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

Full Document:  

Act current to 2022-11-16 and last amended on 2022-06-23. Previous Versions

PART IMonthly Pension (continued)

Pension Payable (continued)

Marginal note:Residence in Canada must be or have been legal

  •  (1) A person who was not a pensioner on July 1, 1977 is eligible for a pension under this Part only if

    • (a) on the day preceding the day on which that person’s application is approved that person is a Canadian citizen or, if not, is legally resident in Canada; or

    • (b) on the day preceding the day that person ceased to reside in Canada that person was a Canadian citizen or, if not, was legally resident in Canada.

  • Marginal note:Regulations respecting legal residence

    (2) The Governor in Council may make regulations respecting the meaning of legal residence for the purposes of subsection (1).

  • 1976-77, c. 9, s. 1

Marginal note:Presumption

 If the Minister intends to waive the requirement for an application in respect of a person under subsection 5(4) 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) subparagraph 3(1)(b)(iii) or (c)(iii) or paragraph 3(2)(b); or

  • (b) paragraph 4(1)(a) or (b).

  • 2012, c. 19, s. 449

Marginal note:Limitations

  •  (1) No pension may be paid to any person unless that person is qualified under subsection 3(1) or (2), an application therefor has been made by or on behalf of that person and the application has been approved, and, except as provided in this Act, no pension may be paid to any person in respect of any period prior to the day on which that person’s application is approved.

  • Marginal note:Application deemed to have been made and approved

    (2) Where an allowance ceases to be payable to a person by reason of that person having reached sixty-five years of age, the Minister may deem an application under subsection (1) to have been made by that person and approved, on the day on which the person reached that age.

  • Marginal note:Incarcerated persons

    (3) No pension may be paid in respect of a period of incarceration — exclusive of the first month of that period — to a person who is subject to a sentence of imprisonment

  • Marginal note:Waiver of application

    (4) The Minister may, on the day on which a person attains 65 years of age, waive the requirement referred to in subsection (1) for an application if the Minister is satisfied, based on information that is available to him or her under this Act, that the person is qualified under subsection 3(1) or (2) for the payment of a pension.

  • Marginal note:Notice of intent

    (5) If the Minister intends to waive the requirement for an application in respect of a person, 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 a pension.

  • Marginal note:Inaccuracies

    (6) The person shall, before the day on which they attain 65 years of age, file with the Minister a statement in which the person corrects any inaccuracies in the information provided by the Minister under subsection (5).

  • Marginal note:Declining waiver

    (7) The person may, before the day on which they attain 65 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

    (8) Even if the requirement for an application is intended to be waived in respect of a person under subsection (4), the Minister may, before the day on which the person attains 65 years of age, require that the person make an application for payment of a pension and, in that case, the Minister shall notify the person in writing of that requirement.

  • R.S., 1985, c. O-9, s. 5
  • 1995, c. 33, s. 2
  • 2000, c. 12, s. 209(E)
  • 2010, c. 22, s. 3
  • 2012, c. 19, ss. 296, 450
  • 2013, c. 40, s. 236

Marginal note:Withdrawal of application

  •  (1) An applicant may withdraw an application for a pension by giving a written notice of their withdrawal to the Minister at any time before payment of the pension commences.

  • Marginal note:Effect of withdrawal

    (2) If an application for a pension is withdrawn under subsection (1), the withdrawn application shall not after that time be used for the purpose of determining the applicant’s eligibility for a pension.

  • 2007, c. 11, s. 15

Information from Statistics Canada

Marginal note:Census statistics

 Subject to the conditions specified in the regulations, the Minister is entitled, for the purpose of ascertaining the age of any pensioner or any applicant for a pension, to obtain from Statistics Canada, on request, any information respecting the age of a pensioner or applicant that is contained in the returns of any census taken more than thirty years before the date of the request.

