Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Cessation of Payment

Marginal note:Request that supplement cease to be payable

18.1 If a pensioner makes a request to the Minister in writing that their supplement cease to be payable, it shall cease to be payable on the last day of the month in which the Minister approves the request and shall not resume until the later of the month after the month in which the Minister receives a new application for the supplement and the month chosen by the pensioner in the application.

Cancellation of Payment

Marginal note:Request to cancel supplement

• 18.2 (1) A pensioner may, in the prescribed manner and within the prescribed time after payment of a supplement has commenced, request cancellation of that supplement.

• Marginal note:Effect of cancellation

  (2) If the request is granted and the amount of any supplement and related allowance is repaid within the prescribed time,

  • (a) the application for that supplement is deemed never to have been made; and

  • (b) the supplement is deemed for the purposes of this Act not to have been payable during the period in question.

• Marginal note:Presumption

  (3.1) If the Minister intends to waive the requirement for an application in respect of a survivor under subsection (4.1) and the information available to the Minister under this Act with respect to the survivor includes the prescribed information, the survivor is presumed, in the absence of evidence to the contrary, to have met the requirements of

  • (a) paragraph (1)(b); or

  • (b) paragraph (2)(a) or (b).

• Marginal note:Annual application

  (4) Subject to subsections (4.1), (5) and (5.1), no allowance may be paid to a survivor under this section in any payment period unless the survivor has made an application for an allowance in respect of that payment period and payment of the allowance has been approved under this Part.

• Marginal note:Waiver of application

  (4.1) The Minister may, in respect of a survivor, waive the requirement referred to in subsection (4) for an application for payment of an allowance for any month or months in a payment period if, on the day on which the survivor attains 60 years of age, the Minister is satisfied, based on information available to him or her under this Act, that the survivor is qualified under this section for the payment of an allowance.

• Marginal note:Notice of intent

  (4.2) If the Minister intends to waive the requirement for an application in respect of a survivor under subsection (4.1), the Minister shall notify the survivor in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of an allowance.

• Marginal note:Inaccuracies

  (4.3) The survivor shall, before the day on which they attain 60 years of age, file with the Minister a statement in which the survivor corrects any inaccuracies in the information provided by the Minister under subsection (4.2).

• Marginal note:Declining waiver

  (4.4) The survivor may, before the day on which they attain 60 years of age, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

• Marginal note:Cancellation of waiver

  (4.5) Even if the requirement for an application is intended to be waived in respect of a survivor under subsection (4.1), the Minister may, before the day on which the survivor attains 60 years of age, require that the survivor make an application for payment of an allowance and, in that case, the Minister shall notify the survivor in writing of that requirement.

• Marginal note:Exception

  (2) Toutefois, si le demandeur a déjà atteint l’âge de soixante ans au moment de la réception de la demande, l’effet de l’agrément peut être rétroactif à la date fixée par règlement, celle-ci ne pouvant être antérieure au jour où il atteint cet âge ni précéder de plus d’un an le jour de réception de la demande.

Marginal note:Consideration of application or waiver

• 24. (1) The Minister shall, without delay after receiving an application for an allowance under subsection 19(4) or 21(4) or after waiving the requirement for an application for an allowance under subsection 19(4.02) or (4.1) or 21(4.1) or (5.1), as the case may be, consider whether the applicant is entitled to be paid an allowance, and may approve payment of an allowance and fix the amount of benefits that may be paid, or may determine that no allowance may be paid.

Cessation of Payment

Marginal note:Request that allowance cease to be payable

26.01 If a person makes a request to the Minister in writing that their allowance cease to be payable, it shall cease to be payable on the last day of the month in which the Minister approves the request and shall not resume until the later of the month after the month in which the Minister receives a new application for the allowance and the month chosen by the person in the application.

Cancellation of Payment

Marginal note:Request to cancel allowance

• 26.02 (1) A person may, in the prescribed manner and within the prescribed time after payment of an allowance has commenced, request cancellation of that allowance.

• Marginal note:Effect of cancellation

  (2) If the request is granted and the amount of the allowance is repaid within the prescribed time,

  • (a) the application for that allowance is deemed never to have been made; and

  • (b) the allowance is deemed for the purposes of this Act not to have been payable during the period in question.

Inviting Applications

Marginal note:Inviting persons to apply

26.2 The Minister may invite persons to make an application for benefits under this Act and may, for that purpose, collect personal information and make available or use personal information available to him or her under this Act.

• (a) the Minister of National Revenue or any person that he or she designates may make available to the Minister, or to a public officer of the Department of Human Resources and Skills Development that is designated by the Minister, a report providing information that is available to the Minister of National Revenue, if the information is necessary for the administration of this Act;

• (b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister, or to a public officer of the Department of Human Resources and Skills Development, any information that was obtained in the administration of the Citizenship Act or the Immigration and Refugee Protection Act, if the information is necessary for the administration of this Act;