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

34.1 [Repealed, 2012, c. 19, s. 238]

Marginal note:Regulations — payment of interest

34.2 The Governor in Council may make regulations respecting the payment of interest on amounts owing to Her Majesty under this Act, including regulations prescribing

• (a) the circumstances in which interest is payable;

• (b) rates of interest or the manner of calculating rates of interest;

• (c) terms and conditions for the imposition and payment of interest; and

• (d) terms and conditions under which the Minister may waive, reduce or remit the interest payable.

Form of Documents

Marginal note:Form of applications, statements and notifications

35 Every application, statement or notification required or permitted by this Act shall be made or given in such form as the Minister may require.

Benefits

Marginal note:Making claim or providing information in person

35.1 The Minister may require an applicant or other person or a group or class of persons to be at a suitable place at a suitable time in order to make an application for benefits in person or to provide additional information about an application.

Marginal note:Benefit not assignable

• 36 (1) A benefit shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security a benefit is void.

• Marginal note:Benefit not subject to seizure or execution

  (1.1) A benefit is exempt from seizure and execution, either at law or in equity.

• Marginal note:Exception

  (2) Despite subsections (1) and (1.1), if a provincial authority or a municipal authority in a province pays a person any advance or assistance or welfare payment for a month or a portion of a month that would not be paid if a benefit under this Act had been paid for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from the benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not more than the amount of the advance or assistance or welfare payment paid.

• Marginal note:Reimbursement of Department of Veterans Affairs

  (3) Notwithstanding subsections (1) and (1.1), where any benefit is received for a month or any portion of a month after this subsection comes into force under any Act of Parliament that is administered by the Minister of Veterans Affairs, that would not have been received if a benefit under this Act had been paid for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may deduct from the benefit and pay to the Department of Veterans Affairs an amount not exceeding the amount of the benefit if that person had, on or before receiving the benefit from the Department of Veterans Affairs, consented in writing to the deduction and payment by the Minister.

Marginal note:Return of benefit where recipient not entitled

• 37 (1) A person who has received or obtained by cheque or otherwise 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, shall forthwith return the cheque or the amount of the benefit payment, or the excess amount, as the case may be.

• 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.

• 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:Set-off

  (2.1) If any amount is or becomes payable to the person or to the person’s estate or succession under this Act or any other Act or program administered by the Minister, the amount of the debt may be deducted and retained out of the amount payable in the prescribed manner.

• Marginal note:Certificates

  (2.2) All or part of the debt that has not been recovered may be certified by the Minister

  • (a) without delay, if in the Minister’s opinion the person liable to pay the amount is attempting to avoid payment; and

  • (b) in any other case, on the expiration of 30 days after the default.

• Marginal note:Judgment

  (2.3) On production to the Federal Court, the certificate shall be registered in the Court. When it is registered, it has the same force and effect, and all proceedings may be taken, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate.

• Marginal note:Judgment

  (2.4) A certificate registered under subsection (2.3) may also be registered in the superior court of a province as if it were a document evidencing a judgment of that court.

• Marginal note:Costs

  (2.5) All reasonable costs and charges for the registration of the certificate are recoverable in the same way as if they had been certified and the certificate registered under this section.

• Marginal note:Charge on land

  (2.6) A document issued by the Federal Court or by a superior court of a province evidencing a certificate in respect of a debtor registered under subsection (2.3) or (2.4) may be recorded for the purpose of creating security, or a charge, lien or legal hypothec, on land in a province, or on an interest in land in a province, held or owned by the debtor, in the same manner as a document evidencing a judgment of the superior court of the province against a person for a debt owing by the person may be recorded in accordance with the law of the province to create security, or a charge, lien or legal hypothec, on land, or an interest in land, held or owned by the person.

• 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.

• Marginal note:Debt due to the Crown

  (2.8) An amount not paid as required by a notice under subsection (2.7) is a debt due to Her Majesty.

• Marginal note:Proof of personal service

  (2.9) If provision is made by this Act or the regulations for personal service of a request for information or a notice or demand, an affidavit of the person effecting service stating that

  • (a) the person has charge of the appropriate records and has knowledge of the facts in the particular case,

  • (b) such a request, notice or demand was served personally on a named day on the person to whom it was directed, and

  • (c) the person identifies as an exhibit attached to the affidavit a true copy of the request, notice or demand,

  is evidence of the personal service and of the request, notice or demand.

