SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Eliminating Entitlements for Prisoners Act.

R.S., c. O-9OLD AGE SECURITY ACT

2. Section 2 of the Old Age Security Act is amended by adding the following in alphabetical order:

3. Section 5 of the Act is amended by adding the following after subsection (2):

4. Section 8 of the Act is amended by adding the following after subsection (2):

5. The Act is amended by adding the following after section 9.1:

6. Section 15 of the Act is amended by adding the following after subsection (3.1):

• 7. (1) Section 19 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Incarcerated common-law partner

    (1.1) For the purposes of subsection (1), common-law partners do not become former common-law partners if the sole reason for their separation is that one of the partners is an incarcerated person described in subsection 5(3) or paragraph 19(6)(f).

  • Marginal note:Incarcerated spouse

    (1.2) For the purposes of paragraph (1)(a), a spouse is not considered to be separated from the pensioner if the sole reason for the separation is that the pensioner is an incarcerated person described in subsection 5(3).

• (2) Section 19 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Treated as joint application

    (4.01) If the pensioner is an incarcerated person described in subsection 5(3), their spouse or common-law partner may apply for an allowance individually and, for the purposes of subsection (4), that application shall be considered and dealt with as though it were a joint application of the pensioner and the spouse or common-law partner.

• (3) Subsection 19(6) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):

  • (f) any period of incarceration — exclusive of the first month of that period — during which the spouse or common-law partner is subject to a sentence of imprisonment

    • (i) that is to be served in a penitentiary by virtue of any Act of Parliament, or

    • (ii) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which the prison is located has entered into an agreement under section 33.1 for the administration of this paragraph.

• Marginal note:1996, c. 18, s. 53(2); 2000, c. 12, par. 207(1)(f)

  (4) Subsection 19(6.1) of the Act is replaced by the following:

  • Marginal note:Application of par. (6)(b)

    (6.1) Paragraph (6)(b) does not apply to a spouse or common-law partner of a pensioner in respect of a month for which a supplement would be payable to the pensioner if

    • (a) the special qualifying factor of that pensioner for that month were equal to one; or

    • (b) the pensioner were not precluded from receiving a supplement by virtue of the application of subsection 5(3).

• (5) Section 19 of the Act is amended by adding the following after subsection (6.2):

  • Marginal note:Resumption of allowance

    (6.3) Payment of an allowance that is suspended by virtue of paragraph (6)(f) shall resume in respect of the month in which the spouse or common-law partner is released but only if they

    • (a) have notified the Minister in writing before or after their release; and

    • (b) continue to be eligible for an allowance.

• 8. (1) Subsection 21(9) of the Act is amended by adding the following after paragraph (c):

  • (d) any period of incarceration — exclusive of the first month of that period — during which the survivor is subject to a sentence of imprisonment

    • (i) that is to be served in a penitentiary by virtue of any Act of Parliament, or

    • (ii) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which the prison is located has entered into an agreement under section 33.1 for the administration of this paragraph.

• (2) Section 21 of the Act is amended by adding the following after subsection (9.1):

  • Marginal note:Resumption of allowance

    (9.2) Payment of an allowance suspended by virtue of paragraph (9)(d) shall resume in respect of the month in which the survivor is released but only if they

    • (a) have notified the Minister in writing before or after their release; and

    • (b) continue to be eligible for an allowance.

Marginal note:1998, c. 21, s. 116(3)(E); 2000, c. 12, par. 206(a) and 207(1)(h)

• 9. (1) The definition “monthly joint income” in subsection 22(1) of the Act is replaced by the following:

  “monthly joint income”

  « revenu conjoint mensuel »

  “monthly joint income” of a pensioner and the pensioner’s spouse or common-law partner in a current payment period is the amount that equals one-twelfth of the total incomes of the pensioner and the spouse or common-law partner for the base calendar year; however, for the purpose of calculating the allowance that may be paid to the pensioner’s spouse or common-law partner under subsection (3) for the months during which the pensioner is an incarcerated person described in subsection 5(3) — exclusive of the first month of incarceration and the month of release — it is the amount that equals one-twelfth of the income of the spouse or common-law partner for the base calendar year;

• (2) Section 22 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Limitation

    (2.1) No supplement under subsection (2) may be paid to an incarcerated person described in subsection 5(3) for any month for which no pension may be paid.

10. Section 23 of the Act is amended by adding the following after subsection (2):

11. Section 33.11 of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph: