Bill C-54
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42-43-44 ELIZABETH II |
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CHAPTER 33 |
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An Act to amend the Old Age Security Act, the
Canada Pension Plan, the Children's
Special Allowances Act and the
Unemployment Insurance Act
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[Assented to 13th July, 1995]
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| R.S., c. O-9;
R.S., c. 34 (1st
Supp.), cc. 1,
51 (4th
Supp.); 1990,
c. 39; 1991, c.
44; 1992, cc.
24, 48
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OLD AGE SECURITY ACT |
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1. (1) The definition ``applicant'' in
section 2 of the English version of the Old
Age Security Act is replaced by the
following:
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| ``applicant'' « demandeur »
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``applicant'' means a person who has applied,
or is deemed to have applied, for a benefit,
or with respect to whom an application for
a benefit has been waived;
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(2) Section 2 of the Act is amended by
adding the following in alphabetical order:
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| ``Review
Tribunal'' « tribunal de révision »
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``Review Tribunal'' means a Canada Pension
Plan - Old Age Security Review Tribunal
established under section 82 of the Canada
Pension Plan;
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(3) Section 2 of the French version of the
Act is amended by adding the following in
alphabetical order:
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| « demandeur
» ``applicant''
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« demandeur » L'auteur d'une demande de
prestation. Y est assimilée la personne dont
la demande de prestation est réputée reçue
ou celle qui est dispensée de présenter une
telle demande.
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2. Section 5 of the Act is renumbered as
subsection 5(1) and is amended by adding
the following:
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| Application
deemed to
have been
made and
approved
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(2) Where a spouse's allowance ceases to be
payable to a person by reason of that person
having reached sixty-five years of age, the
Minister may deem an application under
subsection (1) to have been made by that
person and approved, on the day on which the
person reached that age.
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3. (1) Paragraph 8(2)(a) of the Act is
replaced by the following:
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(2) Subsection (1) shall come into force on
the first day of the fourth month after the
month in which this Act is assented to.
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4. The Act is amended by adding the
following after section 9:
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| Request that
pension cease
to be payable
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9.1 (1) Any pensioner may make a request
to the Minister in writing that their pension
cease to be payable.
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| When pension
ceases to be
payable
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(2) A pension shall cease to be payable on
the last day of the month in which the Minister
approves a request under subsection (1).
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| Request for
reinstatement
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(3) A pensioner whose pension has ceased
to be payable under subsection (2) may make
a request in writing to the Minister that their
pension be reinstated.
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| When
reinstatement
effective
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(4) A pension shall be reinstated and
payment shall commence in the month
following the month in which the Minister
receives a request under subsection (3) or in
the month chosen by the pensioner in the
request, whichever is later.
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5. Subsection 11(2) of the Act is replaced
by the following:
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| Requirement
for
application
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(2) Subject to subsection (4), no supplement
may be paid to a pensioner for a month in any
fiscal year unless an application for payment
of a supplement has been made by the
pensioner and payment of the supplement for
months in that year has been approved under
this Part.
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| Application
deemed to be
made and
approved
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(3) Where a spouse's allowance ceases to be
payable to a person by reason of that person
having reached sixty-five years of age, the
Minister may deem an application under
subsection (1) to have been made by that
person and approved, on the day on which the
person reached that age.
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| Waiver of
application
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(4) Where a supplement may be paid to a
pensioner for the last month in a fiscal year,
the Minister may waive the requirement for an
application for payment of a supplement for
any month or months in the following fiscal
year.
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| Notice where
subsequent
application
required
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(5) Where the requirement for an
application for payment of a supplement for
any month or months in a fiscal year has been
waived under subsection (4) and an
application is required for payment of a
supplement for any subsequent month or
months in that fiscal year, the Minister shall,
not later than fifteen days before that
subsequent month or the first of those
subsequent months, notify the pensioner in
writing that an application is required.
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| Cancellation
of waiver
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(6) Notwithstanding that the requirement
for an application for payment of a
supplement for any month or months has been
waived under subsection (4), the Minister may
require that the pensioner make an application
for payment of a supplement for that month or
for any of those months, and in such a case, the
Minister shall, not later than fifteen days
before that month or the first of those months,
notify the pensioner in writing that an
application is required.
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| Limitations on
payment of
supplement
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(7) No supplement may be paid to a
pensioner for
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6. Section 14 of the Act is amended by
adding the following after subsection (1):
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| Minister may
estimate
income
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(1.1) Where the requirement for an
application for payment of a supplement for
any month has been waived under subsection
11(4), the Minister may, on the basis of the
information available to the Minister,
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| Statement of
income where
income
estimated
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(1.2) Where a person's income for a base
calendar year has been estimated under
subsection (1.1), the Minister may require that
the person make a statement to the Minister of
their income for any month in that year.
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7. (1) Section 15 of the Act is amended by
adding the following after subsection (1):
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| Statement
where
application
waived
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(1.1) Where the requirement for an
application for payment of a supplement for
any month has been waived under subsection
11(4) and the person to whom the supplement
is paid married during the previous fiscal year,
that person shall notify the Minister without
delay of the date of the marriage, the name and
address of their spouse and whether, to their
knowledge, the spouse is a pensioner.
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(2) Subsection 15(2) of the Act is amended
by striking out the word ``or'' at the end of
paragraph (a), by adding the word ``or'' at
the end of paragraph (b) and by adding the
following after paragraph (b):
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(3) Paragraph 15(3)(a) of the Act is
replaced by the following:
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8. Subsection 16(1) of the Act is replaced
by the following:
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| Consideration
of application
or waiver
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16. (1) The Minister shall, without delay
after receiving an application for payment of
a supplement under subsection 11(2) or after
waiving the requirement for an application for
payment of a supplement under subsection
11(4), as the case may be, consider whether
the applicant is entitled to be paid a
supplement, and may approve payment of a
supplement and fix the amount of the
supplement, or may determine that no
supplement may be paid.
