19. (1) Subject to this Act and the regulations, an allowance may be paid to the spouse, common-law partner or former common-law partner of a pensioner for a month in a payment period if the spouse, common-law partner or former common-law partner, as the case may be,

(a) in the case of a spouse, is not separated from the pensioner, or has separated from the pensioner where the separation commenced after June 30, 1999 and not more than three months before the month in the payment period;

(a.1) in the case of a former common-law partner, has separated from the pensioner where the separation commenced after June 30, 1999 and not more than three months before the month in the payment period;

(b) in the case of a spouse, common-law partner or former common-law partner, has attained sixty years of age but has not attained sixty-five years of age; and

(c) in the case of a spouse, common-law partner or former common-law partner, has resided in Canada after attaining eighteen years of age and prior to the day on which their application is approved for an aggregate period of at least ten years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which their application is approved.

(2) A person is eligible for an allowance under this section only if

(a) on the day preceding the day on which that person’s application for an allowance 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.

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

(4) Subject to subsection (4.1), no allowance may be paid under this section to the spouse or common-law partner of a pensioner 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.

(4.1) Where an allowance may be paid to the spouse or common-law partner of a pensioner for the last month in a payment period, the Minister may waive the requirement for an application referred to in subsection (4) for any month or months in the following payment period.

(4.2) Where the requirement for an application for any month or months in a payment period has been waived under subsection (4.1) and an application is required for payment of an allowance for any subsequent month or months in that payment period, the Minister shall, not later than fifteen days before that subsequent month or the first of those subsequent months, notify the spouse or common-law partner in writing that an application is required.

(4.3) Notwithstanding that the requirement for an application for any month or months has been waived under subsection (4.1), the Minister may require that an application referred to in subsection (4) be made for payment of an allowance for that month or for any of those months, and in such a case, the Minister shall, not later than fifteen days before that month or the first of those months, notify the spouse or common-law partner in writing that an application is required.

(5) An allowance under this section ceases to be payable on the expiration of the month in which the spouse, common-law partner or former common-law partner in respect of whom it is paid dies, becomes the spouse or common-law partner of another person, or no longer meets the conditions set out in subsection (1).

*(6) No allowance may be paid under this section to the spouse or common-law partner of a pensioner pursuant to an application therefor for

(a) any month more than eleven months before the month in which the application is received;

(b) any month for which no supplement may be paid to the pensioner;

(c) any month throughout which the spouse or common-law partner is absent from Canada, having left Canada either before or after becoming entitled to an allowance under this Part and having remained outside Canada before that month for six consecutive months, exclusive of the month in which he left Canada;

(d) any month during which the spouse or common-law partner is

(i) a specially qualified individual, and

(ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act; or

(e) in the case of a common-law partner who was not a spouse immediately before the coming into force of this paragraph (“spouse” having in this paragraph the meaning that it had immediately before that coming into force), notwithstanding subsection 23(2), any month before the month in which this paragraph comes into force.

* [Note: Paragraph 19(6)(e) in force July 31, 2000, see SI/2000-76.]

(6.1) Paragraph (6)(b) does not apply to a spouse or common-law partner of a pensioner in respect of a month where a supplement would be payable to the pensioner for that month if the special qualifying factor of that pensioner for that month were equal to one.

(6.2) Paragraph (6)(d) does not apply to a spouse or common-law partner where an event as provided by the regulations has occurred.

(7) The amount of the allowance that may be paid under this section to the spouse or common-law partner of a pensioner shall be determined in accordance with subsection 22(3).

R.S., 1985, c. O-9, s. 19; R.S., 1985, c. 34 (1st Supp.), s. 2; 1995, c. 33, s. 10; 1996, c. 18, s. 53; 1998, c. 21, ss. 114, 119; 2000, c. 12, ss. 196, 207, 209(E); 2001, c. 27, s. 265.

20. Payment of an allowance under section 19 or 21 may be suspended if the beneficiary fails to comply with any of the provisions of this Act or the regulations, but payment may be resumed when the beneficiary complies with those provisions.

R.S., 1985, c. O-9, s. 20; R.S., 1985, c. 34 (1st Supp.), s. 3; 2000, c. 12, s. 209(E).

21. (1) Subject to this Act and the regulations, for each month in any payment period, an allowance may be paid to a survivor who

(a) has attained sixty years of age but has not 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 their application is approved for an aggregate period of at least ten years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which their application is approved.

(2) A survivor is eligible for an allowance under this section only if

(a) on the day preceding the day on which their application for an allowance is approved they are a Canadian citizen or, if not, are legally resident in Canada; or

(b) on the day preceding the day they ceased to reside in Canada they were a Canadian citizen or, if not, were legally resident in Canada.

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

(4) Subject to subsections (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.

(5) Where the spouses or the common-law partners had, before the death of the pensioner, made a joint application for the allowance under section 19 for months in the payment period of the pensioner’s death or the following payment period, no application is required to be made by the pensioner’s survivor under subsection (4) in respect of the payment of an allowance under this section for months in the payment period in respect of which the joint application was made.

(5.1) Where an allowance may be paid for the last month in a payment period to a survivor, the Minister may waive the requirement for an application for payment of an allowance for any month or months in the following payment period.

(5.2) Where the requirement for an application for payment of an allowance for any month or months in a payment period has been waived under subsection (5.1) and an application is required for payment of an allowance for any subsequent month or months in that payment period, the Minister shall, not later than fifteen days before that subsequent month or the first of those subsequent months, notify the survivor in writing that an application is required.

(5.3) Notwithstanding that the requirement for an application for payment of an allowance for any month or months has been waived under subsection (5.1), the Minister may require that the survivor make such an application for that month or for any of those months, and in such a case, the Minister shall, not later than fifteen days before that month or the first of those months, notify the survivor in writing that an application is required.

(6) An allowance may be paid under this section commencing with the month following the month in which the applicant becomes a survivor or attains sixty years of age, whichever is later.

(7) Notwithstanding subsections (6) and 23(2), no allowance may be paid under this section for any month prior to September, 1985.

*(7.1) In the case of a survivor who was not a widow immediately before the coming into force of this subsection (“widow” having in this subsection the meaning that it had immediately before that coming into force),

(a) no allowance may be paid under this section unless the survivor became a survivor on or after January 1, 1998; and

(b) no allowance may be paid under this section for any month before the month in which this subsection comes into force.

* [Note: Subsection 21(7.1) in force July 31, 2000, see SI/2000-76.]

(8) An allowance under this section ceases to be payable on the expiration of the month in which the survivor in respect of whom it is paid dies, attains sixty-five years of age or ceases to be a survivor.

(9) No allowance may be paid under this section to a survivor pursuant to an application therefor for

(a) any month more than eleven months before the month in which the application is received;

(b) any month throughout which the survivor is absent from Canada, having absented themself from Canada either before or after becoming entitled to an allowance under this Part and having remained out of Canada before that month for six consecutive months, exclusive of the month in which they left Canada; or

(c) any month during which the survivor is

(i) a specially qualified individual, and

(ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act in respect of whom an undertaking by a sponsor is in effect as provided in that Act and regulations under that Act.

(9.1) Paragraph (9)(c) does not apply to a survivor where an event as provided by the regulations has occurred.

(10) The amount of the allowance that may be paid under this section to a survivor shall be determined in accordance with subsection 22(4).

(11) Where subsection (5) applies, subsection (10) also applies in respect of months in the payment period in respect of which the joint application was made and that are after the pensioner’s death.

(12) A person’s eligibility for an allowance under this section in respect of a deceased spouse or common-law partner is not affected by the eligibility of another person for an allowance under this section in respect of that deceased spouse or common-law partner.

R.S., 1985, c. O-9, s. 21; R.S., 1985, c. 34 (1st Supp.), s. 4; 1995, c. 33, s. 11; 1998, c. 21, ss. 115, 119; 2000, c. 12, ss. 197, 207, 208, 209(E); 2001, c. 27, s. 266.

22. (1) In this section,

“base calendar year” has the same meaning as in section 10;

“current fiscal year”[Repealed, 1998, c. 21, s. 116]

“current payment period” means the payment period in respect of which an application for an allowance is made under this Part;

“income”, for the purposes of determining the amount of benefits under this Part that may be paid for a month before July 1, 1999, means the income calculated as prescribed by section 13;

“monthly income” of a survivor in a current payment period is the amount that equals one-twelfth of their income for the base calendar year;

“monthly joint income” of a pensioner and the pensioner’s spouse or common-law partner in a current payment period is the amount that equals one-twelfth of the total incomes of the pensioner and the spouse or common-law partner for the base calendar year;

