Spouses and Common-law Partners

1998, c. 21, s. 111

194. (1) The portion of subsection 15(2) of the Act before paragraph (a) is replaced by the following:

Statement by spouse or common-law partner

(2) Subject to subsections (3), (4.1) and (4.2), where a person makes an application for a supplement in respect of a payment period and the person has or had a spouse or common-law partner at any time during the payment period or in the month before the first month of the payment period, the application shall not be considered or dealt with until such time as

1998, c. 21, s. 111

(2) Subsection 15(4) of the Act is repealed.

(3) Section 15 of the Act is amended by adding the following after subsection (4.1):

Where applicant ceases to have a common-law partner otherwise than by death

(4.2) Where an application for a supplement in respect of a payment period that commences after June 30, 1999 is made by a person who at any time in the payment period ceases to have a common-law partner otherwise than by reason of the common-law partner's death, the supplement paid to the person, for any month in that payment period after the third month following the month in which the person ceased to have a common-law partner, shall be calculated as though the person did not have a common-law partner on the last day of the previous payment period.

1998, c. 21, s. 111

(4) Subsections 15(6) to (7) of the Act are replaced by the following:

Application for supplement in certain cases

(6.1) Where an application for a supplement in respect of a payment period that commences after June 30, 1999 is made by

    (a) a person who did not have a spouse or common-law partner immediately before a particular month in the payment period but has a spouse or common-law partner at the end of that month,

    (b) a person in respect of whom a direction is made under subsection (3) based on paragraph (3)(b) who no longer meets the conditions set out in that paragraph, or

    (c) a person described in subsection (4.1) who ceases to be separated from the person's spouse,

the calculation of the supplement shall be made, for any month after the month in which the person began to have a spouse or common-law partner, as though the person had a spouse or common-law partner on the last day of the previous payment period.

1998, c. 21, s. 111

(5) Subsection 15(8) of the Act is replaced by the following:

Where applicant ceases to have a common-law partner by reason of death

(7.2) Where an application for a supplement in respect of a payment period that commences after June 30, 1999 is made by a person who at any time in the payment period ceases to have a common-law partner by reason of the common-law partner's death, the supplement paid to the person, for any month in that payment period after the month in which the common-law partner died, shall be calculated as though the person did not have a common-law partner on the last day of the previous payment period.

Saving provision

(8) Nothing in subsections (6.1) to (7.2) shall be construed as limiting or restricting the authority of the Minister to make a direction under subsections (3) to (5.1).

195. The heading ``MONTHLY SPOUSE'S ALLOWANCES'' before section 19 of the Act is replaced by the following:

MONTHLY ALLOWANCES

1998, c. 21, ss. 114(1), (2)

196. (1) Subsection 19(1) of the Act is replaced by the following:

Payment of allowance

19. (1) Subject to this Act and the regulations, an allowance may be paid to the spouse, common-law partner or former common-law partner of a pensioner for a month in a payment period if the spouse, common-law partner or former common-law partner, as the case may be,

    (a) in the case of a spouse, is not separated from the pensioner, or has separated from the pensioner where the separation commenced after June 30, 1999 and not more than three months before the month in the payment period;

    (a.1) in the case of a former common-law partner, has separated from the pensioner where the separation commenced after June 30, 1999 and not more than three months before the month in the payment period;

    (b) in the case of a spouse, common-law partner or former common-law partner, has attained sixty years of age but has not attained sixty-five years of age; and

    (c) in the case of a spouse, common-law partner or former common-law partner, has resided in Canada after attaining eighteen years of age and prior to the day on which their application is approved for an aggregate period of at least ten years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which their application is approved.

1998, c. 21, s. 114(3)

(2) Subsection 19(5) of the Act is replaced by the following:

Cessation of allowance

(5) An allowance under this section ceases to be payable on the expiration of the month in which the spouse, common-law partner or former common-law partner in respect of whom it is paid dies, becomes the spouse or common-law partner of another person, or no longer meets the conditions set out in subsection (1).

(3) Subsection 19(6) of the Act is amended by striking out the word ``or'' at the end of paragraph (c), by adding the word ``or'' at the end of paragraph (d) and by adding the following after paragraph (d):

    (e) in the case of a common-law partner who was not a spouse immediately before the coming into force of this paragraph (``spouse'' having in this paragraph the meaning that it had immediately before that coming into force), notwithstanding subsection 23(2), any month before the month in which this paragraph comes into force.

1998, c. 21, s. 115(1)

197. (1) Subsection 21(5) of the Act is replaced by the following:

Exception to application requirement

(5) Where the spouses or the common-law partners had, before the death of the pensioner, made a joint application for the allowance under section 19 for months in the payment period of the pensioner's death or the following payment period, no application is required to be made by the pensioner's survivor under subsection (4) in respect of the payment of an allowance under this section for months in the payment period in respect of which the joint application was made.

(2) Section 21 of the Act is amended by adding the following after subsection (7):

Limitations

(7.1) In the case of a survivor who was not a widow immediately before the coming into force of this subsection (``widow'' having in this subsection the meaning that it had immediately before that coming into force),

    (a) no allowance may be paid under this section unless the survivor became a survivor on or after January 1, 1998; and

    (b) no allowance may be paid under this section for any month before the month in which this subsection comes into force.

