Marginal note:2000, c. 12, s. 202

• 24. (1) Subsection 30(1) of the Act is replaced by the following:

  Marginal note:Retroactive application by survivor

  • 30. (1) Despite paragraph 19(6)(b), if a person dies and the person’s survivor would have been entitled to an allowance under section 19 had the survivor and the deceased person made a joint application for it before the death of the deceased person, the survivor may make application for an allowance under section 19 within one year after the death of the deceased person.

• Marginal note:R.S., c. 34 (1st Supp.), s. 8(2); 2000, c. 12, par. 209(q)(E)

  (2) Subsection 30(3) of the Act is repealed.

Marginal note:2005, c. 35, s. 56

25. Subsection 33.01(3) of the Act is replaced by the following:

• 26. (1) Paragraph 34(o) of the Act is replaced by the following:

  • (o) providing for the making of any application or statement, or the doing of any other act or thing required or permitted by this Act, by any person or agency, and for the payment of a benefit to any person or agency, on behalf of any other person or beneficiary if it is established in any manner and by any evidence that may be prescribed by the regulations that the other person or beneficiary is, by reason of infirmity, illness, insanity or other cause, incapable of managing their own affairs, and prescribing the manner in which any benefit authorized to be paid to the person or agency shall be administered and expended for the benefit of the other person or beneficiary and accounted for;

• (2) Section 34 of the Act is amended by striking out the word “and” at the end of paragraph (p), by adding the word “and” at the end of paragraph (q) and by adding the following after paragraph (q):

  • (r) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with a document or information under this Act, including

    • (i) the technology or process, and the format, that must be used,

    • (ii) the place where an electronic document is to be made or sent,

    • (iii) the time and circumstances when an electronic document is considered to be sent or received and the place where it is considered to have been sent or received,

    • (iv) the technology or process to be used to make or verify an electronic signature and the manner in which the signature is to be used, and

    • (v) the circumstances in which an electronic document must be signed with an electronic signature or a secure electronic signature; and

  • (s) providing that a requirement under a provision of this Act to provide a document or information by non-electronic means is satisfied by the provision of an electronic document if the prescribed conditions, if any, have been complied with.

27. The Act is amended by adding the following after section 34:

Marginal note:1997, c. 40, s. 105

• 28. (1) Subsection 37(2) of the Act is replaced by the following:

  • Marginal note:Recovery of amount of payment

    (2) If a person has received or obtained a benefit payment to which the person is not entitled, or a benefit payment in excess of the amount of the benefit payment to which the person is entitled, the amount of the benefit payment or the excess amount, as the case may be, constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

  • Marginal note:Recovery of amount of interest

    (2.01) Interest payable under this Act constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

• (2) Section 37 of the Act is amended by adding the following after subsection (2.01):

  • Marginal note:Recovery of amount of penalty

    (2.02) The amount of a penalty imposed on a person under section 44.1 constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

• Marginal note:1997, c. 40, s. 105

  (3) Subsection 37(2.1) of the French version of the Act is replaced by the following:

  • Marginal note:Déduction

    (2.1) Le montant de la créance peut en outre être déduit, de la façon réglementaire, des sommes à payer au débiteur ou à sa succession en vertu de la présente loi ou de toute autre loi dont l’application incombe au ministre ou au titre de tout programme dont la gestion lui est confiée.

• Marginal note:1997, c. 40, s. 105

  (4) Subsection 37(2.7) of the Act is replaced by the following:

  • Marginal note:Garnishment

    (2.7) If the Minister knows or suspects that a person is or is about to become indebted or liable to make a payment to a person liable to make a payment to Her Majesty under this Act, the Minister may, by a notice served personally or by confirmed delivery service, require the first person to pay the money otherwise payable to the second person in whole or in part to the Receiver General on account of the second person’s liability.

• (5) Section 37 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Exclusion of Financial Administration Act

    (5) Section 155.1 of the Financial Administration Act does not apply in relation to amounts owing to Her Majesty under this Act.

