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

Regulations are current to 2019-05-07 and last amended on 2019-02-01. Previous Versions

PART VPensions and Supplementary Benefits (continued)

Deduction from a Benefit and Payment to an Administrator of a Disability Income Program

  •  (1) For the purposes of subsection 65(3) of the Act, the Minister may deduct an amount as described in that subsection from a benefit payable to a person under paragraph 44(1)(b) or (h) of the Act and pay that amount to an administrator approved by the Minister if

    • (a) the administrator submits to the Minister a record of the payment made under the disability income program, together with the person’s irrevocable written consent to the deduction and payment;

    • (b) the documents referred to in paragraph (a) are received by the Minister within one year after the date on which the consent is signed; and

    • (c) the amount exceeds $50.

  • (2) For the purpose of subsection 65(3) of the Act, if, for any reason, no deduction has been made or a deduction and payment have been made by the Minister for an amount that is less than the amount that might have been paid under that subsection, the Minister shall not authorize any other deduction and payment.

  • SOR/93-290, s. 7
  • SOR/99-192, s. 8
  • SOR/2002-221, s. 4
  • SOR/2018-281, s. 8

Family Allowance Recipient

  •  (1) For the purposes of the definition family allowance recipient in subsection 42(1) of the Act, family allowance recipient includes

    • (a) the spouse, former spouse, common-law partner or former common-law partner of a person who is described in that definition as having received or being in receipt of an allowance or a family allowance in respect of a child for any period before the child reached the age of seven, if that spouse, former spouse, common-law partner or former common-law partner remained at home during that period as the child’s primary caregiver and that period has not already been or cannot be excluded or deducted from the person’s contributory period under Part II of the Act;

    • (b) a member of the Canadian Armed Forces who, before 1973, was posted to serve outside Canada, or the spouse or former spouse of such a member, who, but for the posting, would have received an allowance or family allowance for a child under seven years of age;

    • (c) the person who, under section 122.62 of the Income Tax Act, is considered to be an eligible individual for the purposes of subdivision a.1 of Division E of Part I of that Act (Canada child benefit) in respect of a qualified dependant under seven years of age; and

    • (d) the person who would have been considered to be an eligible individual for the purposes of subdivision a.1 of Division E of Part I of the Income Tax Act (Canada child benefit) had a notice been filed under subsection 122.62(1) of that Act, where no person was considered to be an eligible individual in respect of the same qualified dependant under seven years of age.

  • (2) [Repealed, SOR/2010-45, s. 12]

  • SOR/86-1133, s. 16
  • SOR/89-345, s. 8
  • SOR/93-11, s. 3
  • SOR/96-522, s. 19
  • SOR/2000-411, s. 12
  • SOR/2010-45, s. 12
  • 2016, c. 12, s. 87

Cohabitation

  •  (1) For the purposes of section 55 of the Act, months during which the former spouses have cohabited include

    • (a) all consecutive months during the marriage in which the former spouses have lived together as husband and wife without interruption for more than 90 days; and

    • (b) any period of the marriage preceding the minimum period of 36 consecutive months of cohabitation required by paragraph 55(2)(a) of the Act.

  • (2) For the purpose of paragraph (1)(a),

    • (a) where the former spouses did not have the intention to live separate and apart but were separated by reason of the occupation, employment or illness of either spouse, the separation does not constitute interruption of cohabitation; and

    • (b) where, after having completed the minimum period of 36 consecutive months of cohabitation required by paragraph 55(2)(a) of the Act, the former spouses were separated for any reason for a period of more than 90 days and subsequently resumed cohabitation for a period of more than 90 days, the cohabitation of the former spouses shall be deemed not to have been interrupted.

  • (3) For the purposes of section 55 of the Act, where the cohabitation of the spouses is interrupted for more than 90 days as referred to in paragraph (1)(a), the cohabitation shall be deemed to have ceased immediately before the year in which the interruption commenced.

