An Act to amend the Canada Pension Plan and the Old Age Security Act (S.C. 2007, c. 11)
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Assented to 2007-05-03
R.S., c. C-8CANADA PENSION PLAN
Marginal note:1997, c. 40, s. 95(4)
13. Subsection 114(4.1) of the Act is replaced by the following:
Marginal note:Exception
(4.1) Subsections (2) and (4) do not apply in respect of changes under any of subsections 113.1(11.05) to (11.11) to benefits or contribution rates.
Marginal note:1997, c. 40, s. 96(1)
14. Paragraph 115(1.1)(c) of the Act is replaced by the following:
(c) specify a contribution rate calculated, in respect of self-employed persons for each year of a period of not less than 75 years after the three-year period in which the report is prepared, by combining
(i) a contribution rate, calculated in the prescribed manner, without taking into account the changes referred to in paragraph 113.1(4)(d) for which the contribution rate most recently calculated under subparagraph (ii) exceeds zero, and
(ii) a contribution rate calculated in the prescribed manner in respect of the changes referred to in paragraph 113.1(4)(d);
(c.1) specify the contribution rates referred to in subparagraphs (c)(i) and (ii); and
R.S., c. O-9OLD AGE SECURITY ACT
15. The Old Age Security Act is amended by adding the following after section 5:
Marginal note:Withdrawal of application
5.1 (1) An applicant may withdraw an application for a pension by giving a written notice of their withdrawal to the Minister at any time before payment of the pension commences.
Marginal note:Effect of withdrawal
(2) If an application for a pension is withdrawn under subsection (1), the withdrawn application shall not after that time be used for the purpose of determining the applicant’s eligibility for a pension.
Marginal note:1995, c. 33, s. 5; 1998, c. 21, par. 119(1)(a)
16. (1) Subsection 11(4) of the Act is replaced by the following:
Marginal note:Waiver of application
(4) The Minister may waive the requirement referred to in subsection (2) for an application for payment of a supplement for any month or months in a payment period if an application for payment of a supplement has been made in respect of any payment period before that payment period.
Marginal note:2001, c. 27, s. 264
(2) Subparagraph 11(7)(e)(ii) of the Act is replaced by the following:
(ii) a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act.
17. (1) Section 14 of the Act is amended by adding the following after subsection (1):
Marginal note:Waiver — statement of income
(1.01) The Minister may waive the requirement to make a statement of income under subsection (1) if that information has been made available to the Minister under this Act and, in that case, the statement is deemed to have been made for the purposes of this Part.
Marginal note:1998, c. 21, s. 110(2); 2000, c. 12, par. 207(1)(d)
(2) Subsections 14(2) to (6) of the Act are replaced by the following:
Marginal note:Additional statement if retirement in current payment period
(2) If in a current payment period a person who is an applicant, or is an applicant’s spouse or common-law partner who has filed a statement as described in paragraph 15(2)(a), ceases to hold an office or employment or ceases to carry on a business, that person may, not later than the end of the second payment period after the current payment period, in addition to making the statement of income required by subsection (1) in the case of the applicant or in addition to filing a statement as described in paragraph 15(2)(a) in the case of the applicant’s spouse or common-law partner, file a statement of the person’s estimated income for the calendar year in which the person ceased to hold that office or employment or ceased to carry on that business, which income shall be calculated as the total of
(a) any pension income received by the person in that part of that calendar year that is after the month in which the person ceases to hold that office or employment or to carry on that business, divided by the number of months in that part of that calendar year and multiplied by 12,
(b) the income from any office or employment or any business for that calendar year other than income from the office, employment or business that has ceased, and
(c) the person’s income for the base calendar year calculated as though, for that year, the person had no income from any office or employment or any business and no pension income.
Marginal note:Additional statement if retirement in the last month of the calendar year that is in the current payment period
(3) Despite subsection (2), if in the last month of a calendar year that ends in the current payment period a person who is an applicant, or is an applicant’s spouse or common-law partner who has filed a statement as described in paragraph 15(2)(a), ceases to hold an office or employment or ceases to carry on a business, the person may, not later than the end of the second payment period after the current payment period, in addition to making the statement of income required by subsection (1) in the case of the applicant or in addition to filing a statement as described in paragraph 15(2)(a) in the case of the applicant’s spouse or common-law partner, file a statement of the person’s estimated income for the calendar year that is immediately after the month in which the person ceased to hold that office or employment or ceased to carry on that business, which income shall be calculated as the total of
(a) any pension income received by the person in that calendar year,
(b) the income from any office or employment or any business for that calendar year other than income from the office, employment or business that has ceased, and
(c) the person’s income for the base calendar year calculated as though, for that year, the person had no income from any office or employment or any business and no pension income.
