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

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  applicant[Repealed, SOR/96-521, s. 1]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  Board[Repealed, SOR/89-269, s. 1]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  Minister[Repealed, SOR/96-521, s. 1]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  Regional Director[Repealed, SOR/96-521, s. 1]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  Review Committee[Repealed, SOR/90-813, s. 1]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  Review Tribunal[Repealed, SOR/96-521, s. 1]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  secretary[Repealed, SOR/96-521, s. 1]

• (1.1) [Repealed, SOR/2017-225, s. 1]

• (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.

• (4) If the Minister waives the requirement for an application in respect of a person under subsection 5(4) of the Act, the Minister’s approval is effective on the day on which the person attains 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, as increased under subsection 7.1(2) of the Act if applicable, 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 subparagraph (1)(a)(i), as increased under subsection 7.1(1) of the Act if applicable, or the product referred to in subparagraph (1)(a)(ii), 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.

10.1 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.

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.