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9. (1) The portion of subsection 18(1) of
the Act before paragraph (a) is replaced by
the following:
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| Adjustment of
payments of
supplements
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18. Where it is determined that the income
for a base calendar year, calculated as required
by this Part (in this section referred to as the
``actual income''), of an applicant for a
supplement does not accord with the income
of the applicant (in this section referred to as
the ``shown income'') calculated as required
by this Part on the basis of a statement or an
estimate made under section 14, the following
adjustments shall be made:
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(2) Subsections 18(2) and (3) of the Act
are repealed.
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| R.S., c. 34 (1st
Supp.), s. 2(2)
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10. Subsection 19(4) of the Act is replaced
by the following:
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| Must apply
annually
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(4) Subject to subsection (4.1), no spouse's
allowance may be paid under this section to
the spouse of a pensioner in any fiscal year
unless a joint application of the pensioner and
the spouse, or an application described in
section 30, has been made for payment of a
spouse's allowance in respect of that fiscal
year and payment of the spouse's allowance
has been approved under this Part.
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| Waiver of
requirement
for
application
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(4.1) Where a spouse's allowance may be
paid to the spouse of a pensioner for the last
month in a fiscal year, the Minister may waive
the requirement for an application referred to
in subsection (4) for any month or months in
the following fiscal year.
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| Notice where
subsequent
application
required
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(4.2) Where the requirement for an
application for any month or months in a fiscal
year has been waived under subsection (4.1)
and an application is required for payment of
a spouse's allowance for any subsequent
month or months in that fiscal year, the
Minister shall, not later than fifteen days
before that subsequent month or the first of
those subsequent months, notify the spouse in
writing that an application is required.
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| Cancellation
of waiver
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(4.3) Notwithstanding that the requirement
for an application for any month or months has
been waived under subsection (4.1), the
Minister may require that an application
referred to in subsection (4) be made for
payment of a spouse's allowance for that
month or for any of those months, and in such
a case, the Minister shall, not later than fifteen
days before that month or the first of those
months, notify the spouse in writing that an
application is required.
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| R.S., c. 34 (1st
Supp.), s. 4
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11. (1) Subsection 21(4) of the Act is
replaced by the following:
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| Must apply
annually
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(4) Subject to subsections (5) and (5.1), no
spouse's allowance may be paid to a widow
under this section in any fiscal year unless the
widow has made an application for a spouse's
allowance in respect of that fiscal year and
payment of the spouse's allowance has been
approved under this Part.
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(2) Section 21 of the Act is amended by
adding the following after subsection (5):
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| Waiver of
requirement
for
application
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(5.1) Where a spouse's allowance may be
paid for the last month in a fiscal year to a
widow, the Minister may waive the
requirement for an application for payment of
a spouse's allowance for any month or months
in the following fiscal year.
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| Notice where
subsequent
application
required
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(5.2) Where the requirement for an
application for payment of a spouse's
allowance for any month or months in a fiscal
year has been waived under subsection (5.1)
and an application is required for payment of
a spouse's allowance for any subsequent
month or months in that fiscal year, the
Minister shall, not later than fifteen days
before that subsequent month or the first of
those subsequent months, notify the widow in
writing that an application is required.
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| Cancellation
of waiver
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(5.3) Notwithstanding that the requirement
for an application for payment of a spouse's
allowance for any month or months has been
waived under subsection (5.1), the Minister
may require that the widow make such an
application for that month or for any of those
months, and in such a case, the Minister shall,
not later than fifteen days before that month or
the first of those months, notify the widow in
writing that an application is required.
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12. The portion of subsection 22(2) of the
Act before paragraph (a) is replaced by the
following:
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| Effect on
supplement
under Part II
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(2) Where, under this Part, an application
has been made and approved or the
requirement for an application has been
waived in respect of the spouse of a pensioner
for any month in a payment quarter, the
amount of the supplement that may be paid for
that month to the pensioner, in lieu of the
amount of the supplement provided under Part
II for that month, is the difference between
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13. Section 23 of the Act is amended by
adding the following after subsection (1):
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| Commenceme
nt where
waiver of
application
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(1.1) Where the requirement for an
application for payment of a spouse's
allowance has been waived under this Part, the
payment of the spouse's allowance shall not
commence more than eleven months before
the month in which the requirement for an
application is waived.
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14. Subsection 24(1) of the Act is replaced
by the following:
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| Consideration
of application
or waiver
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24. (1) The Minister shall, without delay
after receiving an application for a spouse's
allowance under subsection 19(4) or 21(4) or
after waiving the requirement for an
application for a spouse's allowance under
subsection 19(4.1) or 21(5.1), as the case may
be, consider whether the applicant is entitled
to be paid a spouse's allowance, and may
approve payment of a spouse's allowance and
fix the amount of benefits that may be paid, or
may determine that no spouse's allowance
may be paid.
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15. Subsection 26(1) of the Act is replaced
by the following:
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| Application of
Part II
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26. (1) Sections 6, 14, 15 and 18 apply, with
such modifications as the circumstances
require, in respect of a spouse's allowance
under this Part and in respect of any
application or any waiver of the requirement
for an application for a spouse's allowance.
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| R.S., c. 34 (1st
Supp.), s. 7,
c. 51 (4th
Supp.), s. 15
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16. Section 28 of the Act and the heading
before it are replaced by the following:
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