Marginal note:Additional statement if loss of pension income in current payment period
(4) If in a current payment period a person who is an applicant, or is an applicant’s spouse or common-law partner who has filed a statement as described in paragraph 15(2)(a), suffers a loss of income due to termination of or reduction in pension income, the person may, not later than the end of the second payment period after the current payment period, in addition to making the statement of income required by subsection (1) in the case of the applicant or in addition to filing a statement as described in paragraph 15(2)(a) in the case of the applicant’s spouse or common-law partner, file a statement of the person’s estimated income for the calendar year in which the loss is suffered, which income shall be calculated as the total of
(a) any pension income received by the person in that part of that calendar year that is after the month immediately before the month in which the loss is suffered, divided by the number of months in that part of that calendar year and multiplied by 12,
(b) the income from any office or employment or any business for that calendar year, and
(c) the person’s income for the base calendar year calculated as though, for that year, the person had no income from any office or employment or any business and no pension income.
Marginal note:Additional statement if retirement before current payment period
(5) If, in the circumstances described in paragraphs (a) and (b), a person who is an applicant, or is an applicant’s spouse or common-law partner who has filed a statement as described in paragraph 15(2)(a), ceases to hold an office or employment or ceases to carry on a business, the person may, not later than the end of the payment period that is immediately after the current payment period, in addition to making the statement of income required by subsection (1) in the case of the applicant or in addition to filing a statement as described in paragraph 15(2)(a) in the case of the applicant’s spouse or common-law partner,
(a) if the person ceases to hold that office or employment or to carry on that business in the last calendar year ending before the payment period, file a statement of the person’s estimated income for the calendar year ending in the current payment period, which income shall be calculated as the total of
(i) any pension income received by the person in that calendar year,
(ii) the income from any office or employment or any business for that calendar year, other than income from the office, employment or business that has ceased, and
(iii) the person’s income for the base calendar year calculated as though, for that year, the person had no income from any office or employment or any business and no pension income; and
(b) if the person ceases to hold that office or employment or to carry on that business in a month that is before the payment period and after the last calendar year ending before the payment period, file a statement of the person’s estimated income for the calendar year ending in the current payment period, which income shall be calculated as the total of
(i) any pension income received by the person in that part of that calendar year that is after the month in which the person ceases to hold that office or employment or to carry on that business, divided by the number of months in that part of that calendar year and multiplied by 12,
(ii) the income from any office or employment or any business for that calendar year, other than income from the office, employment or business that has ceased, and
(iii) the person’s income for the base calendar year calculated as though, for that year, the person had no income from any office or employment or any business and no pension income.
Marginal note:Additional statement if loss of pension income before current payment period
(6) If, in the circumstances described in paragraph (a) or (b), a person who is an applicant, or is an applicant’s spouse or common-law partner who has filed a statement as described in paragraph 15(2)(a), suffers a loss of income due to a termination of or reduction in pension income, the person may, not later than the end of the payment period that is immediately after the current payment period, in addition to making the statement of income required by subsection (1) in the case of the applicant or in addition to filing a statement as described in paragraph 15(2)(a) in the case of the applicant’s spouse or common-law partner,
(a) if the loss is suffered in the last calendar year ending before the payment period, file a statement of the person’s estimated income for the calendar year ending in the current payment period, which income shall be calculated as the total of
(i) any pension income received by the person in that calendar year,
(ii) the income from any office or employment or any business for that calendar year, and
(iii) the person’s income for the base calendar year calculated as though, for that year, the person had no income from any office or employment or any business and no pension income; and
(b) if the loss is suffered in a month that is before the payment period and after the last calendar year ending before the payment period, file a statement of the person’s estimated income for the calendar year ending in the current payment period, which income shall be calculated as the total of
(i) any pension income received by the person in that part of that calendar year that is after the month immediately before the month in which the loss is suffered, divided by the number of months in that part of that calendar year and multiplied by 12,
(ii) the income from any office or employment or any business for that calendar year, and
(iii) the person’s income for the base calendar year calculated as though, for that year, the person had no income from any office or employment or any business and no pension income.
