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

36.1 [Repealed, SOR/95-287, s. 1]

PART VPensions and Supplementary Benefits

Interpretation

• 37 (1) In this Part,

  Canada child benefit

  Canada child benefit means the deemed overpayment determined in accordance with section 122.61 of the Income Tax Act in respect of a qualified dependant under seven years of age; (allocation canadienne pour enfants)

  Child Tax Benefit

  Child Tax Benefit[Repealed, 2016, c. 12, s. 85]

  Director

  Director[Repealed, SOR/96-522, s. 3]

  personal representative

  personal representative means the executor, administrator, heir or other person having the ownership or control of property comprised in the estate of a deceased person or, where there is no estate, the survivor of the deceased person or, where there is no such survivor, the next of kin of the deceased person. (représentant personnel)

• (2) For the purposes of subsection 60(2) of the Act, a person entitled to make an application includes a person or agency authorized to receive a benefit under section 57 of these Regulations.

• (3) For the purposes of subsection 60(4) of the Act, a person entitled to receive benefits includes a person or agency authorized to receive a benefit under section 57 of these Regulations.

• (4) For the purpose of the definition public officer in subsection 104(1) of the Act, a prescribed individual is a person employed in a federal institution or whose services are required by a federal institution, on a casual or temporary basis or under a student employment program.

38 [Repealed, SOR/96-522, s. 4]

Application for Statement of Earnings

• 39 (1) An application under subsection 96(1) of the Act by a contributor to require the Minister to inform the contributor of the unadjusted pensionable earnings shown to the contributor’s account in the Record of Earnings shall be made to the Minister in writing. The application may also be made to the Minister by way of the Internet on the electronic form prescribed for that purpose and made available on the Internet.

• (2) An application made in writing shall include the contributor’s name, address (including the postal code) and Social Insurance Number.

• (3) An application made by way of the Internet shall include the contributor’s name, Social Insurance Number and postal code.

40 Where, pursuant to subsection 97(4) of the Act, a contributor is required to be notified of a reduction in the amount of the unadjusted pensionable earnings shown to the account of the contributor in the Record of Earnings, the contributor shall be notified of the reduction in writing addressed to the contributor at the contributor’s latest known address.

Salary and Wages on which a Contribution has been made under a Provincial Pension Plan

• 41 (1) For the purposes of clause 53(1)(b)(ii)(A) of the Act, the salary and wages on which a base contribution has been made for the year 2019 and each subsequent year by a contributor under a provincial pension plan is an amount equal to the aggregate of all base contributions required to be made by the contributor in that year under the provincial pension plan in respect of salary and wages, multiplied by 100 and divided by one half of the base contribution rate for that year under the provincial pension plan.

• (2) For the purposes of clause 53.1(1)(b)(ii)(A) of the Act, the salary and wages on which a first additional contribution has been made for the year 2019 and each subsequent year by a contributor under a provincial pension plan is an amount equal to the aggregate of all first additional contributions required to be made by the contributor in that year under the provincial pension plan in respect of salary and wages, multiplied by 100 and divided by one half of the first additional contribution rate for that year under the provincial pension plan.

• (3) For the purposes of clause 53.2(1)(b)(ii)(A) of the Act, the salary and wages on which a second additional contribution has been made for the year 2024 and each subsequent year by a contributor under a provincial pension plan is an amount equal to the aggregate of all second additional contributions required to be made by the contributor in that year under the provincial pension plan in respect of salary and wages, multiplied by 100 and divided by one half of the second additional contribution rate for that year under the provincial pension plan.

Recovery by Deductions of Amounts to Which Recipient not Entitled

42 For the purpose of subsection 66(2.1) of the Act, an amount of indebtedness that is owing may be deducted and retained out of the whole or any portion of a benefit that is payable to the person or the person’s estate or succession, under this Act or any other Act or program administered by the Minister, that will recover the overpayment in a single payment or in instalments, in any amount that does not cause undue hardship to the person or the person’s estate or succession.

Application for Benefits, for Assignment of a Retirement Pension and for Division of Unadjusted Pensionable Earnings

• 43 (1) An application for a benefit, for a division of unadjusted pensionable earnings under section 55 or 55.1 of the Act or for an assignment of a portion of a retirement pension under section 65.1 of the Act shall be made by submitting it to the Minister in writing.

• (1.1) Where an application for a disability pension has been denied, and the applicant has reached 60 years of age between the time of the application and the time of its denial or would have been entitled to a retirement pension if he had applied therefor at the time of application for the disability pension, that application shall, on request made by or on behalf of the applicant, be deemed to be an application for a retirement pension if the request is made

  • (a) in writing to the Minister; and

  • (b) within 90 days following the month in which the applicant is notified of the denial or, where the denial is finally confirmed on appeal, within 90 days after the day on which the applicant is notified of the confirmation.

• (2) Where by reason of section 80 of the Act and an agreement under that section with a province providing a comprehensive pension plan the whole amount of any benefit payable to an applicant is deemed to be payable under that plan or where the division of unadjusted pensionable earnings can be determined under that plan in accordance with the agreement, the Minister shall, as soon as possible after an application is received, forward the application, together with a statement of the date on which it was received, to the authority charged under that plan with the duty of receiving applications, calculating the division of unadjusted pensionable earnings and paying benefits.

43.1 [Repealed, SOR/2015-79, s. 1]

• 44 (1) Where the Minister is satisfied, by such medical certificates or other documentary evidence as is presented to the Minister or as the Minister may require, that a person, by reason of infirmity, illness, insanity or other cause, is incapable of managing the person’s own affairs, an application for a benefit, for a division of unadjusted pensionable earnings under section 55 or 55.1 of the Act or for an assignment of a portion of a retirement pension under section 65.1 of the Act may be made on that person’s behalf by another person or by an agency if the Minister is satisfied that such other person or agency is authorized by or pursuant to a law of Canada or of a province to manage that person’s affairs or, where it appears to the Minister that there is no other person or agency so authorized, by any other person or agency approved by the Minister.

