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)

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

  •  (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.

  • SOR/86-1133, s. 6
  • SOR/90-829, s. 18
  • SOR/96-522, s. 8

Cancellation of Benefit

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

  • SOR/86-1133, s. 6
  • SOR/90-829, s. 19
  • SOR/93-290, s. 3
  • SOR/96-522, ss. 9, 23
  • SOR/99-192, s. 3
  • SOR/2018-281, s. 3

Evidence of Age and Identity

  •  (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.

  • SOR/86-1133, s. 7
  • SOR/90-829, s. 20
  • SOR/96-522, s. 23
  • SOR/2004-249, s. 4
  • 2013, c. 40, s. 236
  • SOR/2013-20, s. 1

 [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
 
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