Bill C-54
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| R.S., c. C-8;
R.S., cc. 6, 41
(1st Supp.),
cc. 5, 13, 27,
30 (2nd
Supp.), cc. 18,
38 (3rd
Supp.), cc. 1,
46, 51 (4th
Supp.); 1990,
c. 8; 1991, cc.
14, 44, 49;
1992, cc. 1, 2,
27, 48; 1993,
cc. 24, 27, 28;
1994, cc. 13,
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CANADA PENSION PLAN |
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| R.S., c. 30
(2nd Supp.),
s. 1(3)
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25. The definition ``Review Tribunal'' in
subsection 2(1) of the Canada Pension Plan
is replaced by the following:
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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;
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| 1991, c. 44,
s. 6(1)
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26. Subsection 55(1) of the Act is replaced
by the following:
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| Application
for division
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55. (1) Subject to this section, subsections
55.2(2), (3) and (4) and section 55.3, an
application for a division of the unadjusted
pensionable earnings of the former spouses to
a marriage may be made in writing to the
Minister by or on behalf of either former
spouse, by the estate of either former spouse
or by such person as may be prescribed, within
thirty-six months or, where both former
spouses agree in writing, at any time after the
date of a decree absolute of divorce, of a
judgment granting a divorce under the
Divorce Act or of a judgment of nullity of the
marriage, granted or rendered on or after
January 1, 1978 and before the coming into
force of section 55.1.
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| R.S., c. 30
(2nd Supp.),
s. 23
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27. Subsection 55.1(5) of the Act is
replaced by the following:
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| Minister's
discretion
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(5) Before a division of unadjusted
pensionable earnings is made under this
section, or within the prescribed period after
such a division is made, the Minister may
refuse to make the division or may cancel the
division, as the case may be, if the Minister is
satisfied that
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| 1991, c. 44,
s. 8(3)
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28. Subsection 55.2(10) of the Act is
replaced by the following:
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| Notification
of division
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(10) Where there is a division under section
55.1, both spouses or former spouses or their
respective estates shall be notified in the
prescribed manner.
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| 1991, c. 44,
s. 15
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29. Subsections 65(2) and (3) of the Act
are replaced by the following:
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| Benefit not
subject to
seizure or
execution
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(1.1) A benefit is exempt from seizure and
execution, either at law or in equity.
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| Exception
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(2) Notwithstanding subsections (1) and
(1.1), where any provincial authority or
municipal authority in a province pays a
person any advance or assistance or welfare
payment for a month or any portion of a month
that would not be paid if a benefit under this
Act had been paid for that period and
subsequently a benefit becomes payable or
payment of a benefit may be made under this
Act to that person for that period, the Minister
may, in accordance with such terms and
conditions as may be prescribed, deduct from
that benefit and pay to the provincial authority
or municipal authority, as the case may be, an
amount not exceeding the amount of the
advance or assistance or welfare payment
paid, if that person had, on or before receiving
the advance or assistance or welfare payment
from the provincial authority or municipal
authority, consented in writing to the
deduction and payment by the Minister.
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| Exception
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(3) Notwithstanding subsections (1) and
(1.1), where an administrator of a disability
income program who is approved by the
Minister makes a payment under that program
to a person for a month or any portion of a
month that would not have been made if a
benefit under paragraph 44(1)(b) had been
paid to that person for that period and
subsequently a benefit becomes payable or
payment of a benefit may be made under this
Act to that person for that period, the Minister
may, in accordance with such terms and
conditions as may be prescribed, deduct from
that benefit and pay to the administrator an
amount not exceeding the amount of the
payment made under that program, if that
person had, on or before receiving that
payment, consented in writing to the
deduction and payment by the Minister.
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30. (1) Subsection 65.1(11) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c), by adding the
word ``and'' at the end of paragraph (d) and
by adding the following after
paragraph (d):
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| R.S., c. 30
(2nd Supp.),
s. 33
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(2) Subsection 65.1(12) of the Act is
replaced by the following:
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| Request for
reinstatement
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(11.1) Where paragraph (11)(e) applies,
either spouse may make a request in writing to
the Minister to have the assignment reinstated.
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| When
reinstatement
effective
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(11.2) An assignment shall be reinstated on
the first day of the month following the month
in which the Minister approves the request
referred to in subsection (11.1).
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| Notification
of assignment
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(12) On approval by the Minister of an
assignment under this section, both spouses
shall be notified in the prescribed manner.
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31. (1) The portion of subsection 66(3) of
the Act after paragraph (d) is replaced by
the following:
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the Minister may, unless that person has been
convicted of an offence under any provision of
this Act or of the Criminal Code in connection
with the obtaining of the benefit payment,
remit all or any portion of the amount or
excess of the benefit payment.
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| 1991, c. 44,
s. 17(2)
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(2) The portion of subsection 66(4) of the
Act before paragraph (a) is replaced by the
following:
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| Where person
denied benefit
due to
departmental
error, etc.