198. (1) The definition ``supplement equivalent'' in subsection 22(1) of the Act is replaced by the following:

``supplement equivalent''
« valeur du supplément »

``supplement equivalent'' means, in respect of any month in a payment quarter, the amount of the supplement that would be payable for that month under subsection 12(1) or (2), as the case may be, to a pensioner whose spouse or common-law partner is also a pensioner when both the pensioner and the spouse or common-law partner have no income in a base calendar year and both are in receipt of a full pension;

(2) Subsection 22(6) of the Act is replaced by the following:

Reinstate-
ment of supplement

(6) Where, by reason of the amount of the monthly joint income, the aggregate of the amount of allowance payable to a pensioner's spouse or common-law partner for a month and the amount of supplement payable to the pensioner for that month under this Part is less than the amount of supplement that would be payable to the pensioner under Part II, the pensioner may, notwithstanding subsection (2), be paid, for that month, the amount of supplement provided under Part II minus the amount, if any, of allowance payable to that pensioner's spouse or common-law partner for that month.

199. Paragraph 23(2)(b) of the English version of the Act is replaced by the following:

    (b) the day on which the person attained the age of sixty years,

1995, c. 33, s. 15

200. Subsection 26(1) of the Act is replaced by the following:

Application of Part II

26. (1) Sections 6, 14, 15 and 18 apply, with such modifications as the circumstances require, in respect of an allowance under this Part and in respect of any application or any waiver of the requirement for an application for an allowance.

201. The heading before section 29 of the Act is replaced by the following:

Death

R.S., c. 34 (1st Supp.), s. 8(1)

202. Subsections 30(1) and (2) of the Act are replaced by the following:

Retroactive application by survivor

30. (1) Notwithstanding paragraph 19(6)(b) but subject to subsection (3), where a person dies, either before or after the beginning of September, 1985, and the person's survivor would have been entitled to an allowance under section 19 had the survivor and the deceased person made joint application therefor before the death of the deceased person, the survivor may make application for an allowance under section 19 within one year after the death of the deceased person.

Treated as joint application

(2) An application referred to in subsection (1) shall be considered and dealt with as though it had been a joint application of the survivor and the deceased person and had been received on the date of the death of the deceased person.

203. The Act is amended by adding the following before section 32:

Erroneous Advice or Administrative Error

204. (1) Paragraph 34(g) of the Act is replaced by the following:

    (g) providing for the assignment of Social Insurance Numbers by the Minister to applicants and beneficiaries, and to the spouses or common-law partners of applicants and beneficiaries, to whom such numbers have not earlier been assigned;

(2) Paragraph 34(l) of the Act is replaced by the following:

    (l) prescribing the circumstances in which a pensioner shall be deemed to be separated from the pensioner's spouse for the purposes of subsections 15(4.1) and (6.1);

205. Subsection 39(1) of the Act is replaced by the following:

Payment of provincial benefit

39. (1) Where a province provides benefits similar to or as a supplement to benefits payable under this Act for a pensioner or a pensioner's spouse or common-law partner within that province, the Minister may, with the approval of the Governor in Council, enter into an agreement with the government of that province whereby the provincial benefit that is payable to a pensioner or a pensioner's spouse or common-law partner may be included with the amount of the benefit under this Act and paid on behalf of the government of that province in such manner as the agreement may provide.

Replacement of ``family'' with ``joint''

206. The Act is amended by replacing ``family'' with ``joint'' in the following provisions:

    (a) the definitions ``monthly family income'' and ``residual family income'' in subsection 22(1);

    (b) the description of D in subsection 22(2); and

    (c) subsection 22(3).

Replacement of ``spouse'' with ``spouse or common-law partner''

207. (1) The Act is amended by replacing ``spouse'', ``spouses'' and ``spouse's'', except in the expression ``spouse's allowance'', with ``spouse or common-law partner'', ``spouses or common-law partners'' and ``spouse's or common-law partner's'', respectively, in the following provisions:

    (a) paragraph 12(1)(b);

    (b) subsections 12(5.1) and (6);

    (c) paragraph 14(1.1)(b);

    (d) subsections 14(2) to (7);

    (e) section 15, except

      (i) the portion of subsection (2) before paragraph (a), and

      (ii) subsections (4.1), (6.1) and (7.1);

    (f) section 19, except subsections (1) and (5) and paragraph (6)(e);

    (g) subsection 21(12);

    (h) the definitions ``monthly joint income'' and ``residual joint income'' in subsection 22(1);

    (i) subsection 22(3);

    (j) subsection 22(5);

    (k) subsection 28(2);

    (l) paragraphs 33.11(a) and (b);

    (m) paragraph 34(d); and

    (n) paragraph 34(k).

Replacement of ``spouse'' with ``spouse or common-law partner''

(2) The English version of the Act is amended by replacing ``spouse'' with ``spouse or common-law partner'' in subsection 22(2).

Replacement of ``conjoint'' with ``époux''

(3) The French version of the Act is amended by replacing ``conjoint'' with ``époux'', with any grammatical changes that the circumstances require, in the following provisions:

    (a) subsection 15(4.1); and

    (b) subsection 15(7.1).

Replacement of ``widow'' with ``survivor''

208. (1) The Act is amended by replacing ``widow'' with ``survivor'' in the following provisions:

    (a) subsections 21(1) and (2);

    (b) subsection 21(4);

    (c) subsections 21(5.1) to (6);

    (d) subsections 21(8) to (10);

    (e) the definitions ``monthly income'', ``residual income of the widow'' and ``supplement equivalent for the widow'' in subsection 22(1); and

    (f) subsection 22(4).

Terminology

(2) The English version of the Act is amended by

    (a) replacing ``her'' with ``their'' in paragraphs 21(1)(b) and 21(2)(a) and in the definition ``monthly income'' in subsection 22(1);

    (b) replacing ``she'' with ``they'' in paragraphs 21(2)(a), 21(2)(b) and 21(9)(b);

    (c) replacing ``is'' with ``are'' in paragraph 21(2)(a), except in the expression ``is approved'';

    (d) replacing ``was'' with ``were'' in paragraph 21(2)(b); and