CHAPTER O-9

An Act to provide for old age security

1. This Act may be cited as the Old Age Security Act.

R.S., c. O-6, s. 1.

2. In this Act,

“allowance” means the allowance authorized to be paid under Part III;

“applicant” means a person who has applied, or is deemed to have applied, for a benefit, or with respect to whom an application for a benefit has been waived;

“application” means an application for a benefit;

“beneficiary” means a person to whom payment of a benefit has been approved;

“benefit” means a pension, supplement or allowance;

“cheque” means any instrument issued in payment of a benefit;

“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited with the individual for a continuous period of at least one year. For greater certainty, in the case of an individual’s death, the “relevant time” means the time of the individual’s death.

“Consumer Price Index”, with respect to any adjustment quarter, means the average for that adjustment quarter of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that adjustment quarter;

“first adjustment quarter”, in relation to a payment quarter, means,

(a) if the payment quarter commences on the first day of April in a payment period, the period of three months commencing on the first day of November immediately before that first day of April,

(b) if the payment quarter commences on the first day of July in a payment period, the period of three months commencing on the first day of February immediately before that first day of July,

(c) if the payment quarter commences on the first day of October in a payment period, the period of three months commencing on the first day of May immediately before that first day of October, and

(d) if the payment quarter commences on the first day of January in a payment period, the period of three months commencing on the first day of August immediately before that first day of January;

“income” of a person for a calendar year means the person’s income for the year, computed in accordance with the Income Tax Act, except that

(a) there shall be deducted from the person’s income from office or employment for the year

(i) a single amount in respect of all offices and employments of that person equal to the lesser of five hundred dollars and one fifth of the person’s income from office or employment for the year,

(ii) the amount of employee’s premiums paid by the person during the year under the Employment Insurance Act, and

(iii) the amount of employee’s contributions made by the person during the year under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act,

(b) there shall be deducted from the person’s self-employment earnings for the year the amount of contributions made in respect of those self-employed earnings by the person during the year under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act,

(c) there shall be deducted from the person’s income for the year, to the extent that those amounts have been included in computing that income,

(i) the amount of any benefit under this Act and any similar payment under a law of a provincial legislature,

(ii) the amount of any death benefit under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act, and

(iii) the amount of any social assistance payment made on the basis of a means, a needs or an income test by a registered charity as defined in subsection 248(1) of the Income Tax Act or under a program provided for by an Act of Parliament or a provincial legislature that is neither a program prescribed under the Income Tax Act nor a program under which the amounts referred to in subparagraph (i) are paid, and

(d) there shall be deducted from the person’s income for the year three times the amount, if any, by which

(i) the total of any amounts that may be deducted under section 121 of the Income Tax Act in computing the person’s tax payable for the year

exceeds

(ii) the person’s “tax for the year otherwise payable under this Part” (within the meaning assigned by subsection 126(7) of the Income Tax Act for the purposes of paragraph 126(1)(b) of that Act) for the year;

“Minister” means the Minister of Human Resources Development;

“payment period”, in relation to a month, means

(a) the fiscal year that includes the month, where the month is before April, 1998,

(b) the period that begins on April 1, 1998 and ends on June 30, 1999, where that period includes the month, and

(c) the period after June 30, 1999 that begins on July 1 of one year and ends on June 30 of the next year, where that period includes the month;

“payment quarter” means a period of three months commencing on the first day of April, July, October or January in a payment period;

“pension” means a monthly pension authorized to be paid under Part I;

“pensioner” means a person whose application for a pension has been approved;

“prescribed” means prescribed by the regulations;

“Review Tribunal” means a Canada Pension Plan — Old Age Security Review Tribunal established under section 82 of the Canada Pension Plan;

“second adjustment quarter”, in relation to a payment quarter, means,

(a) if the payment quarter commences on the first day of April in a payment period, the period of three months commencing on the first day of August immediately before that first day of April,

(b) if the payment quarter commences on the first day of July in a payment period, the period of three months commencing on the first day of November immediately before that first day of July,

(c) if the payment quarter commences on the first day of October in a payment period, the period of three months commencing on the first day of February immediately before that first day of October, and

(d) if the payment quarter commences on the first day of January in a payment period, the period of three months commencing on the first day of May immediately before that first day of January;

“special qualifying factor” of a person for a month before April 1996 means one and for a month after March 1996 means