29. Subsection 39(2) of the Act is replaced by the following:

30. Subsection 42(1) of the Act is replaced by the following:

31. The heading before section 44 of the Act is replaced by the following:

32. The Act is amended by adding the following after section 44:

• 33. (1) The portion of subsection 44.1(1) of the French version of the Act before paragraph (a), as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is replaced by the following:

  Marginal note:Pénalités

  • 44.1 (1) S’il prend connaissance de faits qui, à son avis, démontrent qu’une personne a commis l’un des actes ou omissions ci-après, le ministre peut lui infliger une pénalité pour chacun de ces actes ou omissions :

• (2) Paragraph 44.1(1)(d) of the Act, as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is replaced by the following:

  • (d) received or obtained by cheque or otherwise a benefit payment to which the person knew that they were not entitled, or a benefit payment that the person knew was in excess of the amount of the benefit payment to which they were entitled, and did not return the cheque or the amount of the benefit payment, or the excess amount, as the case may be, without delay; or

• (3) Paragraph 44.1(1)(e) of the French version of the Act, as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is replaced by the following:

  • e) participer, consentir ou acquiescer à la commission de tout acte ou omission visé à l’un ou l’autre des alinéas a) à d).

• (4) Section 44.1 of the Act, as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is amended by adding the following after subsection (1):

  • Marginal note:Purpose of penalty

    (1.1) The purpose of the penalty is to promote compliance with this Act and not to punish.

• (5) Subsection 44.1(4) of the Act, as enacted by section 107 of chapter 40 of the Statutes of Canada, 1997, is replaced by the following:

  • Marginal note:Rescission, etc., of penalty

    (4) The Minister may rescind the imposition of a penalty under subsection (1), or reduce the penalty,

    • (a) on the presentation of new facts;

    • (b) on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact;

    • (c) on being satisfied that the penalty cannot be collected within the reasonably foreseeable future; or

    • (d) on being satisfied that payment of the penalty would cause undue hardship to the debtor.

34. The Act is amended by adding the following before section 44.2:

35. The Act is amended by adding the following after section 46:

TRANSITIONAL PROVISIONS

Marginal note:Application of subparagraph 44(2)(a)(i.1)

• 36. (1) Subparagraph 44(2)(a)(i.1) of the Canada Pension Plan, as enacted by section 2, applies in respect of an application for a disability pension made in or after the month in which that section comes into force.

• Marginal note:Limitation

  (2) However, in the case of a contributor referred to in subparagraph 44(1)(b)(ii) of the Canada Pension Plan, subparagraph 44(2)(a)(i.1) of that Act, as enacted by section 2, applies only if the contributor is deemed to have become disabled no earlier than 15 months before the month in which that section comes into force.

Marginal note:Continued application

37. Subparagraphs 11(7)(e)(ii), 19(6)(d)(ii) and 21(9)(c)(ii) of the Old Age Security Act, as they read immediately before the day on which this Act receives royal assent, continue to apply to any person who, before that day, is a beneficiary of a supplement or an allowance under that Act or has made an application for payment of a supplement or an allowance under that Act.

Marginal note:Continued application

38. Section 29 of the Old Age Security Act, as it read immediately before the day on which this Act receives royal assent, continues to apply in respect of any application made under that section before that day.

COMING INTO FORCE

Marginal note:Subsection 114(2) of the Canada Pension Plan

• 39. (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in sections 2, 12 to 14 and 36 of this Act.

• Marginal note:Subsection 114(4) of the Canada Pension Plan

  (2) Sections 2, 12 to 14 and 36 of this Act come into force in accordance with subsection 114(4) of the Canada Pension Plan.

• Marginal note:Order in Council

  (3) Subsection 4(2), sections 6 and 7, subsections 17(2) and 28(2) and sections 32 and 33 of this Act come into force on a day or days to be fixed by order of the Governor in Council.