Canada Pension Plan Regulations (C.R.C., c. 385)

Regulations are current to 2019-02-28 and last amended on 2019-02-01. Previous Versions

PART VPensions and Supplementary Benefits (continued)

Information and Evidence Required to be Furnished by an Applicant or Beneficiary (continued)

 For the purposes of determining whether any months during which a contributor was a family allowance recipient should not be included in his contributory period, the applicant shall, in the application or thereafter in writing when requested to do so by the Minister, set out or furnish the Minister with such of the following additional information or evidence as is applicable:

  • (a) the name and date of birth of all children in respect of whom the contributor received family allowance benefits or Canada child benefits;

  • (b) the Social Insurance Number, if any, of each of those children;

  • (c) the periods during which the contributor received family allowance benefits or Canada child benefits in respect of those children;

  • (d) the province in which the contributor resided while in receipt of family allowance benefits or Canada child benefits in respect of those children;

  • (e) the Social Insurance Number of the contributor to whom family allowance benefits or Canada child benefits were paid in respect of those children;

  • (f) if known, the name and Social Insurance Number of any other person who received family allowance benefits or Canada child benefits in respect of those children; and

  • (g) such additional documents, statements or records that are in the possession of the applicant or are obtainable by him that will assist the Minister in ascertaining the accuracy of the information and evidence referred to in paragraphs (a) to (f).

  • SOR/93-11, s. 2;
  • SOR/96-522, s. 23;
  • 2016, c. 12, s. 87.
  •  (1) For the purposes of determining whether an application for a division of unadjusted pensionable earnings pursuant to section 55 or paragraph 55.1(1)(b) or (c) of the Act may be approved, the applicant shall, in the application or thereafter in writing when requested to do so by the Minister, set out or furnish the Minister with the information required under section 52 in the case of an application for a benefit, subject to such modifications as the circumstances may require, and with such of the following additional information or evidence as is applicable:

    • (a) the name at birth and present name, the sex, address and Social Insurance Number of each spouse, former spouse or former common-law partner;

    • (b) the date and place of birth of each spouse, former spouse or former common-law partner;

    • (c) whether the spouse, former spouse or former common-law partner is or was in receipt of or has applied for a benefit under the Act or under a provincial pension plan;

    • (d) the date and place of marriage of the spouses or former spouses and their certificate of marriage;

    • (e) the date and place of the dissolution of the marriage of the former spouses;

    • (f) documentary evidence of any such dissolution of marriage, including the decree absolute of divorce, the judgment granting a divorce under the Divorce Act, or the judgment of nullity;

    • (g) the address of all residences where the spouses, former spouses or former common-law partners lived together;

    • (h) the dates of any periods when the spouses, former spouses or former common-law partners did not live together and whether the separations or any of them were for any reason set out in paragraph 78(2)(a) or subsection 78.1(3);

    • (i) the date that the spouses, former spouses or former common- law partners commenced to live separate and apart;

    • (j) the dates of all periods when the spouses, former spouses or former common-law partners lived together in a conjugal relationship;

    • (k) a copy of any written agreement between persons subject to a division that was entered into before June 4, 1986 or any written agreement between such persons that was entered into on or after that date and contains a provision that is binding on the Minister under subsection 55.2(3) of the Act; and

    • (l) such additional documents, statements or records that are in the possession of, or are obtainable by, the applicant as will assist the Minister in ascertaining the accuracy of the information and evidence referred to in paragraphs (a) to (k).

  • (2) The information relating to the marriage in question as provided in accordance with paragraph 55.1(1)(a) of the Act shall be such of the following information as is applicable:

    • (a) the name at birth and present name, the sex, address and Social Insurance Number of each of the former spouses;

    • (b) the date and place of marriage of the former spouses and their certificate of marriage;

    • (c) the date and place of the dissolution of the marriage of the former spouses;

    • (d) a copy of the decree or judgment referred to in that paragraph;

    • (e) the addresses of all residences where the former spouses lived together;

    • (f) the dates of any periods when the former spouses did not live together and whether the separations or any of them were for any reason set out in paragraph 78(2)(a) or subsection 78.1(3);

    • (g) the date that the former spouses commenced to live separate and apart;

    • (h) the dates of all periods when the former spouses lived together in a conjugal relationship; and

    • (i) a copy of any written agreement between persons subject to a division that was entered into before June 4, 1986 or any written agreement between such persons that was entered into on or after that date and contains a provision that is binding on the Minister under subsection 55.2(3) of the Act.