(a) one, where the person is not a specially qualified individual, and

(b) where the person is a specially qualified individual, the fraction of which

(i) the numerator is the aggregate period (expressed in the number of years and, where the number of years is not a whole number, rounded down to the next lower whole number) as of the last day of the immediately preceding month, during which the individual has resided in Canada after attaining eighteen years of age, and

(ii) the denominator is 10;

“specially qualified individual” means a person who has not resided in Canada after attaining eighteen years of age for an aggregate period of ten or more years other than such a person to whom a pension or allowance was payable

(a) for the month of March 1996 or an earlier month, or

(b) for the month of January 2001 or an earlier month, where, before March 7, 1996, the person was residing in Canada as a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

“spouse”[Repealed, 2000, c. 12, s. 192]

“spouse’s allowance”[Repealed, 2000, c. 12, s. 192]

“supplement” means a monthly guaranteed income supplement authorized to be paid under Part II;

“survivor” means a person whose spouse or common-law partner has died and who has not thereafter become the spouse or common-law partner of another person.

“widow”[Repealed, 2000, c. 12, s. 192]

R.S., 1985, c. O-9, s. 2; R.S., 1985, c. 34 (1st Supp.), s. 1; 1995, c. 33, s. 1; 1996, c. 11, s. 95, c. 18, s. 50; 1998, c. 21, ss. 105, 119(E); 1999, c. 22, s. 87; 2000, c. 12, ss. 192, 209(E); 2001, c. 27, s. 263.

3. (1) Subject to this Act and the regulations, a full monthly pension may be paid to

(a) every person who was a pensioner on July 1, 1977;

(b) every person who

(i) on July 1, 1977 was not a pensioner but had attained twenty-five years of age and resided in Canada or, if that person did not reside in Canada, had resided in Canada for any period after attaining eighteen years of age or possessed a valid immigration visa,

(ii) has attained sixty-five years of age, and

(iii) has resided in Canada for the ten years immediately preceding the day on which that person’s application is approved or, if that person has not so resided, has, after attaining eighteen years of age, been present in Canada prior to those ten years for an aggregate period at least equal to three times the aggregate periods of absence from Canada during those ten years, and has resided in Canada for at least one year immediately preceding the day on which that person’s application is approved; and

(c) every person who

(i) was not a pensioner on July 1, 1977,

(ii) has attained sixty-five years of age, and

(iii) has resided in Canada after attaining eighteen years of age and prior to the day on which that person’s application is approved for an aggregate period of at least forty years.

(2) Subject to this Act and the regulations, a partial monthly pension may be paid for any month in a payment quarter to every person who is not eligible for a full monthly pension under subsection (1) and

(a) has attained sixty-five years of age; and

(b) has resided in Canada after attaining eighteen years of age and prior to the day on which that person’s application is approved for an aggregate period of at least ten years but less than forty years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which that person’s application is approved.

(3) The amount of a partial monthly pension, for any month, shall bear the same relation to the full monthly pension for that month as the aggregate period that the applicant has resided in Canada after attaining eighteen years of age and prior to the day on which the application is approved, determined in accordance with subsection (4), bears to forty years.

(4) For the purpose of calculating the amount of a partial monthly pension under subsection (3), the aggregate period described in that subsection shall be rounded to the lower multiple of a year when it is not a multiple of a year.

(5) Once a person’s application for a partial monthly pension has been approved, the amount of monthly pension payable to that person under this Part may not be increased on the basis of subsequent periods of residence in Canada.

R.S., c. O-6, s. 3; R.S., c. 21(2nd Supp.), s. 1; 1972, c. 10, s. 2; 1976-77, c. 9, s. 1.

4. (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.

(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.

5. (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.

(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.

R.S., 1985, c. O-9, s. 5; 1995, c. 33, s. 2; 2000, c. 12, s. 209(E).

6. 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.

7. (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.

(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.

(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.

(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.

R.S., c. O-6, s. 4; R.S., c. 21(2nd Supp.), s. 2; 1972, c. 10, s. 3; 1973-74, c. 8, s. 1, c. 35, s. 2; 1974-75-76, c. 58, s. 2; 1976-77, c. 9, s. 2; 1980-81-82-83, c. 138, s. 1.

8. (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.

(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.

(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.

9. (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.

(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.

(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.

(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.

(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.

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

(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.

(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.