“pension equivalent” means, in respect of any month in a payment quarter, the amount of the full monthly pension payable for that month under section 7;

“residual income of the survivor” for a month in a current payment period means the amount determined by the formula

A - B

where

A is the monthly income of the survivor in the current payment period, and

B is the product

(a) obtained by multiplying four-thirds of the rounded pension equivalent by the survivor’s special qualifying factor for the month, and

(b) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars;

“residual joint income” of a pensioner and the pensioner’s spouse or common-law partner for a month in a current payment period means the amount determined by the formula

A - B

where

A is the monthly joint income of the pensioner and the pensioner’s spouse or common-law partner in the current payment period, and

B is the product

(a) obtained by multiplying four-thirds of the rounded pension equivalent by the spouse’s or common-law partner’s special qualifying factor for the month, and

(b) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars;

“rounded pension equivalent” means the pension equivalent rounded to the next higher multiple of three dollars when the pension equivalent is not a multiple of three dollars;

“rounded supplement equivalent” means the supplement equivalent rounded to the next higher multiple of one dollar when the supplement equivalent is not a multiple of one dollar;

“supplement equivalent” means, in respect of any month in a payment quarter, the amount of the supplement that would be payable for that month under subsection 12(1), (1.1), (1.2), (2), (3) or (4), as the case may be, to a pensioner whose spouse or common-law partner is also a pensioner when both the pensioner and the spouse or common-law partner have no income in the base calendar year and both are in receipt of a full pension;

“supplement equivalent for the survivor” means, in respect of any month in a payment quarter, the amount determined under subsection (4.1), (4.2), (4.3) or (4.4), as the case may be.

(2) Where, under this Part, an application has been made and approved or the requirement for an application has been waived in respect of the spouse or common-law partner of a pensioner for any month in a payment quarter, the amount of the supplement that may be paid for that month to the pensioner, in lieu of the amount of the supplement provided under Part II for that month, is the amount determined by the formula

[(A - B) × C] - D/4

where

A is the total of the supplement equivalent in respect of that month and the amount of the full monthly pension for that month;

B is the pensioner’s monthly pension for that month;

C is the pensioner’s special qualifying factor for that month; and

D is the residual joint income of the pensioner and the spouse or common-law partner for that month rounded, where that income is not a multiple of four dollars, to the next lower multiple of four dollars.

(3) The amount of the allowance that may be paid under section 19 for any month in a payment quarter to the spouse or common-law partner of a pensioner is

(a) where there is no monthly joint income of the pensioner and spouse or common-law partner in the current payment period, the total of

(i) the product obtained by multiplying the pension equivalent in respect of the month by the spouse’s or common-law partner’s special qualifying factor for the month, and

(ii) the product obtained by multiplying the supplement equivalent in respect of the month by the spouse’s or common-law partner’s special qualifying factor for the month;

(b) where the monthly joint income of the pensioner and spouse or common-law partner in the current payment period is equal to or less than the product

(i) obtained by multiplying four-thirds of the rounded pension equivalent in respect of the month by the spouse’s or common-law partner’s special qualifying factor for the month, and

(ii) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars,

the amount determined by the formula

(A × B) + C

where

A is the supplement equivalent in respect of the month,

B is the spouse’s or common-law partner’s special qualifying factor for the month, and

C is the greater of zero and the amount determined by the formula

(D × B) - 3/4 E

where

B is the spouse’s or common-law partner’s special qualifying factor for the month,

D is the pension equivalent in respect of the month, and

E is the monthly joint income of the pensioner and the spouse or common-law partner in the current payment period rounded, where that income is not a multiple of four dollars, to the next lower multiple of four dollars; and

(c) where the monthly joint income of the pensioner and spouse or common-law partner in the current payment period is more than the product

(i) obtained by multiplying four-thirds of the rounded pension equivalent in respect of the month by the spouse’s or common-law partner’s special qualifying factor for the month, and

(ii) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars,

the amount determined by the formula

(A × B) - C/4

where

A is the supplement equivalent in respect of the month,

B is the spouse’s or common-law partner’s special qualifying factor for the month, and

C is the residual joint income of the pensioner and spouse or common-law partner for that month rounded, where that income is not a multiple of four dollars, to the next lower multiple of four dollars.

