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

Regulations are current to 2022-06-20 and last amended on 2021-06-23. Previous Versions

PART VPensions and Supplementary Benefits (continued)

Evidence of Age and Identity (continued)

 [Repealed, SOR/86-1133, s. 8]

 Where the age of a person has been determined under the Old Age Security Act or a provincial pension plan, that determination shall be accepted by the Minister for the purposes of the Act.

  • SOR/96-522, s. 10

 At any time after the age of a person has been determined pursuant to these Regulations, the Minister may, where facts not previously taken into account in determining the age of the person come to his attention, make a new determination of the age of the person.

  • SOR/96-522, s. 23

 For the purposes of section 87 of the Act, the following are prescribed as the conditions subject to which any information specified in that section respecting the age of any applicant or beneficiary or the applicant’s or beneficiary’s spouse, former spouse, common-law partner or former common-law partner is obtainable from Statistics Canada on request and for the purpose specified in that section:

  • (a) the request to Statistics Canada for such information shall

    • (i) be made in a form prescribed by the Chief Statistician,

    • (ii) bear the signed consent of the applicant, beneficiary, spouse, former spouse, common-law partner or former common-law partner or of the person or agency that made the application on their behalf or, where there is no such person or agency, any other person or agency who would have been entitled to make the application on their behalf, and

    • (iii) provide such information as may be necessary to enable a proper search to be made of the census records for the purpose of obtaining the information requested; and

  • (b) information obtained pursuant to section 87 of the Act shall not be disclosed to any person except to an officer, clerk or employee of the Department of Human Resources Development or except as required by an agreement entered into under section 105 of the Act with the government of a province providing a comprehensive pension plan.

  • SOR/86-1133, s. 9
  • SOR/90-829, s. 21
  • SOR/96-522, s. 24
  • SOR/2000-411, s. 6

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

 For the purposes of determining the eligibility of an applicant for a benefit, the amount that an applicant or beneficiary is entitled to receive as a benefit or the eligibility of a beneficiary to continue to receive a benefit, the applicant, the person applying on his behalf, or the beneficiary, as the case may be, shall, in the application, or thereafter in writing when requested to do so by the Minister, set out or furnish the Minister with the following applicable information or evidence:

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

    • (i) the applicant or beneficiary,

    • (ii) the disabled or deceased contributor,

    • (iii) the spouse or common-law partner of the disabled contributor or the survivor of the deceased contributor,

    • (iv) each dependent child of the disabled or deceased contributor, and

    • (v) any former spouse or former common-law partner, where known to the applicant;

  • (b) the date and place of birth of

    • (i) the applicant or beneficiary,

    • (ii) the disabled or deceased contributor,

    • (iii) the survivor of the deceased contributor, and

    • (iv) each dependent child of the disabled or deceased contributor;

  • (c) the date and place of death of the contributor;

  • (d) whether a dependent child of the contributor has died since

    • (i) the date on which the contributor claims to have become disabled, or

    • (ii) the death of the contributor;

  • (e) [Repealed, SOR/86-1133, s. 10]

  • (f) whether the deceased contributor was married at the time of his death and, if so, to whom, and the date and place of the marriage;

  • (g) whether the deceased contributor was separated or divorced at the time of his death;

  • (h) whether there is a personal representative of the estate of the deceased contributor, and the name and address of any such personal representative;

  • (i) whether a dependent child of the disabled or deceased contributor

    • (i) is his child,

    • (ii) is his legally adopted child or was adopted in fact by him or is a legally adopted child of another person,

    • (iii) was legally or in fact in his custody and control,

    • (iv) is in the custody and control of the disabled contributor, the survivor of the contributor or another person or agency,

    • (v) is living apart from the disabled contributor or the survivor, or

    • (vi) is or was maintained by the disabled contributor;

  • (j) where a dependent child of the disabled or deceased contributor is 18 or more years of age, whether that child is and has been in full-time attendance at a school or university;

  • (k) whether the applicant or beneficiary who is the survivor of a contributor maintains wholly or substantially one or more dependent children of the deceased contributor;

  • (k.1) [Repealed, SOR/2013-83, s. 2]

  • (l) a statement evidencing the amount of the contributory salary and wages and of the contributory self-employed earnings of a disabled or deceased contributor for the year in which the contributor became disabled or died and for any preceding year;

  • (m) whether the applicant, beneficiary or deceased contributor is or was in receipt of or has applied for a benefit under the Act or under a provincial pension plan or a pension under the Old Age Security Act; and

  • (n) such additional documents, statements or records that are in the possession of the applicant or beneficiary 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 (m).

  • SOR/86-1133, s. 10
  • SOR/89-345, s. 5(F)
  • SOR/96-522, s. 23
  • SOR/2000-411, ss. 7, 18
  • SOR/2013-83, s. 2

 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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