Old Age Security Act (R.S.C., 1985, c. O-9)

AMENDMENTS NOT IN FORCE

• — 2012, c. 19, s. 459

  • 1995, c. 33, s. 10; 1998, c. 21, par. 119(1)(d); 2000, c. 12, par. 207(1)(f) and 209(e)(E)

    • 459 (1) Subsection 19(4) of the Act is replaced by the following:

      • Presumption

        (3.1) If the Minister intends to waive the requirement for an application in respect of a person under subsection (4.02) and the information available to the Minister under this Act with respect to that person includes the prescribed information, the person is presumed, in the absence of evidence to the contrary, to have met the requirements of

        • (a) paragraph (1)(c); or

        • (b) paragraph (2)(a) or (b).

      • Annual application

        (4) Subject to subsections (4.02) and (4.1), no allowance may be paid under this section to a pensioner’s spouse or common-law partner in any payment period unless a joint application of the pensioner and the spouse or common-law partner, or an application described in section 30, has been made for payment of an allowance in respect of that payment period and payment of the allowance has been approved under this Part.

    • (2) Section 19 of the Act is amended by adding the following after subsection (4.01):

      • Waiver of application

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

      • Timing of waiver

        (4.03) The Minister may only waive the requirement referred to in subsection (4) in respect of a person

        • (a) on the day on which the pensioner’s spouse or common-law partner attains 60 years of age; or

        • (b) on the day on which the pensioner attains 65 years of age if, on that day, the spouse or common-law partner is at least 60 years of age.

      • Notice of intent

        (4.04) If the Minister intends to waive the requirement for an application in respect of a person under subsection (4.02), the Minister shall notify the person 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.

      • Inaccuracies

        (4.05) The person shall, before the day referred to in paragraph (4.03)(a) or (b), file with the Minister a statement in which the person corrects any inaccuracies in the information provided by the Minister under subsection (4.04).

      • Declining waiver

        (4.06) The person may, before the day referred to in paragraph (4.03)(a) or (b), decline the waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

      • Cancellation of waiver

        (4.07) Even if the requirement for an application has been waived in respect of a person under subsection (4.02), the Minister may, before the day referred to in paragraph (4.03)(a) or (b), require that the person make an application for payment of an allowance and, in that case, the Minister shall notify the person in writing of that requirement.

• — 2012, c. 19, s. 460

  • 1995, c. 33, s. 11(1); 1998, c. 21, par. 119(1)(f); 2000, c. 12, par. 208(1)(b) and 209(j)(E)

    460 Subsection 21(4) of the Act is replaced by the following:

    • 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).

    • 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.

    • 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.

    • 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.

    • 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).

    • 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.

    • 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.

• — 2012, c. 19, s. 462

  • 1995, c. 33, s. 14; 2000, c. 12, par. 209(p)(E)

    462 Subsection 24(1) of the Act is replaced by the following:

    • 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.

• — 2012, c. 19, s. 463

  • 463 The Act is amended by adding the following after section 26:

    Cessation of Payment

    • 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

    • 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.

      • 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.

• — 2014, c. 20, s. 371

  • 1996, c. 18, s. 51(1); 2007, c. 11, s. 16(2)

    • 371 (1) Paragraph 11(7)(e) of the Old Age Security Act is replaced by the following:

      • (e) any month during which the pensioner is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act.

    • 1996, c. 18, s. 51(2)

      (2) Subsection 11(8) of the Act is replaced by the following:

      • Application of paragraph (7)(e)

        (8) Paragraph (7)(e) does not apply

        • (a) to a person who was qualified to receive a pension or an allowance immediately before the day on which this paragraph comes into force, whether or not they had applied for it; or

        • (b) to a pensioner if an event as provided by the regulations has occurred.

• — 2014, c. 20, s. 372

  • 1996, c. 18, s. 53(1); 2000, c. 12, par. 207(1)(f); 2007, c. 11, s. 19(3)

    • 372 (1) Paragraph 19(6)(d) of the Act is replaced by the following:

      • (d) any month during which the spouse or common-law partner is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act;

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

      (2) Subsection 19(6.2) of the Act is replaced by the following:

      • Application of paragraph (6)(d)

        (6.2) Paragraph (6)(d) does not apply to a spouse or common-law partner

        • (a) who was qualified to receive an allowance immediately before the day on which this paragraph comes into force, whether or not they had applied for it; or

        • (b) if an event as provided by the regulations has occurred.

• — 2014, c. 20, s. 373

  • 1998, c. 21, s. 115(2); 2000, c. 12, par. 208(1)(d); 2007, c. 11, s. 20(3)

    • 373 (1) Paragraph 21(9)(c) of the Act is replaced by the following:

      • (c) any month during which the survivor is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act; or

    • 1998, c. 21, s. 115(3); 2000, c. 12, par. 208(1)(d)

      (2) Subsection 21(9.1) of the Act is replaced by the following:

      • Application of paragraph (9)(c)

        (9.1) Paragraph (9)(c) does not apply to a survivor

        • (a) who was qualified to receive an allowance immediately before the day on which this paragraph comes into force, whether or not they had applied for it; or

        • (b) if an event as provided by the regulations has occurred.