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Old Age Security Regulations

Version of section 22 from 2016-11-01 to 2024-11-26:

  •  (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

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