  • SOR/86-1133, s. 17
  • SOR/90-829, s. 33
  • SOR/2000-411, s. 13

Cohabitation — Division of Unadjusted Pensionable Earnings

  •  (1) In determining, for the purposes of subsections 55.1(4) and 55.2(7) of the Act, the months during which the spouses, former spouses or former common-law partners cohabited,

    • (a) those months shall, subject to paragraphs (b) and (c), be reckoned as beginning with the first month of the year in which the marriage of the persons subject to the division was solemnized or in which they commenced to cohabit in a conjugal relationship, whichever is applicable;

    • (b) the persons subject to the division shall be considered not to have cohabited at any time during the year in which they were divorced or their marriage annulled or in which they commenced to live separate and apart; and

    • (c) where, after having lived separate and apart for one year or more, the persons subject to the division resumed cohabitation for at least one year, the period of that separation shall be considered to have begun with the first month of the year in which they commenced to live separate and apart and to have ended with the last month of the year immediately preceding the year in which they resumed cohabitation.

  • (2) In determining a continuous period of at least one year for the purposes of subsection 55.1(3) of the Act, such a period shall be considered to be constituted by any period of cohabitation by the persons subject to the division for twelve or more consecutive months, reckoned as beginning with the month in which the marriage was solemnized or in which they commenced to cohabit in a conjugal relationship and ending with the month immediately preceding the month in which they commenced to live separate and apart.

  • (3) For the purposes of this section, where the persons subject to the division did not have the intention to live separate and apart but were separated by reason of the occupation, employment or illness of either person, the separation does not constitute interruption of cohabitation.

  • SOR/86-1133, s. 18
  • SOR/89-345, s. 9(F)
  • SOR/90-829, s. 34
  • SOR/93-290, s. 8
  • SOR/2000-411, s. 14

Cohabitation — Assignment of a Retirement Pension

 For the purposes of subsection 65.1(8) of the Act, period of cohabitation means the period comprising all months during which the contributor and spouse or common-law partner referred to in subsection 65.1(9) of the Act cohabited, and includes the month in which their marriage was solemnized or in which they commenced to cohabit in a conjugal relationship, whichever is applicable, but does not include any months that are not within their joint contributory period as defined in subsection 65.1(8) of the Act.

  • SOR/86-1133, s. 18
  • SOR/90-829, s. 35
  • SOR/2000-411, s. 15

Pension Adjustments

 For the purposes of subsection 46(3.1) of the Act, the adjustment factor for a retirement pension that becomes payable in a month before the month in which the contributor reaches 65 years of age shall be determined by the formula

1 – (A × B)

where

A
is the number of months in the period beginning with the month in which the retirement pension becomes payable and ending with the month before the month in which the contributor reaches 65 years of age, or 60 months, whichever is less; and
B
is
  • (a) 0.0050, if the month in which the retirement pension becomes payable is after December 31, 2010 and before January 1, 2012,

  • (b) 0.0052, if the month in which the retirement pension becomes payable is after December 31, 2011 and before January 1, 2013,

  • (c) 0.0054, if the month in which the retirement pension becomes payable is after December 31, 2012 and before January 1, 2014,

  • (d) 0.0056, if the month in which the retirement pension becomes payable is after December 31, 2013 and before January 1, 2015,

  • (e) 0.0058, if the month in which the retirement pension becomes payable is after December 31, 2014 and before January 1, 2016, and

  • (f) 0.0060, if the month in which the retirement pension becomes payable is after December 31, 2015.

  • SOR/2010-300, s. 1

 For the purposes of subsection 46(3.1) of the Act, the adjustment factor for a retirement pension that becomes payable in a month after the month in which the contributor reaches 65 years of age shall be determined by the formula

1 + (A × B)

where

A
is the number of months in the period beginning with the month after the contributor reaches 65 years of age and ending with the month in which the retirement pension becomes payable, or 60 months, whichever is less; and
B
is
  • (a) 0.0057, if the month in which the retirement pension becomes payable is after December 31, 2010 and before January 1, 2012,

  • (b) 0.0064, if the month in which the retirement pension becomes payable is after December 31, 2011 and before January 1, 2013, and

  • (c) 0.0070, if the month in which the retirement pension becomes payable is after December 31, 2012.

  • SOR/2010-300, s. 1
 
Date modified: