Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Old Age Security Regulations (C.R.C., c. 1246)

Regulations are current to 2024-03-06 and last amended on 2022-12-05. Previous Versions

Old Age Security Regulations

C.R.C., c. 1246

OLD AGE SECURITY ACT

Regulations for Carrying into Effect the Purposes and Provisions of the Old Age Security Act

Short Title

 These Regulations may be cited as the Old Age Security Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Old Age Security Act; (Loi)

    appeal

    appeal means an appeal referred to in subsection 28(1) of the Act or made in respect of a reference; (appel)

    appellant

    appellant means a person who makes an appeal referred to in subsection 28(1) or (2) of the Act or in respect of a reference; (appelant)

    applicant

    applicant[Repealed, SOR/96-521, s. 1]

    application form

    application form means the form of application required by the Minister; (formule de demande)

    beneficiary

    beneficiary includes a person on whose behalf a benefit has become payable; (prestataire)

    Board

    Board[Repealed, SOR/89-269, s. 1]

    Court

    Court means the Tax Court of Canada constituted by the Tax Court of Canada Act; (Cour)

    Minister

    Minister[Repealed, SOR/96-521, s. 1]

    reference

    reference means a reference to the Tax Court of Canada pursuant to subsection 28(2) of the Act; (renvoi)

    Regional Director

    Regional Director[Repealed, SOR/96-521, s. 1]

    request for reconsideration

    request for reconsideration means a request made to the Minister for reconsideration under section 27.1 of the Act; (demande de révision)

    Review Committee

    Review Committee[Repealed, SOR/90-813, s. 1]

    Review Tribunal

    Review Tribunal[Repealed, SOR/96-521, s. 1]

    secretary

    secretary[Repealed, SOR/96-521, s. 1]

  • (1.1) [Repealed, SOR/2017-225, s. 1]

  • (2) For the purposes of these Regulations, residence and presence in Newfoundland prior to the date of union of Newfoundland with Canada are deemed to be residence and presence in Canada respectively.

  • (3) For the purpose of the definition public officer in subsection 33(1) of the Act, a prescribed individual is a person employed in a federal institution or whose services are required by a federal institution, on a casual or temporary basis or under a student employment program.

  • SOR/81-285, s. 1
  • SOR/89-269, s. 1
  • SOR/90-813, s. 1
  • SOR/96-521, s. 1
  • SOR/99-193, s. 1
  • SOR/2013-23, s. 1
  • SOR/2017-225, s. 1

PART IApplications

Forms for Applications

  •  (1) Where required by the Minister, an application for a benefit shall be made on an application form.

  • (2) Subject to subsections 5(2) and 11(3) of the Act, an application is deemed to have been made only when an application form completed by or on behalf of an applicant is received by the Minister.

  • SOR/96-521, s. 2
  •  (1) Where the Minister considers that a person is unable for a sufficient reason to make a request for a reconsideration or to make an appeal, an application, a statement or a notice, the request for reconsideration, appeal, application, statement or notice may be made on that person’s behalf by a responsible person or agency.

  • (2) Where a person is or has been in receipt of assistance pursuant to the Unemployment Assistance Act or the Canada Assistance Plan, an application for a pension may be made on behalf of that person by the appropriate provincial authority.

  • SOR/90-813, s. 2
  • SOR/96-521, s. 3

Approval of an Application for a Pension

  •  (1) Subject to subsection (2), where the Minister

    • (a) is satisfied that an applicant is qualified for a pension in accordance with sections 3 to 5 of the Act, and

    • (b) approves the application after the last day of the month in which it was received,

    the Minister’s approval shall be effective on the latest of

    • (c) the day on which the application was received,

    • (d) the day on which the applicant became qualified for a pension in accordance with sections 3 to 5 of the Act, and

    • (e) the date specified in writing by the applicant.

