Bill C-331

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	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The House of Commons of Canada
	BILL C-331
	An Act to amend the Canada Pension Plan (definition of ``child'')

Preamble	Whereas, on November 20, 1989, the Convention on the Rights of the Child was adopted by the United Nations General Assembly;
	Whereas the United Nations Convention on the Rights of the Child was ratified by Canada on December 13, 1991;
	And whereas the Convention proposes a definition of ``child'' that should be applied uniformly throughout federal legislation;
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, 21; 1995, c. 33; 1996, cc. 11, 16, 23	Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

	*1. (1) The definitions ``child'' and ``orphan'' in subsection 42(1) of the Canada Pension Plan* are replaced by the following:**
``child'' « enfant »	``child'' means a child of a contributor who is less than eighteen years of age;
``orphan'' « orphelin »	``orphan'' of a contributor means a dependent child of a contributor who has died but does not include a dependent child described in paragraph (4)(c) ;
	(2) The definitions ``dependent child'' and ``disabled contributor's child'' in subsection 42(1) of the Act are repealed.
	(3) Section 42 of the Act is amended by adding the following after subsection (2):
Interpretation	(3) For the purposes of this Part, ``child of a contributor'' includes a child of a contributor, whether born before or after the contributor's death, and also includes an individual adopted legally or in fact by the contributor while the individual was under twenty-one years of age, and an individual of whom, either legally or in fact, the contributor had, or immediately before the individual reached twenty-one years of age did have, the custody and control, but does not include a child of the contributor who is adopted legally or in fact by someone other than the contributor or his spouse prior to the death or disability of the contributor, unless the contributor was maintaining the child as defined by regulation.
Interpretation	(4) For the purposes of this Part, ``dependent child of a contributor'' includes a child of a contributor who
	(a) is less than eighteen years of age;
	(b) is eighteen or more years of age but less than twenty-five years of age and is in full-time attendance at a school or university as defined by regulation; or
	(c) is a child other than a child described in paragraph (b), is eighteen or more years of age and is disabled, having been disabled without interruption since the time he or she reached eighteen years of age or the contributor died, whichever occurred later.
Interpretation	(5) For the purposes of this Part, ``disabled contributor's child'' or any form of that expression of like import includes a dependent child of a contributor who is disabled, but does not include a dependent child described in paragraph (4)(c).

Bill C-331

BILL C-331