• (3) [Repealed, 1997, c. 40, s. 105]

• Marginal note:Remission of amount owing

  (4) Notwithstanding subsections (1), (2) and (3), where a person has received or obtained a benefit payment to which that person is not entitled or a benefit payment in excess of the amount of the benefit payment to which that person is entitled and the Minister is satisfied that

  • (a) the amount or excess of the benefit payment cannot be collected within the reasonably foreseeable future,

  • (b) the administrative costs of collecting the amount or excess of the benefit payment are likely to equal or exceed the amount to be collected,

  • (c) repayment of the amount or excess of the benefit payment would cause undue hardship to the debtor, or

  • (d) the amount or excess of the benefit payment is the result of erroneous advice or administrative error in the administration of this Act,

  the Minister may, unless that person has been convicted of an offence under any provision of this Act or of the Criminal Code in connection with the obtaining of the benefit payment, remit all or any portion of the amount or excess of the benefit payment.

• 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.

Oaths and Affidavits

Marginal note:Commissioners for oaths, etc.

• 38 (1) Any officer or employee of Her Majesty who is authorized by the Minister for the purpose may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for taking affidavits.

• Marginal note:Acceptance of oaths, etc.

  (2) The Minister may accept, for the purposes of the administration of this Act or the regulations, any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits.

Agreements

Marginal note:Payment of provincial benefit

• 39 (1) Where a province provides benefits similar to or as a supplement to benefits payable under this Act for a pensioner or a pensioner’s spouse or common-law partner within that province, the Minister may, with the approval of the Governor in Council, enter into an agreement with the government of that province whereby the provincial benefit that is payable to a pensioner or a pensioner’s spouse or common-law partner may be included with the amount of the benefit under this Act and paid on behalf of the government of that province in such manner as the agreement may provide.

• Marginal note:Administration of provincial benefits

  (1.1) The agreement may provide for the Minister to administer the provincial benefits on behalf of the government of that province in accordance with the terms and conditions set out in the agreement.

• Marginal note:Province to reimburse expenses

  (2) It shall be a term of the agreement that the government of the province that is a party to the agreement shall reimburse the Minister for the expenses incurred by the Minister under that agreement.

Marginal note:Reciprocal arrangements re administration, etc.

• 40 (1) Where, under any law of a country other than Canada, provision is made for the payment of old age or other benefits including survivors’ or disability benefits, the Minister may, on behalf of the Government of Canada, on such terms and conditions as may be approved by the Governor in Council, enter into an agreement with the government of that country for the making of reciprocal arrangements relating to the administration or operation of that law and of this Act, including, without restricting the generality of the foregoing, arrangements relating to

  • (a) the exchange of such information obtained under that law or this Act as may be necessary to give effect to any such arrangements;

  • (b) the administration of benefits payable under this Act to persons resident in that country, the extension of benefits under that law or this Act to persons employed in or resident in that country and the increase or decrease in the amount of the benefits payable under that law or this Act to persons employed in or resident in that country;

  • (c) the administration of benefits payable under that law to persons resident in Canada, the extension of benefits under that law or this Act to persons employed in or resident in Canada and the increase or decrease in the amount of the benefits payable under that law or this Act to persons employed in or resident in Canada;

  • (d) the totalization of periods of residence and periods of contribution in that country and periods of residence in Canada; and

  • (e) the payment by that country and Canada respectively, where applicable as a result of totalization, of prorated benefits based on periods of residence and periods of contribution in that country and periods of residence in Canada.

• Marginal note:Regulations for giving effect to agreements

  (2) For the purpose of giving effect to any agreement entered into under subsection (1), the Governor in Council may make such regulations respecting the manner in which this Act shall apply to any case or class of cases affected by the agreement, and for adapting this Act thereto, as appear to the Governor in Council to be necessary for that purpose, and any regulations so made may provide therein for the making of any financial adjustments required under the agreement and for the crediting or charging of the amount of any such adjustments to the Consolidated Revenue Fund.