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)

Interpretation (continued)

 [Repealed, SOR/96-522, s. 4]

Application for Statement of Earnings

  •  (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.

  • SOR/90-829, s. 12
  • SOR/96-522, s. 23
  • SOR/2004-249, s. 1
  • SOR/2010-45, s. 1

 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.

  • SOR/86-1133, s. 2
  • SOR/90-829, s. 12

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

  •  (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.

  • SOR/86-1133, s. 2
  • SOR/96-522, s. 5
  • SOR/2013-83, s. 1
  • SOR/2018-281, s. 1

Recovery by Deductions of Amounts to Which Recipient not Entitled

 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.

  • SOR/90-829, s. 13
  • SOR/96-522, s. 6
  • SOR/99-192, s. 2

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

  •  (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.

  • SOR/79-751, s. 1(E)
  • SOR/86-1133, s. 3
  • SOR/89-345, s. 2
  • SOR/90-829, s. 14
  • SOR/93-290, s. 1
  • SOR/96-522, ss. 23, 24
  • SOR/2004-249, s. 2
  • 2013, c. 40, s. 237
  • SOR/2018-281, s. 2

 [Repealed, SOR/2015-79, s. 1]

  •  (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.

  • SOR/80-757, s. 1
  • SOR/86-1133, s. 4
  • SOR/89-345, s. 3
  • SOR/90-829, s. 15
  • SOR/96-522, s. 23
  • SOR/2000-411, s. 3
  •  (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.

  • SOR/80-757, s. 2(F)
  • SOR/86-1133, s. 5
  • SOR/89-345, s. 4
  • SOR/90-829, s. 16
  • SOR/93-290, s. 2
  • SOR/96-522, s. 23
  • SOR/2000-411, s. 4
  • SOR/2002-221, s. 1
  •  (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.

  • SOR/86-1133, s. 6
  • SOR/90-829, s. 17
  • SOR/96-522, s. 7
  • SOR/2000-411, s. 5
 
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