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(4) Where the Minister is satisfied that, as
a result of erroneous advice or administrative
error in the administration of this Act, any
person has been denied
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32. Section 67 of the Act is amended by
adding the following after subsection (2):
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| Exception
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(3) Where a person who has applied to
receive a retirement pension attains the age of
sixty-five years before the day on which the
application is received, the pension is payable
commencing with the latest of
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| Deemed
application
where
disability
pension
ceased
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(4) Where a disability pension is no longer
payable because a decision that a person is
disabled has been reversed or because a person
has ceased to be disabled, the Minister may, on
receipt of an application for a retirement
pension, deem that application to have been
received commencing with the latest of
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33. The heading ``Appeals'' before
section 81 of the Act is replaced by the
following:
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RECONSIDERATIONS AND APPEALS |
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| 1991, c. 44,
s. 20
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34. The portion of subsection 81(1) of the
Act after paragraph (d) is replaced by the
following:
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the spouse, former spouse, estate, applicant,
beneficiary or beneficiary's spouse or, subject
to the regulations, any person on behalf
thereof may, within ninety days after the day
on which the spouse, former spouse, estate,
applicant, beneficiary or beneficiary's spouse
is notified in the prescribed manner of the
decision or determination, or within such
longer period as the Minister may either
before or after the expiration of those ninety
days allow, make a request to the Minister in
the prescribed form and manner for a
reconsideration of that decision or
determination.
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| 1991, c. 44,
s. 21(1)
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35. (1) Subsection 82(1) of the Act is
replaced by the following:
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| Appeal to
Review
Tribunal
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82. (1) A spouse, former spouse, estate,
applicant, beneficiary or beneficiary's spouse
who is dissatisfied with a decision of the
Minister made under section 81 or subsection
84(2), or a person who made a request under
subsection 27.1(1) of the Old Age Security Act
who is dissatisfied with a decision of the
Minister made under subsection 27.1(2) of
that Act in respect of the request, or, subject to
the regulations, any person on behalf thereof,
may appeal the decision to a Review Tribunal
in writing within ninety days or such longer
period as the Commissioner of Review
Tribunals may either before or after the
expiration of those ninety days allow after the
day on which the spouse, former spouse,
estate, applicant, beneficiary or beneficiary's
spouse is notified in the prescribed manner of
the decision or the person is notified in writing
of the Minister's decision and of the reasons
for the decision.
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| R.S., c. 30
(2nd Supp.),
s. 45(1)
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(2) Subsection 82(9) of the Act is replaced
by the following:
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| Remuneration
and expenses
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(9) The Commissioner, Deputy
Commissioner and members of Review
Tribunals shall be paid such reasonable
remuneration and travel and living expenses
in connection with the operation of Review
Tribunals as are fixed by the Minister.
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| Expenses of
appellant
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(9.1) An appellant shall be paid such
reasonable travel and living expenses incurred
in Canada in connection with the hearing of
the appeal as are fixed by the Minister.
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| Where appeal
successful
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(9.2) Notwithstanding subsection (9.1),
where an appellant is successful, the appellant
shall be paid such reasonable travel and living
expenses in connection with the hearing of the
appeal as are fixed by the Minister.
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| Expenses of
other parties
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(9.3) Any person added as a party to the
appeal pursuant to subsection (10) shall be
paid such reasonable travel and living
expenses in connection with the hearing of the
appeal as are fixed by the Minister.
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| 1991, c. 44,
s. 21(2)
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(3) Subsection 82(11) of the Act is
replaced by the following:
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| Powers of
Review
Tribunal
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(11) A Review Tribunal may confirm or
vary a decision of the Minister made under
section 81 or subsection 84(2) or under
subsection 27.1(2) of the Old Age Security Act
and may take any action in relation to any of
those decisions that might have been taken by
the Minister under that section or either of
those subsections, and the Commissioner of
Review Tribunals shall thereupon notify the
Minister and the other parties to the appeal of
the Review Tribunal's decision and of the
reasons for its decision.
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(4) Subsection 82(9.1) of the Act, as
enacted by subsection (2), does not apply in
respect of any appeal that was filed before
the day on which this section comes into
force and in respect of which, on that day,
there is no date set for the hearing of the
appeal.
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| 1991, c. 44,
s. 22(1)
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36. (1) Subsection 83(1) of the Act is
replaced by the following:
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| Appeal to
Pension
Appeals
Board
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83. (1) A spouse, former spouse, estate,
applicant, beneficiary or beneficiary's spouse
or, subject to the regulations, any person on
behalf thereof, or the Minister, if dissatisfied
with a decision of a Review Tribunal made
under section 82, other than a decision made
in respect of an appeal referred to in
subsection 28(1) of the Old Age Security Act,
or under subsection 84(2), may, within ninety
days after the day on which that decision is
communicated to the spouse, former spouse,
estate, applicant, beneficiary, beneficiary's
spouse, person or Minister, or within such
longer period as the Chairman or
Vice-Chairman of the Pension Appeals Board
may either before or after the expiration of
those ninety days allow, apply in writing to the
Chairman or Vice-Chairman for leave to
appeal that decision to the Pension Appeals
Board.
