Bill C-512
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-512 |
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An Act to amend the Canada Pension Plan, the
Government Annuities Act and the Old
Age Security Act and to make
consequential amendments to other Acts
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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,
21; 1995, c.
33; 1996, cc.
11, 16, 23;
1997, c. 40;
1998, c. 19;
1999, c. 17
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Canada Pension Plan |
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1. The long title of the Canada Pension
Plan is replaced by the following:
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An Act to establish a comprehensive program
of pensions for seniors and supplementary
benefits in Canada payable to and in respect of
contributors
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2. The definition ``Review Tribunal'' in
subsection 2(1) of the Act 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 - Seniors' Income Security Review
Tribunal established under section 82;
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3. (1) Paragraph (a) of the definition
``province providing a comprehensive
pension plan'' in subsection 3(1) of the Act
is replaced by the following:
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(2) Subparagraph (b)(i) of the definition
``province providing a comprehensive
pension plan'' in subsection 3(1) of the Act
is replaced by the following:
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(3) The definition ``provincial pension
plan'' in subsection 3(1) of the Act is
replaced by the following:
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``provincial
pension plan'' « régime provincial de pensions »
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``provincial pension plan'' means a plan of
pensions for seniors and supplementary
benefits for the establishment and operation
of which provision has been made as
described in paragraph (a) or (b) of the
definition ``province providing a
comprehensive pension plan'' under a law
of a province providing a comprehensive
pension plan.
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(4) Subsection 3(2) of the Act is replaced
by the following:
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Prescription
of province
after notice
given
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(2) Notwithstanding anything in subsection
(1), where, not later than twelve months
before the first day of the third year following
the year in which notice in writing as
described in paragraph (b) of the definition
``province providing a comprehensive
pension plan'' in subsection (1) was given to
the Minister of Human Resources
Development by the government of a
province, the legislature of the province has
provided by law for the establishment and
operation in that province of a plan of pensions
for seniors and supplementary benefits as
described in that paragraph and for the
assumption under that plan of all obligations
and liabilities accrued or accruing as
described in that paragraph, the Governor in
Council shall, by regulation made on the
recommendation of the Minister of Human
Resources Development for the purposes of
this Act, prescribe that province as a province
described in that paragraph.
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4. (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 is dissatisfied with a
decision of the Minister made under
subsection 27.1(2) of the Seniors' Income
Security Act, or, subject to the regulations, any
person on their behalf, may appeal the
decision to a Review Tribunal in writing
within 90 days, or any longer period that the
Commissioner of Review Tribunals may,
either before or after the expiration of those 90
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 it.
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(2) 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 Seniors' Income
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 reason for its decision.
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5. Subsection 83(l) 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(l) of the Seniors' Income
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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6. Paragraph 89(l)(g) of the Act is
replaced by the following:
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7. (1) The portion of subsection 107(1) of
the Act before paragraph (a) is replaced by
the following:
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Reciprocal
arrangements
re
administration
, etc.
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107. (1) Where, under any law of a country
other than Canada, provision is made for the
payment of seniors' benefits or other benefits
including survivors' or disability benefits, the
Minister may, on behalf of the Government of
Canada, on such terms and conditions as may
be approved by the Governor in Council, enter
into an agreement with the government of that
country for the making of reciprocal
arrangements relating to the administration or
operation of that law and of this Act,
including, without restricting the generality of
the foregoing, arrangements relating to
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(2) Subsection 107(4) of the Act is
replaced by the following:
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Agreements
with respect to
provincial
pension plan
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(4) Where the government of a province
providing a comprehensive pension plan
requests the Government of Canada to enter
into an agreement under this section with the
government of a country under any law of
which provision is made for the payment of
seniors' benefits or other benefits including
survivors' or disability benefits, the Minister,
with the approval of the Governor in Council,
may enter into an agreement with the
government of that country for the making of
reciprocal arrangements relating to any of the
matters referred to in subsection (1) with
respect to the provincial pension plan of that
province, if that plan makes provision for
entering into such an agreement and for the
carrying out of the provisions thereof,
including the making of any financial
adjustment required to be made for that
purpose and the crediting or charging of the
amount of any such adjustment to the
appropriate account or accounts established
under that plan.
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8. Subsection 108(2.1) of the Act is
replaced by the following:
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Costs of
appeals
related to
Seniors'
Income
Security Act
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(2.1) There shall be credited to the Canada
Pension Plan Account an amount held in the
Consolidated Revenue Fund representing the
costs of the administration of appeals to the
Review Tribunal referred to in subsection
28(l) of the Seniors' Income Security Act.
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R.S.C. 1970,
c. G-6;
1980-81-82-8
3, c. 54; 1996,
c. 11
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Government Annuities Act |
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9. The long title of the Government
Annuities Act is replaced by the following:
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An Act to authorize the issue of Government
annuities for seniors
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R.S.C. 1985,
c. O-9; R.S., c.
34 (1st
Supp.); R.S.,
c. 1 (4th
Supp.), c. 57;
1990, c. 39;
1991, c. 44;
1992, cc. 24,
48; 1995, c.
33; 1996,
cc.11, 18, 21,
23; 1997, c.
40; 1998,
c.21; 1999, cc.
17, 22, 31
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Old Age Security Act |
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10. The long title of the Old Age Security
Act is replaced by the following:
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Act to provide for income security for seniors
in Canada
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11. Section 1 of the Act is replaced by the
following:
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``Short title'' « Titre abrégé »
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1. This Act may be cited as the Seniors'
Income Security Act.
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12. The definition ``Review Tribunal'' in
section 2 of the Act 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 - Seniors' Income Security Review
Tribunal established under section 82 of the
Canada Pension Plan;
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13. The portion of subsection 40(1) of the
Act before paragraph (a) is replaced by the
following:
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Reciprocal
arrangements
re
administration
, etc.
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40. (1) Where under any law of a country
other than Canada, provision is made for the
payment of seniors' benefits or other benefits
including survivors' or disability benefits, the
Minister may, on behalf of the Government of
Canada, on such terms and conditions as may
be approved by the Governor in Council, enter
into an agreement with the government of that
country for the making of reciprocal
arrangements relating to the administration or
operation of that law and of this Act,
including, without restricting the generality of
the foregoing, arrangements relating to
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TRANSITIONAL PROVISION |
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14. (1) The definitions in this subsection
apply in this section.
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``commencem
ent day'' « date de référence »
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``commencement day'' means the day on
which this Act comes into force.
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``Review
Tribunal'' « tribunal de révision »
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``Review Tribunal'' means a Review
Tribunal that was, immediately before
commencement day, defined in
subsection 2(1) of the Canada Pension
Plan as a Canada Pension Plan - Old
Age Security Review Tribunal
established under section 82 of the
Canada Pension Plan.
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(2) A reference to a Review Tribunal in
any document executed by the Tribunal
before commencement day, any proceeding
under the Canada Pension Plan which is
pending before the Tribunal immediately
before commencement day or any action or
suit to which the Tribunal is a party that is
pending in any court immediately before
commencement day, shall be read as a
reference to a Canada Pension
Plan - Seniors' Income Security Review
Tribunal established under section 82 of the
Canada Pension Plan.
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CONSEQUENTIAL AMENDMENTS |
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R.S., c. A-1;
R.S., cc. 22,
27, 28, 33, 44,
46 (1st
Supp.), cc. 1,
8, 19, 36 (2nd
Supp.), cc. 1,
3, 12, 17, 18,
20, 24, 28, 33
(3rd Supp.),
cc. 1, 7, 10,
11, 16, 21, 28,
31, 32, 41, 47
(4th Supp.);
1989, cc. 3,
27; 1990, cc.
1, 2, 3, 13;
1991, cc. 3, 6,
16, 38; 1992,
cc. 1, 21, 33,
34, 36, 37;
1993, cc. 1, 2,
3, 27, 28, 31,
34, 38; 1994,
cc. 10, 26, 31,
38, 40, 41, 43;
1995, cc. 1, 5,
11, 12, 18, 28,
29, 41, 45;
1996, cc. 8, 9,
10, 11, 16;
1997, cc. 6, 9,
20, 23; 1998,
cc. 9, 10, 21,
25, 26, 31, 35,
37; 1999, cc.
9, 16, 17, 31
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Access to Information Act |
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15. Schedule II to the Access to
Information Act is amended by deleting the
reference to Old Age Security Act.
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16. Schedule II to the Act is amended by
adding the following in alphabetical order:
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Seniors' Income Security Act |
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R.S., c. L-2;
R.S., cc. 9, 27
(1st Supp.), c.
32 (2nd
Supp.), cc. 24,
43 (3rd
Supp.), c. 26
(4th Supp.);
1989, c. 3;
1990, cc. 8,
44; 1991, c.
39; 1992, c. 1;
1993, cc. 28,
38, 42; 1994,
cc. 10, 41;
1996, cc. 10,
11, 12, 18, 31,
32; 1997, c. 9;
1998, cc. 10,
20, 26; 1999,
cc. 28, 31
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Canada Labour Code |
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17. Paragraph 235(2)(b) of the Canada
Labour Code is replaced by the following:
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R.S., 1985, c.
32 (2nd
Supp.); R.S.,
c.18 (3rd
Supp.); 1993,
c. 28; 1995, c.
17; 1998, c.
12; 1999, cc.
28, 31
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Pension Benefits Standards Act, 1985 |
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18. Subparagraph 16(6)(a)(i) of the
Pension Benefits Standards Act, 1985 is
replaced by the following:
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19. Subparagraph 39(n)(ii) of the Act is
replaced by the following:
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