• (2) Where either or both spouses, former spouses or former common-law partners are deceased, an application for a division of unadjusted pensionable earnings under section 55 or paragraph 55.1(1)(b) or (c) of the Act may be made by the personal representative or by or on behalf of a child of any of those deceased persons.

• 45 (1) Where no payment of a benefit has been made in respect of an application for a benefit made after May 28, 1975, the applicant may withdraw the application by sending to the Minister a written notice to that effect at any time before the commencement of payment of the benefit.

• (2) Where an application for a benefit has been withdrawn pursuant to subsection (1), the application shall not thereafter be used for the purpose of determining the applicant’s eligibility for a benefit.

• (3) An applicant for a division of unadjusted pensionable earnings under section 55 or paragraph 55.1(1)(b) or (c) of the Act may withdraw the application by sending a notice in writing to the Minister not later than 60 days after the date of receipt by the applicant of notification of the decision respecting the application.

• (4) Where an application for a division of unadjusted pensionable earnings under section 55 or paragraph 55.1(1)(b) or (c) of the Act is withdrawn pursuant to subsection (3), the application shall not thereafter be used for the purpose of determining whether the person in respect of whom the application was submitted is eligible for the division.

• (5) Where an application for a division of unadjusted pensionable earnings under section 55 or paragraph 55.1(1)(b) or (c) of the Act has been approved and subsequently withdrawn, notice in writing of the withdrawal shall be given by the Minister to the other spouse, former spouse or former common-law partner or to their respective estates, as the case may be.

• 46 (1) A notification required by subsection 55.2(4) of the Act shall be effected by giving notice in writing.

• (2) A notification required by subsection 55(8) or 55.2(10) of the Act shall be effected by giving notice in writing containing such of the following information as is applicable:

  • (a) the dates of marriage and dissolution of marriage of the persons subject to the division;

  • (b) the period of cohabitation for which the division of unadjusted pensionable earnings has been made;

  • (c) the amount of unadjusted pensionable earnings, prior to the division, of the persons subject to the division;

  • (d) the amount of unadjusted pensionable earnings of the persons subject to the division as a result of the division;

  • (e) the effect of the division on any benefit that is payable to or in respect of the persons subject to the division;

  • (f) a statement of the right to make a request for a reconsideration referred to in subsection 81(1) of the Act; and

  • (g) any other information that the Minister deems necessary.

• (3) A division referred to in subsection 55.1(5) of the Act may be cancelled pursuant to that subsection within the period of 60 days after the making of the division.

• 46.1 (1) A notification required by subsection 65.1(5) of the Act shall be effected by giving notice in writing.

• (2) A notification required by subsection 65.1(12) of the Act shall be effected by giving notice in writing containing the following information:

  • (a) the month with which the assignment commences in accordance with subsection 65.1(10) of the Act;

  • (b) the portion of retirement pension assigned; and

  • (c) a statement of the right to make a request for a reconsideration referred to in subsection 81(1) of the Act.

Cancellation of Benefit

• 46.2 (1) A beneficiary may submit to the Minister, within the interval between the date of commencement of payment of the benefit and the expiration of 12 months after that date, a request in writing that the benefit be cancelled.

• (2) If an applicant for a disability pension is in receipt of a retirement pension and they are deemed to have become disabled for the purpose of entitlement to the disability pension before the month in which the retirement pension became payable, the application for the disability pension is deemed to be a request for the cancellation of the retirement pension.

• (2.1) Despite subsection (1), if an applicant for a benefit under a provincial pension plan that is comparable to a disability pension is in receipt of a retirement pension and they are deemed to have become disabled for the purpose of entitlement to the benefit before the month in which the retirement pension became payable, the applicant may request cancellation of the retirement pension by submitting a written request to the Minister within the period beginning on the day of commencement of payment of the retirement pension and ending 90 days after the day on which the applicant receives notice of the decision deeming them to be disabled.

• (2.2) An applicant referred to in subsection (2) may request cancellation of the disability pension and reinstatement of the retirement pension by submitting a written request to the Minister within 60 days after receipt of notice of their entitlement to the disability pension.

• (3) The Minister shall grant a request submitted in accordance with subsection (1), (2.1) or (2.2) or deemed to be made under subsection (2).

• (4) If a request referred to in subsection 66.1(2) of the Act is granted under this section, the amount described in that subsection shall be repayable within the time beginning on the granting of the request and ending on the expiration of 12 months following the month in which the request is granted.

Evidence of Age and Identity

• 47 (1) Subject to sections 49 and 50, the Minister shall determine the age and identity of a person for the purposes of the Act in accordance with whichever of subsections (2) to (4) is applicable.

• (2) The Minister shall determine the age and identity of a person on the basis of any information provided to the Minister by the Canada Employment Insurance Commission under subsection 28.2(5) of the Department of Employment and Social Development Act.

• (3) The Minister shall determine the age and identity of a person on the basis of a birth certificate or a certified copy of one.

• (4) If there is sufficient reason to believe that a birth certificate is not available, the Minister shall determine the age and identity of a person on the basis of any other evidence and information with respect to the age and identity of the person that is available from any source.

• (5) If the Minister is unable to determine the age and identity of a person under any of subsections (2) to (4), the Minister shall, if it is possible to do so, determine the age and identity of the person on the basis of information obtained from Statistics Canada in accordance with section 87 of the Act.