of the person; and

• (b) the grounds for the request for a reconsideration and a statement of the facts that form the basis of that request.

30 to 37 [Repealed, SOR/96-521, s. 18]

Reference to Tax Court of Canada

38 Where a ground of appeal referred to in subsection 28(2) of the Act is set out in a notice of appeal forwarded pursuant to subsection 28(1) of the Act, the Commissioner of Review Tribunals as defined in section 2 of the Canada Pension Plan Regulations shall

• (a) notify the appellant and the Minister that the appellant’s appeal on that ground has been referred to the Court pursuant to subsection 28(2) of the Act; and

• (b) transmit to the Registrar of the Court a copy of the relevant documents pursuant to section 5 of the Review Tribunal Rules of Procedure as relate to the reference.

• 38.1 (1) Where an appeal is made in relation to a reference under subsection 28(2) of the Act and the Minister is of the opinion that a person other than the appellant may be directly affected by the decision of the Court, the Minister shall so notify the Commissioner of Review Tribunals.

• (2) On notification, the Commissioner of Review Tribunals shall so notify the Registrar of the Court and the Registrar shall add that person as a party to the appeal.

• 39 (1) The Registrar of the Court, on receipt of the documents transmitted by the Commissioner of Review Tribunals pursuant to paragraph 38(b), shall immediately notify the Chief Judge of the Court, the Commissioner of Review Tribunals, the Minister and any person added as a party to the appeal of that receipt.

• (2) When the Chief Judge of the Court is notified pursuant to subsection (1), the Chief Judge shall appoint a judge of the Court to hear the reference.

Date and Place of Reference

• 40 (1) The Registrar of the Court, in consultation with the judge of the Court appointed pursuant to subsection 39(2) to hear the reference, shall fix the date, time and place for the hearing of the reference.

• (2) The hearing of a reference shall be held in the city, town or village in which or nearest to which the appellant is ordinarily resident unless the appellant consents in writing to the hearing being held at some other place.

• (3) The Registrar of the Court shall, by registered mail, notify the appellant, the Commissioner of Review Tribunals, the Minister and any person added as a party to the appeal of the date, place and time fixed for the hearing of the reference.

Procedure before Tax Court of Canada

• 41 (1) Proceedings before the Court shall be informal and shall be conducted in a summary manner.

• (2) The judge appointed pursuant to subsection 39(2), subject to the right of all parties or their representatives to be heard, shall determine the procedure to be followed at the hearing of the reference.

42 The judge appointed pursuant to subsection 39(2) may, with the consent of the appellant, require that written submissions be filed by the appellant, the Minister and any person added as a party to the appeal in addition to or in lieu of an oral hearing.

Decision of Tax Court of Canada

43 [Repealed, SOR/2000-133, s. 11]

• 44 (1) The judge appointed pursuant to subsection 39(2) shall advise the Registrar of the Court of the judge’s decision.

• (2) The Registrar of the Court, after being advised of the decision in accordance with subsection (1), shall forward to the appellant, the Commissioner of Review Tribunals, the Minister and any person added as a party to the appeal a certified copy of the decision.

45 No costs shall be awarded on the disposition of a reference and no fees shall be charged to the appellant by the Court.

46 Where a notice of appeal sets out a ground of appeal that is not referred to the Court pursuant to subsection 28(2) of the Act and a ground of appeal that has been referred to the Court pursuant to that subsection, the Commissioner of Review Tribunals, on receipt of a certified copy of the decision of the Court, shall forthwith proceed in accordance with the Review Tribunal Rules of Procedure.

47 All notices, requests and other documents shall be addressed to the person to whom they are required to be sent, forwarded or mailed at his last known address.

Interest on Amounts Owing to Her Majesty

• 48 (1) The following definitions apply in this section.

  average bank rate

  average bank rate means the simple arithmetic mean of the bank rates that are established during the month before the month in respect of which interest is being calculated. (taux d’escompte moyen)

  bank rate

  bank rate means the rate of interest established weekly by the Bank of Canada as the minimum rate at which the Bank of Canada makes short-term advances to members of the Canadian Payments Association. (taux d’escompte)

  debt

  debt means

  • (a) a debt due under subsection 37(2) of the Act in respect of which a penalty has been imposed under section 44.1 of the Act; or

  • (b) a debt due under subsection 37(2.02) of the Act. (créance)

  demand for payment

  demand for payment means a demand for payment in writing and includes a notification of a decision to impose a penalty under section 44.1 of the Act or of the amount of a penalty imposed under that section. (demande de paiement)

  due date

  due date means, in respect of a debt,

  • (a) where a payment schedule has been established, any day on which a scheduled payment is to be made; or

  • (b) where no payment schedule has been established, the day that is 120 days after the day on which a demand for payment was issued. (date d’exigibilité)

• (2) Interest is payable on all debts that are recoverable on or after the day on which this section comes into force.

• (3) The accrual of interest on a debt, at the rate set out in subsection (4), begins on the due date.

• (4) Interest accrues on a debt at a rate that is calculated daily and compounded monthly at the average bank rate plus three per cent.

• (5) Interest does not accrue on a debt during the period in which a reconsideration under subsection 27.1(2) of the Act, an appeal under subsection 28(1) of the Act or a judicial review under the Federal Courts Act is pending in respect of that debt.

• (6) The accrual of interest on a debt or on a portion of the debt, as applicable, ceases on

  • (a) the day before the day on which a scheduled payment in respect of the debt or a payment of the debt in full is received by Her Majesty;

  • (b) the day on which the debt or the portion of the debt is remitted under subsection 37(4) of the Act;

  • (c) the day on which the penalty that constitutes the debt is reduced or the decision imposing that penalty is rescinded under

    • (i) subsection 44.1(4) of the Act, or

    • (ii) the latest of the following decisions in respect of a decision or determination of the Minister under section 44.1 of the Act:

      • (A) a decision of the Minister under subsection 27.1(2) of the Act, and

      • (B) a decision on an appeal under subsection 28(1) of the Act or a judicial review under the Federal Courts Act;

  • (d) the day on which the accrued interest is remitted under subsection (7); or

  • (e) the day on which the debtor dies.

• (7) The conditions under which the Minister may remit in whole or in part the interest payable under this section are that

  • (a) the interest has ceased to accrue in accordance with paragraph (6)(c);

  • (b) the interest cannot be collected within the reasonably foreseeable future;

  • (c) the administrative costs of collecting the interest would exceed the amount of that interest; and

  • (d) the payment of the interest would result in undue hardship to the debtor.