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(2) Section 83 of the Act is amended by
adding the following after subsection (5):
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| Temporary
members of
the Board
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(5.1) Subject to subsections (5.2) and (5.3),
in addition to the members of the Pension
Appeals Board for whom provision is made by
subsection (5), any judge or former judge of
the Federal Court or of a superior or district
court of a province may, on the request of the
Chairman of the Board made with the
approval of the Governor in Council, act as a
temporary member of the Board.
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| Consent
required
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(5.2) Except in relation to a former judge,
no request may be made under subsection
(5.1)
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| Approval of
requests by
Governor in
Council
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(5.3) The Governor in Council may approve
the making of requests pursuant to subsection
(5.1) in general terms or for particular periods
or purposes, and may limit the number of
persons who may act as temporary members
of the Board under that subsection.
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| Remuneration
of temporary
members
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(5.4) Each temporary member of the Board
who is a former judge shall be paid such
remuneration as may be fixed by the Minister.
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| Expenses of
temporary
members
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(5.5) Each temporary member of the Board
is entitled to be paid such travel and living
expenses incurred by the member in the
performance of duties and functions under this
Act as may be fixed by the Minister.
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| R.S., c. 30
(2nd Supp.),
s. 46(1)
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37. Subsection 86(1) of the Act is replaced
by the following:
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| Attendance
before
Pension
Appeals
Board
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86. (1) Where on an appeal to the Pension
Appeals Board from a decision of a Review
Tribunal, an appellant is requested by the
Board to attend before it on the hearing of the
appeal and so attends, the appellant is entitled
to be paid such reasonable travel and living
expenses incurred in Canada and
compensation for loss of remuneration as are
fixed by the Minister.
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| Where appeal
successful
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(1.1) Notwithstanding subsection (1),
where an appellant is successful, the appellant
is entitled to be paid such reasonable travel
and living expenses in connection with the
hearing of the appeal and compensation for
loss of remuneration as are fixed by the
Minister.
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| Expenses of
respondent
and other
parties
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(1.2) Where on an appeal to the Pension
Appeals Board from a decision of a Review
Tribunal, a respondent or other party to the
appeal is requested by the Board to attend
before it on the hearing of the appeal and so
attends, the respondent or other party shall be
paid such reasonable travel and living
expenses and compensation for loss of
remuneration as are fixed by the Minister.
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38. The Act is amended by adding the
following after section 86:
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| Stay of
benefits
pending
judicial
review
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86.1 Where a decision is made by a Review
Tribunal or the Pension Appeals Board in
respect of a benefit, the Minister may stay
payment of the benefit until the latest of
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39. Subsection 89(2) of the Act is
repealed.
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40. Subsection 96(3) of the Act is
repealed.
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41. (1) Subsection 97(1) of the Act is
replaced by the following:
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| Entry in
record of
earnings
presumed to
be accurate
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97. (1) Notwithstanding section 96, except
as provided in this section, any entry in the
Record of Earnings relating to the earnings or
a contribution of a contributor shall be
conclusively presumed to be accurate and
may not be called into question after four
years have elapsed from the end of the year in
which the entry was made.
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(2) Section 97 of the Act is amended by
adding the following after subsection (2):
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| Removal of
entry
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(2.1) If, from information furnished
pursuant to an agreement referred to in
paragraph 105(1)(a), it appears to the Minister
that an amount that is shown in the Record of
Earnings to the account of a person as being a
contribution under this Act relates instead to
a contribution under the provincial pension
plan of that province, the Minister may, at any
time after that information is furnished,
authorize the removal of that entry from the
Record of Earnings.
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42. Subsection 101(2) of the Act is
repealed.
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| R.S., c. 18
(3rd Supp.),
s. 30(1)
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43. (1) Subsections 104(1) to (3) of the Act
are replaced by the following:
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| Access to
privileged
information
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104. (1) Except as provided in this section,
all information with respect to any contributor
or beneficiary obtained in the course of the
administration of this Act is privileged, and no
person shall knowingly, except as provided in
this Act, make available or allow to be made
available any such information to any person
not legally entitled to it.
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| Exception
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(2) Any information with respect to a
contributor or beneficiary obtained by an
officer, clerk or employee of Her Majesty in
the course of the administration of this Act
may, on request in writing to the Minister by
or on behalf of the contributor or beneficiary
or their legal representative, be made
available or allowed to be made available to
any person or authority named in the request
on such conditions and in such circumstances
as may be prescribed.
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| Exception
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(3) Any information obtained by the
Minister pursuant to this Act or any regulation
may be made available to an officer, clerk or
employee in the Department of National
Revenue, the Department of Finance, the
Department of Supply and Services, the
Office of the Superintendent of Financial
Institutions, Statistics Canada or Canada Post,
or to a person designated by the Minister as a
health care professional where it is necessary
to do so for the purposes of the administration
of this Act.
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