  • R.S., c. O-6, s. 3
  • 1970-71-72, c. 15, s. 39

Amount of Pension

Marginal note:Basic amount of full pension

  •  (1) The amount of the full monthly pension that may be paid to any person for a month in the payment quarter commencing on January 1, 1985 is two hundred and seventy-three dollars and eighty cents.

  • Marginal note:Quarterly adjustment of basic amount of full pension

    (2) Where a full monthly pension has been authorized to be paid to a person, the amount of the pension shall be adjusted quarterly, in such manner as may be prescribed by regulation, so that the amount that may be paid to that person for a month in any payment quarter commencing after March 31, 1985 is the amount obtained by multiplying

    • (a) the amount of the pension that might have been paid to that person for a month in the three month period immediately before that payment quarter

      by

    • (b) the ratio that the Consumer Price Index for the first adjustment quarter that relates to that payment quarter bears to the Consumer Price Index for the second adjustment quarter that relates to that payment quarter.

  • Marginal note:No decrease in amount of full pension

    (3) Notwithstanding subsection (2), the amount of a full monthly pension that may be paid to a pensioner for any month in a payment quarter shall be not less than the amount of the full monthly pension that was or may be paid to a pensioner for any month in the three month period immediately before that payment quarter.

  • Marginal note:Effect of reduction in Consumer Price Index

    (4) Where, in relation to any payment quarter, the Consumer Price Index for the first adjustment quarter is lower than the Consumer Price Index for the second adjustment quarter,

    • (a) no pension adjustment shall be made pursuant to subsection (2) in respect of that payment quarter; and

    • (b) no pension adjustment shall be made pursuant to that subsection in respect of any subsequent payment quarter until, in relation to a subsequent payment quarter, the Consumer Price Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in that paragraph shall be deemed to be the second adjustment quarter that relates to that subsequent payment quarter.

  • Marginal note:Full monthly pension — persons aged 75 years or older

    (5) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the full monthly pension, as it is calculated in accordance with subsections (1) to (4), is increased by 10%.

Marginal note:Voluntary deferral — full monthly pension

  •  (1) If a person applies for their pension after they become qualified to receive a full monthly pension, the amount of that pension, as it is calculated in accordance with subsections 7(1) to (4), is increased by 0.6% for each month in the period that begins in the month after the month in which the person becomes qualified for that pension and that ends in the month in which the person’s application is approved.

  • Marginal note:Voluntary deferral — partial monthly pension

    (2) If a person applies for their pension after they become qualified to receive a partial monthly pension, the amount of that pension, as it is calculated in accordance with subsection 3(3) without regard to subsection 7(5), at the time that they become qualified for that pension, is increased by 0.6% for each month in the period that begins in the month after that time and that ends in the month in which the person’s application is approved.

  • Marginal note:Greatest amount of pension

    (3) A person who is qualified to receive a monthly pension shall, unless they decide otherwise, receive the greatest of the following amounts:

    • (a) the amount of the full monthly pension as it is increased under subsection (1), if the person is qualified to receive a full monthly pension,

    • (b) the amount of the partial monthly pension as it is increased under subsection (2), and

    • (c) the amount of the partial monthly pension as it is calculated under subsection 3(3) at the time that the person’s application is approved.

  • Marginal note:Limitation

    (4) Despite subsections (1) and (2), the amount of a pension is not increased for any month

    • (a) before July 2013;

    • (b) after the month in which the person attains 70 years of age; or

    • (c) in which the person’s pension would not be paid by virtue of subsection 5(3), or would be suspended under subsection 9(1) or (3), if the person were a pensioner.

  • Marginal note:Full monthly pension — persons aged 75 years or older

    (5) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the full monthly pension, as it is increased under subsection (1), is increased by 10%.

  • Marginal note:Partial monthly pension — persons aged 75 years or older

    (6) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the partial monthly pension, as it is increased under subsection (2), is increased by 10%.