  • (2) Where the Minister is satisfied that an applicant mentioned in subsection (1) attained the age of 65 years before the day on which the application was received, the Minister’s approval of the application shall be effective as of the latest of

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

    • (b) the day on which the applicant attained the age of 65 years;

    • (c) the day on which the applicant became qualified for a pension in accordance with sections 3 to 5 of the Act; and

    • (d) the month immediately before the date specified in writing by the applicant.

  • (3) Where the Minister, under subsection 5(2) or 11(3) of the Act, deems an application to have been made and approved, the Minister’s approval shall be effective on the day on which the person attained the age of 65 years.

  • (4) If the Minister waives the requirement for an application in respect of a person under subsection 5(4) of the Act, the Minister’s approval is effective on the day on which the person attains the age of 65 years.

  • SOR/83-84, s. 1
  • SOR/84-656, s. 1
  • SOR/90-813, s. 3
  • SOR/96-521, ss. 4, 29(F)
  • SOR/2013-23, s. 2

Payment of an Allowance Under Two Dollars

 Where a spouse, common-law partner or survivor is entitled under Part III of the Act to an allowance in an amount that does not exceed $2 monthly, an allowance of $2 is payable monthly to that spouse, common-law partner or survivor.

  • SOR/89-269, s. 2
  • SOR/2000-412, s. 1

Manner of Rounding Off Amount of Partial Monthly Pension

 Where the amount of a partial monthly pension referred to in subsection 3(3) of the Act, as increased under subsection 7.1(2) of the Act if applicable, contains a fraction of a dollar that is represented by three or more digits,

  • (a) if the third digit is less than 5, the third and subsequent digits shall be dropped; and

  • (b) if the third digit is 5 or greater than 5, the second digit shall be increased by 1 and the third and subsequent digits shall be dropped.

  • SOR/90-813, s. 4
  • SOR/2013-23, s. 3

Manner of Quarterly Adjustment of Benefit

  •  (1) Where the amount of a full monthly pension or supplement is adjusted quarterly pursuant to subsection 7(2) or 12(2) of the Act,

    • (a) there shall be an adjustment to the nearest cent, in accordance with subsection (2), of the product obtained

      • (i) by multiplying the amount referred to in paragraph 7(2)(a) of the Act by the ratio referred to in paragraph 7(2)(b) of the Act, or

      • (ii) by multiplying the amount referred to in paragraph 12(2)(a) of the Act by the ratio referred to in paragraph 12(2)(b) of the Act; and

    • (b) the ratios referred to in paragraph (a) shall be expressed as decimal fractions in accordance with subsection (3).

  • (2) Where the product referred to in subparagraph (1)(a)(i), as increased under subsection 7.1(1) of the Act if applicable, or the product referred to in subparagraph (1)(a)(ii), contains a fraction of a dollar that is represented by three or more digits,

    • (a) if the third digit is less than 5, the third and subsequent digits shall be dropped; and,

    • (b) if the third digit is 5 or greater than 5, the second digit shall be increased by 1 and the third and subsequent digits shall be dropped.

  • (3) Where the ratios referred to in paragraph (1)(a) contain a fraction that is less than 1, that fraction shall be expressed as a decimal fraction of four digits after the decimal point, and

    • (a) where the fourth digit after the decimal point is less than 5, the fourth digit after the decimal point shall be dropped; and

    • (b) where the fourth digit after the decimal point is 5 or greater than 5, the third digit after the decimal point shall be increased by 1 and the fourth digit after the decimal point shall be dropped.

  • SOR/90-813, s. 5
  • SOR/2013-23, s. 4

Determination of Average Consumer Price Index for Period of Months

  •  (1) The average of the Consumer Price Index for Canada for a period of months shall be determined by dividing the aggregate of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that period by the number of months in that period.

  • (2) Where the quotient obtained pursuant to subsection (1) contains a fraction that is less than 1, such fraction shall be expressed as a decimal fraction of two digits after the decimal point and

    • (a) the second digit after the decimal point shall be dropped if that digit is less than 5; or

    • (b) the first digit after the decimal point shall be increased by one and the second digit shall be dropped if the second digit is 5 or greater than 5.