Marginal note:1998, c. 21, s. 111; 2000, c. 12, par. 207(1)(e)
18. (1) Subsection 15(1.1) of the Act is replaced by the following:
Marginal note:Statement if application waived
(1.1) If the requirement for an application for payment of a supplement for any month has been waived under subsection 11(4) for a person who did not have a spouse or common-law partner immediately before the last payment period in respect of which a supplement was paid or, if no supplement was ever paid to the person, immediately before the last payment period in respect of which an application for payment of a supplement was received but who has a spouse or common-law partner immediately before the current payment period, the person shall notify the Minister without delay of the date of that change, the name and address of the spouse or common-law partner and whether, to the person’s knowledge, the spouse or common-law partner is a pensioner.
(2) Section 15 of the Act is amended by adding the following after subsection (2):
Marginal note:Waiver — subsection (1)
(2.1) The Minister may waive the requirement to submit the information described in subsection (1) if that information has been submitted to the Minister in a joint application referred to in subsection 19(4).
Marginal note:Waiver — paragraph (2)(a)
(2.2) The Minister may waive the requirement to file a statement under paragraph (2)(a) if the information has been made available to the Minister under this Act, and, if that is the case, the statement is deemed to have been filed for the purposes of this Part.
Marginal note:1995, c. 33, s. 10; 1998, c. 21, par. 119(1)(d); 2000, c. 12, par. 207(1)(f)
19. (1) Subsection 19(4.1) of the Act is replaced by the following:
Marginal note:Waiver of application
(4.1) The Minister may waive the requirement referred to in subsection (4) for an application for payment of an allowance for any month or months in a payment period if an application for payment of an allowance has been made in respect of any payment period before that payment period.
(2) Paragraph 19(6)(a) of the Act is replaced by the following:
(a) any month that is more than 11 months before the month in which the application is received or is deemed to have been made or in which the requirement for an application has been waived, as the case may be;
Marginal note:2001, c. 27, s. 265
(3) Subparagraph 19(6)(d)(ii) of the Act is replaced by the following:
(ii) a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act; or
Marginal note:1995, c. 33, s. 11(2); 1998, c. 21, par. 119(1)(g); 2000, c. 12, par. 208(1)(c), 209(k)(E)
20. (1) Subsection 21(5.1) of the Act is replaced by the following:
Marginal note:Waiver of requirement for application
(5.1) The Minister may waive the requirement referred to in subsection (4) for an application for payment of an allowance for any month or months in a payment period if an application for payment of an allowance has been made in respect of any payment period before that payment period.
Marginal note:R.S., c. 34 (1st Supp.), s. 4
(2) Paragraph 21(9)(a) of the Act is replaced by the following:
(a) any month more than 11 months before the month in which the application is received or is deemed to have been made or in which the requirement for an application has been waived, as the case may be;
Marginal note:2001, c. 27, s. 266
(3) Subparagraph 21(9)(c)(ii) of the Act is replaced by the following:
(ii) a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act; or
21. Section 26 of the Act is amended by adding the following after subsection (1):
Marginal note:Information previously submitted
(1.1) For greater certainty, the Minister may waive the requirements of subsections 14(1) and 15(1) and (2) in respect of an application for an allowance under this Part if the information required under those subsections has already been submitted to or filed with the Minister in respect of an application for a supplement under Part II.
22. The Act is amended by adding the following after the heading “GENERAL” of Part IV:
Effect of Waiver
Marginal note:Deeming provision
26.1 When the requirement for an application for a benefit is waived by the Minister under this Act, the application is deemed to have been made by the applicant on the day on which the requirement is waived and, for greater certainty, the applicant shall not be paid that benefit for any month that is more than 11 months before the month in which the application is deemed to have been made.
23. Section 29 of the Act is replaced by the following:
Marginal note:Application for pension by estate, etc.
29. (1) Despite anything in this Act, an application for a pension that would have been payable to a deceased person who, before their death, would have been entitled, on approval of an application, to payment of that pension under this Act may be made within one year after the person’s death by the estate or succession, by the liquidator, executor or administrator of the estate or succession or heir of that person or by any person that may be prescribed by regulation.
Marginal note:Pension payable to estate or other persons
(2) If an application is made under subsection (1), the pension that would have been payable to a deceased person referred to in that subsection shall be paid to the estate or succession or to any person that may be prescribed by regulation.
Marginal note:Application deemed to have been received on date of death
(3) Any application made under subsection (1) is deemed to have been received on the date of the death of the person who, before their death, would have been entitled to payment of the pension.
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