Payment of Pension

Marginal note:Commencement of pension

  •  (1) Payment of pension to any person shall commence in the first month after the application therefor has been approved, but where an application is approved after the last day of the month in which it was received, the approval may be effective as of such earlier date, not prior to the day on which the application was received, as may be prescribed by regulation.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), where a person who has applied to receive a pension attained the age of sixty-five years before the day on which the application was received, the approval of the application may be effective as of such earlier day, not before the later of

    • (a) a day one year before the day on which the application was received, and

    • (b) the day on which the applicant attained the age of sixty-five years,

    as may be prescribed by regulation.

  • Marginal note:Incarcerated persons

    (2.1) Despite subsection (1), if the application by a person described in subsection 5(3) is approved while that person is incarcerated, payment of their pension shall commence in respect of the month in which they are released but only after they notify the Minister in writing before or after their release.

  • Marginal note:Duration

    (3) Subject to this Act, the pension shall continue to be paid during the lifetime of the pensioner and shall cease with the payment for the month in which the pensioner dies.

  • R.S., 1985, c. O-9, s. 8
  • 1995, c. 33, s. 3
  • 2010, c. 22, s. 4
  • 2012, c. 19, s. 452(F)

Marginal note:Suspension of pension where pensioner leaves Canada

  •  (1) Where a pensioner, having left Canada either before or after becoming a pensioner, has remained outside Canada after becoming a pensioner for six consecutive months, exclusive of the month in which the pensioner left Canada, payment of the pension for any period the pensioner continues to be absent from Canada after those six months shall be suspended, but payment may be resumed with the month in which the pensioner returns to Canada.

  • Marginal note:No suspension after 20 years residence

    (2) In the circumstances described in subsection (1), payment of the pension may be continued without suspension for any period the pensioner remains outside Canada if the pensioner establishes that at the time the pensioner left Canada the pensioner had resided in Canada for at least twenty years after attaining the age of eighteen years.

  • Marginal note:Suspension of pension where pensioner ceases to reside in Canada

    (3) Where a pensioner ceases to reside in Canada, whether before or after becoming a pensioner, payment of the pension shall be suspended six months after the end of the month in which the pensioner ceased to reside in Canada, but payment may be resumed with the month in which the pensioner resumes residence in Canada.

  • Marginal note:No suspension where pensioner had 20 years residence in Canada

    (4) In the circumstances described in subsection (3), payment of the pension may be continued without suspension if the pensioner establishes that at the time the pensioner ceased to reside in Canada the pensioner had resided in Canada for at least twenty years after attaining the age of eighteen years.

  • Marginal note:Failure to comply with Act

    (5) Where a pensioner fails to comply with any of the provisions of this Act or the regulations, payment of the pension may be suspended, and where a pension is so suspended, payment may be resumed when the pensioner has complied with those provisions.

  • R.S., c. O-6, s. 7
  • 1972, c. 10, s. 4
  • 1976-77, c. 9, s. 4
  • 1979, c. 4, s. 1

Marginal note:Request that pension cease to be payable

  •  (1) Any pensioner may make a request to the Minister in writing that their pension cease to be payable.

  • Marginal note:When pension ceases to be payable

    (2) A pension shall cease to be payable on the last day of the month in which the Minister approves a request under subsection (1).

  • Marginal note:Request for reinstatement

    (3) A pensioner whose pension has ceased to be payable under subsection (2) may make a request in writing to the Minister that their pension be reinstated.

  • Marginal note:When reinstatement effective

    (4) A pension shall be reinstated and payment shall commence in the month following the month in which the Minister receives a request under subsection (3) or in the month chosen by the pensioner in the request, whichever is later.

  • 1995, c. 33, s. 4

Marginal note:Resumption of pension

 Payment of a pension that is suspended by virtue of subsection 5(3) shall resume in respect of the month in which a pensioner is released but only after they notify the Minister in writing before or after their release.

  • 2010, c. 22, s. 5
 
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