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)

Declaration of Enrolment or Attendance at a School or University

 An applicant or beneficiary shall, in support of his claim that a dependent child of 18 or more years of age

  • (a) is or has been enrolled in a course requiring full-time attendance at a school or university, file with the Minister a declaration signed by a responsible officer of the institution, certifying to such enrolment; and

  • (b) is or has been for a period of time in full-time attendance at a school or university, file with the Minister a declaration of such attendance signed by the child.

  • SOR/86-1133, s. 15;
  • SOR/96-522, s. 23.

Determination of Disability

  •  (1) Where an applicant claims that he or some other person is disabled within the meaning of the Act, he shall supply the Minister with the following information in respect of the person whose disability is to be determined:

    • (a) a report of any physical or mental disability including

      • (i) the nature, extent and prognosis of the disability,

      • (ii) the findings upon which the diagnosis and prognosis were made,

      • (iii) any limitation resulting from the disability, and

      • (iv) any other pertinent information, including recommendations for further diagnostic work or treatment, that may be relevant;

    • (b) a statement of that person’s occupation and earnings for the period commencing on the date upon which the applicant alleges that the disability commenced; and

    • (c) a statement of that person’s education, employment experience and activities of daily life.

  • (2) In addition to the requirements of subsection (1), a person whose disability is to be or has been determined pursuant to the Act may be required from time to time by the Minister

    • (a) to supply a statement of his occupation and earnings for any period; and

    • (b) to undergo such special examinations and to supply such reports as the Minister deems necessary for the purpose of determining the disability of that person.

  • (3) The reasonable cost of any examination or report required under subsection (2) shall be

    • (a) paid by way of reimbursement or advance, as the Minister deems fit;

    • (b) paid out of the Consolidated Revenue Fund; and

    • (c) charged to the Canada Pension Plan Account as a cost of administration of the Act.

  • (4) For the purposes of this section, cost includes travel and living expenses that the Minister deems necessary of the person whose disability is to be determined and of a person to accompany that person.

  • SOR/96-522, s. 23;
  • SOR/2010-45, s. 4.
  •  (1) For the purpose of subparagraph 42(2)(a)(i) of the Act, substantially gainful, in respect of an occupation, describes an occupation that provides a salary or wages equal to or greater than the maximum annual amount a person could receive as a disability pension. The amount is determined by the formula

    (A × B) + C

    where

    A
    is .25 × the Maximum Pensionable Earnings Average;
    B
    is .75; and
    C
    is the flat rate benefit, calculated as provided in subsection 56(2) of the Act, × 12.
  • (2) If the amount calculated under subsection (1) contains a fraction of a cent, the amount is to be rounded to the nearest whole cent or, if the amount is equidistant from two whole cents, to the higher of them.

  • SOR/2014-135, s. 1.
  •  (1) For the purpose of determining whether any amount shall be paid or shall continue to be paid as a benefit in respect of a person who has been determined to be disabled within the meaning of the Act, the Minister may require that person from time to time

    • (a) to undergo such special examinations,

    • (b) to supply such reports, and

    • (c) to supply such statements of his occupation and earnings for any period,

    as the Minister may specify.

  • (2) Where the Minister is of the opinion that a person who has been determined to be disabled within the meaning of the Act may benefit vocationally from reasonable rehabilitation measures, he may, from time to time, require that person to undergo such reasonable rehabilitation measures as he may specify.

  • (3) The reasonable cost of any examination or report or rehabilitation measure required under this section shall be

    • (a) paid by way of reimbursement or advance, as the Minister deems fit;

    • (b) paid out of the Consolidated Revenue Fund; and

    • (c) charged to the Canada Pension Plan Account as a cost of administration of the Act.

  • (4) For the purposes of this section, cost includes travel and living expenses that the Minister deems necessary of the disabled person and of a person to accompany that person.

  • SOR/96-522, s. 23.
  •  (1) Where a person who has been determined to be disabled within the meaning of the Act fails without good cause to comply with any requirement of the Minister made under section 69, he may be determined to have ceased to be disabled at such time as the Minister may specify except that such time shall not be earlier than the day of failure to comply.

  • (2) For the purpose of subsection (1), good cause means a significant risk to a person’s life or health.

  • SOR/96-522, s. 23.

Return to Work

 If a person who has been determined to be disabled within the meaning of the Act returns to work, the person shall so inform the Minister without delay.

  • SOR/2005-38, s. 1.

Request for Reinstatement of Disability Pension, Post-Retirement Disability Benefit or Disabled Contributor’s Child Benefit

[SOR/2018-281, s. 5]
  •  (1) A request for reinstatement of a disability pension or a post-retirement disability benefit under section 70.1 of the Act shall be made by submitting it to the Minister in writing.

  • (2) The request shall be made within 12 months after the month in which the person became incapable again of working.

  • SOR/2005-38, s. 1;
  • 2013, c. 40, s. 237;
  • SOR/2018-281, s. 6.
  •  (1) The determination as to whether a person is entitled to have a disability pension or a post-retirement disability benefit reinstated shall be made by the Minister on the basis of the information and the evidence provided to the Minister under subsection (2).

  • (2) The applicant or the person making a request on the applicant’s behalf shall furnish the Minister with the following information and evidence:

    • (a) the applicant’s name, address and Social Insurance Number and, if applicable, the name and address of the person making the request on the applicant’s behalf and that person’s relationship to the applicant;

    • (b) the month in which the applicant ceased to receive the disability pension or post-retirement disability benefit;

    • (c) the month in which the applicant became incapable again of working;

    • (d) the date that the applicant stopped working;

    • (e) the statement of a person qualified to practise medicine confirming that the applicant has a severe and prolonged mental or physical disability that is the same as, or is related to, the disability that entitled the applicant to receive the disability pension or post-retirement disability benefit that is the subject of the request;

    • (f) the name of each dependent child of the applicant and whether the child is living with or apart from the applicant; and

    • (g) if the request includes a request to reinstate the disabled contributor’s child benefit in respect of each of the applicant’s children who are 18 years of age or more,

      • (i) the child’s name, address and Social Insurance Number, and

      • (ii) evidence, established in accordance with section 67, that the child is in full-time attendance at a school or university.

  • SOR/2005-38, s. 1;
  • SOR/2010-45, s. 6;
  • SOR/2018-281, s. 7.

 [Repealed, SOR/2010-45, s. 7]

 
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