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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)

Payment of Certain Benefits at Intervals Greater than Monthly

 Where any benefit the basic monthly amount of which is less than $2 becomes payable to a person to whom no pension is then payable under the Old Age Security Act, the Minister may direct that the benefit shall be paid in arrears at intervals, not greater than yearly, specified by the Minister.

  • SOR/96-522, s. 23

Payment of Benefits Unpaid at Death

 A benefit payment may be paid to the estate of a deceased beneficiary, or if there is no estate, to a person or agency designated by the Minister, where

  • (a) an amount is payable as a benefit to the deceased beneficiary; or

  • (b) a benefit payment made to the beneficiary or made on behalf of the beneficiary by cheque or otherwise is returned to the Minister after the beneficiary’s death.

  • SOR/96-522, s. 12

Single Payment of Benefits

  •  (1) For the purposes of paragraph 89(1)(j) of the Act, where the Government of Canada paid a benefit in December 1974 to a person in respect of contributions made under the Act and under the Quebec Pension Plan, the Minister may direct that a single monthly payment be made by cheque or otherwise for as long as the beneficiary remains entitled to the benefit.

  • (2) Where a single monthly payment is made in respect of a beneficiary, that portion of the payment calculated as provided in the Quebec Pension Plan shall, in accordance with paragraph 108(3)(b) of the Act, be charged to the Canada Pension Plan Account and the amount remitted by the Government of the Province of Quebec in respect of the benefit payable to that beneficiary under the Quebec Pension Plan shall, in accordance with paragraph 108(2)(b) of the Act, be credited to the Canada Pension Plan Account.

  • SOR/90-829, s. 25
  • SOR/93-290, s. 5
  • SOR/96-522, s. 23

Withholding of Benefits

  •  (1) Where evidence is required under the Act or these Regulations to determine the eligibility or continuing eligibility of any beneficiary to receive any amount payable as a benefit and where the Minister has requested such evidence and the beneficiary has not complied with the request or the Minister is not satisfied with the evidence furnished by that beneficiary, the Minister may, on 30 days written notice, withhold payment of the benefit until such time as the beneficiary has furnished the evidence and the Minister is satisfied as to the eligibility of that beneficiary to receive benefits.

  • (2) Where payment of a benefit that has been withheld under subsection (1) is resumed, the benefit shall be paid for any portion of the period of withholding during which the beneficiary was entitled to receive benefits.

  • SOR/80-757, s. 4
  • SOR/96-522, s. 23

 [Repealed, SOR/2013-20, s. 2]

 [Repealed, SOR/2013-20, s. 2]

 [Repealed, SOR/2013-20, s. 2]

Application for Retirement Pension

 An applicant for a retirement pension shall, in addition to any other information or material that these Regulations require him to file or furnish, file with the Minister a statement of the amount of his contributory salary and wages and of his contributory self-employed earnings

  • (a) for the year in which the application is made; and

  • (b) if the Minister so requires, for the year preceding the year in which the application is made.

  • SOR/96-522, s. 23

Annual Adjustment of Benefits

  •  (1) When the basic monthly amount of a benefit is adjusted annually pursuant to subsection 45(2) of the Act,

    • (a) the product obtained by multiplying the amount referred to in paragraph 45(2)(a) of the Act by the ratio referred to in paragraph 45(2)(b) thereof shall be adjusted to the nearest cent in accordance with subsection (2); and

    • (b) any quotient obtained from the ratio referred to in paragraph 45(2)(b) of the Act shall be expressed as a decimal fraction in accordance with subsection (3).

  • (2) Where the product referred to in paragraph (1)(a) contains a fractional part of a dollar represented by three or more digits, and

    • (a) where the third digit is less than five, the third and subsequent digits shall be dropped; and

    • (b) where the third digit is five or greater than five, the second digit shall be increased by one and the third and subsequent digits shall be dropped.

  • (3) Where the quotient referred to in paragraph (1)(b) contains a fraction that is less than one, that fraction shall be expressed as a decimal fraction of four digits after the decimal point, and

    • (a) where the fourth digit after the decimal point is less than five, the third digit after the decimal point shall remain unchanged and the fourth digit shall be dropped; and

    • (b) where the fourth digit after the decimal point is five or greater than five, the third digit after the decimal point shall be increased by one and the fourth digit shall be dropped.

  • SOR/86-1133, s. 12

Determination by the Minister

  •  (1) Where a determination is made by the Minister as to whether a person is the spouse, common-law partner, child or parent of an applicant, a contributor or another person subject to a division or whether a person is deceased, the determination shall be made by the Minister on the basis of the information provided to the Minister pursuant to subsection (2) or (3), as the case may be, and any other information that the Minister may obtain.

  • (2) The applicant or beneficiary shall provide to the Minister any certificate of marriage, birth, baptism or death, as the case may be, that may enable the Minister to make a determination referred to in subsection (1).

  • (3) If a certificate referred to in subsection (2) is not available or is not adequate for the purpose of making the determination, the applicant or beneficiary shall provide to the Minister, at the Minister’s request, any documentary or other information that is available with respect to the subject of the determination.

  • SOR/86-1133, s. 13
  • SOR/96-522, s. 23
  • SOR/2000-411, s. 10
  • SOR/2002-221, s. 2(F)

Payment of Death Benefit to Other than Estates

[
  • SOR/86-1133, s. 14(F)
]
  •  (1) If paragraph 71(2)(a) of the Act applies or the estate of a deceased contributor has not applied for the death benefit within 60 days after the contributor’s death, or if the amount of the death benefit is less than two thirds of 10% of the Year’s Maximum Pensionable Earnings for the year in which the contributor died, in the case of a death that occurred before January 1, 1998, or less than $2,387, in the case of a death that occurred after December 31, 1997 and before January 1, 2019, a direction under subsection 71(2) of the Act may, subject to subsections (2) and (3), be given for payment of the death benefit

    • (a) to the individual or institution who has paid or is responsible for the payment of the deceased contributor’s funeral expenses;

    • (b) in the absence of an individual or institution described in paragraph (a), to the survivor of the deceased contributor; or

    • (c) in the absence of an individual or institution referred to in paragraph (a) and a survivor referred to in paragraph (b), to the next of kin of the deceased contributor.

  • (2) No amount in excess of the actual funeral expenses shall be paid pursuant to paragraph (1)(a).

  • (3) Where, by virtue of subsection (2), an amount paid pursuant to paragraph (1)(a) is less than the amount of the death benefit, a direction pursuant to subsection (1), in so far as it relates to the remainder of the death benefit, may be given as if in the absence of an individual or institution described in that paragraph.

  • SOR/86-1133, s. 14
  • SOR/90-829, s. 27
  • SOR/96-522, s. 15(E)
  • SOR/99-192, s. 6
  • SOR/2000-411, ss. 11, 18
  • SOR/2018-281, s. 4

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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