Approval of Application for a Supplement

 Where the Minister is satisfied that a pensioner is eligible for a supplement under section 11 of the Act, the Minister shall approve an application for a supplement by that pensioner in accordance with that section.

  • SOR/90-813, s. 6
  • SOR/96-521, s. 5

 If the Minister waives the requirement for an application for a supplement in respect of a person under subsection 11(3.1) of the Act, the Minister’s approval is effective as of the day on which the person attains the age of 65.

  • SOR/2017-225, s. 2

Approval of Application for an Allowance

[
  • SOR/2000-412, s. 2(E)
]

 The Minister shall approve an application for an allowance for the spouse or common-law partner of a pensioner or for a survivor where the spouse, common-law partner or survivor is entitled to an allowance under section 19 or 21 of the Act.

  • SOR/81-285, s. 2
  • SOR/89-269, s. 3
  • SOR/96-521, s. 5
  • SOR/2000-412, s. 3
  •  (1) Subject to subsections (2) and (3), where the Minister approves an application for an allowance after the last day of the month in which the application was received, the Minister’s approval shall be effective as of the later of

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

    • (b) the day on which the spouse, common-law partner or survivor became entitled to an allowance under section 19 or 21 of the Act.

  • (2) Where the spouse or common-law partner of a pensioner attains the age of 60 years before the day on which the application for an allowance in respect of the spouse or common-law partner is received, the approval of the application by the Minister shall be effective as of the latest of

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

    • (b) the day on which the spouse or common-law partner attained the age of 60 years, and

    • (c) the day on which the spouse or common-law partner became entitled to an allowance under section 19 of the Act.

  • (3) Where a survivor is entitled to an allowance under section 21 of the Act before the day on which an application in respect of the survivor is received, the approval of the application by the Minister shall be effective as of the later of

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

    • (b) the day on which the survivor became entitled to an allowance under section 21 of the Act.

  • SOR/81-285, s. 3
  • SOR/89-269, s. 4
  • SOR/90-813, s. 7
  • SOR/96-521, s. 5
  • SOR/2000-412, s. 4

Month in which Loss of Income Occurs

 For the purposes of section 14 of the Act,

  • (a) the month in which an applicant or an applicant’s spouse or common-law partner

    • (i) ceases to hold an office or employment shall be the month in which the last day in respect of which he receives income from that office or employment falls, or

    • (ii) ceases to carry on a business shall be the month in which the last day on which he actively carries on that business falls; and

  • (b) the month in which an applicant or an applicant’s spouse or common-law partner suffers a loss of income due to termination or reduction of pension income shall be the month in which that termination or reduction actually occurs.

  • SOR/84-656, s. 2
  • SOR/90-813, s. 8
  • SOR/96-521, s. 29(F)
  • SOR/2000-412, s. 5

Definition of Pension Income

 For the purposes of section 14 of the Act, pension income means the aggregate of amounts received as

  • (a) annuity payments;

  • (b) alimony and maintenance payments;

  • (c) employment insurance benefits;

  • (d) disability benefits deriving from a private insurance plan;

  • (e) any benefit, other than a death benefit, under the Canada Pension Plan or a provincial pension plan as defined in the Canada Pension Plan;

  • (f) superannuation or pension payments, other than a benefit received pursuant to the Act or any similar payment received pursuant to a law of a provincial legislature;

  • (g) compensation under a federal or provincial employee’s or worker’s compensation law in respect of an injury, disability or death;

  • (h) income assistance benefits under an agreement referred to in subsection 33(1) of the Department of Human Resources Development Act by reason of a permanent reduction in the work force as described in that subsection; and

  • (i) income assistance benefits under the Plant Workers’ Adjustment Program, the Fisheries Early Retirement Program or the Northern Cod Adjustment and Recovery Program by reason of a permanent reduction in the work force.

  • SOR/84-656, s. 3
  • SOR/86-956, s. 1(E)
  • SOR/90-813, s. 9
  • SOR/2001-148, s. 1
 

Date modified: