Bill C-475

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First Reading

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	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-475
	An Act to amend the Canada Pension Plan
R.S., c. C-8	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. (1) The definition ``orphan'' in subsection 42(1) of the Canada Pension Plan* is repealed.**
	(2) The definition ``survivor'' in subsection 42(1) 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):
	(c) a dependent child of the contributor;
	2. (1) Paragraph 44(1)(d) of the Act is replaced by the following:
	(d) subject to subsection (1.1), a survivor's pension shall be paid to the survivor of a deceased contributor who has made contributions for not less than the minimum qualifying period;
	(2) Paragraph 44(1)(f) of the Act is repealed.
	3. The heading before section 59 of the Act is replaced by the following:
	Disabled Contributor's Child's Benefit
	4. The portion of section 59 of the Act before paragraph (a) is replaced by the following:
Amount of benefit	59. A disabled contributor's child's benefit payable to the child of a disabled contributor is a basic monthly amount consisting of
	5. Subsections 60(3) to (5) of the Act are replaced by the following:
Exception	(3) Where a disabled contributor's child's benefit would, if the application had been approved, have been payable to a child of a disabled contributor on application made prior to the death of the child and the child dies after December 31, 1977, not having reached eighteen years of age, and no application has been made at the time of the death of the child, an application may be made within one year after the death by the person or agency having custody and control of the child at the time of the death or, where there is at that time no person or agency having custody and control, by such person or agency as the Minister may direct.
Benefits payable to estate or other persons	(4) Where an application is made pursuant to subsection (2) or (3), a benefit that would have been payable to a deceased person referred to in subsection (2) or a deceased child referred to in subsection (3) shall be paid to the estate or such person as may be prescribed by regulation.
Application deemed to have been received on date of death	(5) Any application made pursuant to subsection (2) or (3) is deemed to have been received
	(a) on the date of the death of a person who, prior to his death, would have been entitled, on approval of an application, to payment of a benefit under this Act; or
	(b) on the date of the death of a child referred to in subsection (3) where the person having custody and control of the child did not make an application prior to the death of the child.
	6. The heading before section 74 of the Act is replaced by the following:
	Disabled Contributor's Child's Benefit
	7. Subsections 74(1) to (3) of the Act are replaced by the following:
Persons by whom application may be made	74. (1) An application for a disabled contributor's child's benefit may be made on behalf of a disabled contributor's child by the child or by any other person or agency to whom the benefit would, if the application were approved, be payable under this Part.
Commenceme nt of payment of benefit	(2) Subject to section 62, where payment of a disabled contributor's child's benefit in respect of a contributor is approved, the benefit is payable for each month commencing with the later of
	(a) the month commencing with which a disability pension is payable to the contributor under this Act or under a provincial pension plan, and
	(b) the month next following the month in which the child was born or otherwise became a child of the contributor,
	but in no case earlier than the twelfth month preceding the month following the month in which the application was received.
No benefit in respect of more than two contributors	(3) Where a disabled contributor's child's benefit has become payable to a child under this Act or under a provincial pension plan in respect of any contributor thereunder, no disabled contributor's child's benefit is payable to the child under this Act in respect of any other such contributor except another parent of the child, and in no case shall such a benefit be paid to the child in respect of more than two contributors.
	8. Section 75 of the Act is replaced by the following:
Payment of benefit	75. Where a disabled contributor's child's benefit is payable to a child of a disabled contributor, payment thereof shall, if the child has not reached eighteen years of age, be made to the person or agency having custody and control of the child, or, where there is no person or agency having custody and control of the child, to such person or agency as the Minister may direct, and for the purposes of this Part, the contributor, except where the child is living apart from the contributor, shall be presumed, in the absence of any evidence to the contrary, to be the person having custody and control of the child.
	9. Subsections 76(2) and (3) of the Act are replaced by the following:
Exception	(3) Where, by reason of the death of a contributor, a disabled contributor's child's benefit ceases to be payable to a person who is 18 years of age or older at the time of that death, an application under section 60 for a survivor's pension shall be deemed to have been made by that person in the month in which the contributor died.

Bill C-475

BILL C-475