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

Regulations are current to 2019-04-25 and last amended on 2019-02-01. Previous Versions

PART VPensions and Supplementary Benefits (continued)

Whole or Substantial Maintenance

 For the purposes of subsection 42(1) of the Act, wholly or substantially, with reference to the maintenance of one or more dependent children of a deceased contributor, means that the survivor of that contributor provides more than 50 per cent of the maintenance provided for such children by all persons other than such children or any other dependent child of that contributor.

  • SOR/90-829, s. 28
  • SOR/2000-411, s. 18

Maintenance of Child

 For the purposes of subsection 42(1) and paragraph 76(1)(d) of the Act, maintaining the child

  • (a) with reference to the child of a deceased contributor, means making periodically, for the child, until the contributor’s death, financial provision amounting to not less than the orphan’s benefit payable under the Act; and

  • (b) with reference to the child of a disabled contributor, means making periodically, for the child, financial provision amounting to not less than the disabled contributor’s child’s benefit payable under the Act.

  • SOR/86-1133, s. 15
  • SOR/90-829, s. 29

Full-Time Attendance at a School or University

  •  (1) For the purpose of paragraph (b) of the definition dependent child in subsection 42(1) of the Act, full-time attendance at a school or university means full-time attendance at a school, college, university or other educational institution that provides training or instruction of an educational, professional, vocational or technical nature and a dependent child shall be deemed to be or to have been in full-time attendance at a school or university during an absence by reason of a normal period of scholastic vacation.

  • (2) Where a dependent child

    • (a) after having been in full-time attendance at a school or university at the beginning of an academic year, is absent from the institution, or

    • (b) is absent owing to his failure to resume full-time attendance at a school or university during an academic year

    by reason of an illness, that child shall be considered to be or to have been in full-time attendance throughout that absence including the normal period of scholastic vacation if

    • (c) immediately after such absence the child resumes full-time attendance at a school or university at any time during that academic year; or

    • (d) where it is determined by the Minister that the child is unable to comply with paragraph (c), he resumes full-time attendance at a school or university in the next ensuing academic year.

  • (3) Where a dependent child is absent after he has begun an academic year by reason of illness and it is determined by the Minister, on evidence satisfactory to him, that by reason of such illness it is not possible for the child to resume full-time attendance at a school or university during that academic year, the child shall be deemed to have been in full-time attendance at a school or university until the end of a normal period of scholastic vacation following that academic year.

  • (4) Where a dependent child, after he has been in full-time attendance at a school or university at the beginning of an academic year, is absent from the institution by reason of illness and, during such absence or during a normal period of scholastic vacation, the child ceases to be a dependent child or a disabled contributor’s child or dies, that child shall be considered to be in full-time attendance at a school or university until the end of the month in which he ceases to be a dependent child or a disabled contributor’s child or dies.

  • SOR/86-1133, s. 15
  • SOR/90-829, s. 30
  • SOR/96-522, s. 23
  • SOR/2000-133, s. 1

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
 
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