  • SOR/80-757, s. 3;
  • SOR/86-1133, s. 11;
  • SOR/90-829, s. 22;
  • SOR/96-522, s. 23;
  • SOR/2000-411, s. 8.

 For the purposes of determining whether an application for an assignment of a portion of a retirement pension under section 65.1 of the Act may be approved, the applicant shall, in the application or thereafter in writing when requested to do so by the Minister, set out or furnish the Minister with the information required under section 52, subject to such modifications as the circumstances may require, and with such of the following additional information or evidence as is applicable:

  • (a) the name at birth and present name, the sex, address and Social Insurance Number of the applicant’s spouse or common-law partner;

  • (b) the date and place of birth of the applicant’s spouse or common-law partner;

  • (c) whether the applicant’s spouse or common-law partner is or was in receipt of or has applied for a benefit under the Act or under a provincial pension plan;

  • (d) the date and place of marriage of the spouses and their certificate of marriage;

  • (e) the month in which the spouses or common-law partners commenced to live together in a conjugal relationship;

  • (f) the dates of any periods when the spouses or common-law partners did not live together and whether the separations or any of them were for any reason set out in paragraph 78(2)(a) or subsection 78.1(3);

  • (g) documentary evidence of the dissolution of any previous marriage of the applicant, including the decree absolute of divorce, the judgment granting a divorce under the Divorce Act or the judgment of nullity; and

  • (h) such additional documents, statements or records that are in the possession of, or are obtainable by, the applicant as will assist the Minister in ascertaining the accuracy of the information and evidence referred to in paragraphs (a) to (g).

  • SOR/86-1133, s. 11;
  • SOR/90-829, s. 23;
  • SOR/96-522, ss. 11(F), 23;
  • SOR/2000-411, s. 9.

Effective Dates of the Approval or Taking Place of a Division and of the Attribution of Pensionable Earnings Following a Division

  •  (1) For the purposes of the Act,

    • (a) the effective date of the taking place of a division of unadjusted pensionable earnings is the last day of the month in which the information prescribed for the purposes of paragraph 55.1(1)(a) of the Act, and that is listed in subsection 54(2), is received by the Minister; or

    • (b) the effective date of the approval of a division of unadjusted pensionable earnings is the last day of the month in which the application referred to in paragraph 55.1(1)(b) or (c) of the Act is received.

  • (2) The effective date of the attribution of pensionable earnings following the division is the first day of the month following the month in which the effective date of the taking place or approval of the division falls.

  • SOR/86-1133, s. 11;
  • SOR/90-829, s. 24;
  • SOR/93-290, s. 4.

 [Repealed, SOR/2013-83, s. 3]

Special Case for Calculation of Survivor’s Pension

 For the purposes of subsection 58(7) of the Act, where the applicant would be financially prejudiced on account of payment to the applicant of a survivor’s pension as referred to in subsection 58(6) of the Act and would not be financially prejudiced on account of payment to the applicant of a disability pension pursuant to subsection 58(7) of the Act, the Minister’s powers may be exercised in accordance with subsection 58(7) of the Act.

  • SOR/86-1133, s. 11;
  • SOR/90-829, s. 24.

Payment of Benefits to Persons on Behalf of Beneficiaries

  •  (1) Where the Minister is satisfied, on such information or evidence as is presented to him or as he may require, that a beneficiary, by reason of infirmity, illness, insanity or other cause, is incapable of managing his own affairs, the Minister may direct that the benefit be paid on behalf of such beneficiary 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 that beneficiary’s affairs or, where it appears to the Minister that there is no person or agency so authorized, to a person or agency approved by the Minister.

  • (2) Where the Minister directs, pursuant to subsection (1), that a benefit be paid on behalf of a beneficiary to a person or agency referred to in that subsection, no such benefit shall be paid to such person or agency until the person or agency, as the case may be, has undertaken in an agreement with the Minister

    • (a) to administer and expend the benefit on behalf of the beneficiary in accordance with the terms of the agreement; and

    • (b) to furnish any information or evidence and to do anything that the Act or these Regulations require the beneficiary to furnish or do.

  • (3) Any person or agency to whom a benefit is paid pursuant to this section on behalf of a beneficiary shall account, in a form approved by the Minister and at such time or times as he directs, to the Minister for the benefit payments received and the disbursements made of the payments.

  • SOR/89-345, s. 6(F);
  • SOR/96-522, s. 23.
 
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