(4) The amount of the allowance that may be paid under section 21 for any month in a payment quarter to a survivor is

(a) where there is no monthly income of the survivor in the current payment period, the total of

(i) the product obtained by multiplying the pension equivalent of the survivor in respect of the month by the survivor’s special qualifying factor for the month, and

(ii) the product obtained by multiplying the supplement equivalent for the survivor in respect of the month by the survivor’s special qualifying factor for the month;

(b) where the monthly income of the survivor in the current payment period is equal to or less than the product

(i) obtained by multiplying four-thirds of the rounded pension equivalent in respect of the month by the survivor’s special qualifying factor for the month, and

(ii) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars,

the amount determined by the formula

(A × B) + C

where

A is the supplement equivalent for the survivor in respect of the month,

B is the survivor’s special qualifying factor for the month, and

C is the greater of zero and the amount determined by the formula

(D × B) - 3/4 E

where

B is the survivor’s special qualifying factor for the month,

D is the pension equivalent in respect of the month, and

E is the monthly income of the survivor in the current payment period rounded, where that income is not a multiple of four dollars, to the next lower multiple of four dollars; and

(c) where the monthly income of the survivor in the current payment period is more than the product

(i) obtained by multiplying four-thirds of the rounded pension equivalent in respect of the month by the survivor’s special qualifying factor for the month, and

(ii) rounded, where that product is not a multiple of four dollars, to the next higher multiple of four dollars,

the amount determined by the formula

(A × B) - C/2

where

A is the supplement equivalent for the survivor in respect of the month,

B is the survivor’s special qualifying factor for the month, and

C is the residual income of the survivor in respect of the month rounded, where that residual income is not a multiple of two dollars, to the next lower multiple of two dollars.

(4.1) The amount of the supplement equivalent for the survivor is

(a) four hundred and fifty-four dollars and nine cents, for any month in the payment quarter commencing on April 1, 2005;

(b) the amount of the supplement equivalent for the survivor that would otherwise be payable plus eighteen dollars, for any month in the payment quarter commencing on January 1, 2006; and

(c) the amount of the supplement equivalent for the survivor that would otherwise be payable plus eighteen dollars, for any month in the payment quarter commencing on January 1, 2007.

(4.2) Subject to paragraphs (4.1)(b) and (c), the amount of the supplement equivalent for the survivor for any month in a payment quarter commencing after June 30, 2005 is the amount obtained by multiplying

(a) the amount of the supplement equivalent for the survivor for any 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.

(4.3) Despite subsection (4.2), the amount of the supplement equivalent for the survivor for any month in a payment quarter may not be less than the amount of the supplement equivalent for the survivor for any month in the three-month period immediately before that payment quarter.

(4.4) If, 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 adjustment of the supplement equivalent for the survivor is to be made under subsection (4.2) in respect of that payment quarter; and

(b) no adjustment of the supplement equivalent for the survivor is to be made under 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 is deemed to be the second adjustment quarter that relates to that subsequent payment quarter.

(5) Where the allowance payable to the spouse or common-law partner of a pensioner under this Part is suspended or terminated for any month, the pensioner may, notwithstanding subsection (2), be paid, for that month, the amount of supplement provided under Part II.

(6) Where, by reason of the amount of the monthly joint income, the aggregate of the amount of allowance payable to a pensioner’s spouse or common-law partner for a month and the amount of supplement payable to the pensioner for that month under this Part is less than the amount of supplement that would be payable to the pensioner under Part II, the pensioner may, notwithstanding subsection (2), be paid, for that month, the amount of supplement provided under Part II minus the amount, if any, of allowance payable to that pensioner’s spouse or common-law partner for that month.

(7) For the purposes of subsections (5) and (6), an application made and approved under this Part shall be deemed to have been made and approved under Part II.

R.S., 1985, c. O-9, s. 22; R.S., 1985, c. 34 (1st Supp.), s. 5; 1995, c. 33, s. 12; 1996, c. 18, s. 54; 1998, c. 21, ss. 116, 119; 1999, c. 22, s. 89; 2000, c. 12, ss. 198, 206 to 208, 209(E); 2005, c. 30, s. 137.

23. (1) Payment of an allowance to any person under this Part 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.

(1.1) Where the requirement for an application for payment of an allowance has been waived under this Part, the payment of the allowance shall not commence more than eleven months before the month in which the requirement for an application is waived.

(2) Notwithstanding subsection (1), where a person who has applied to receive an allowance attained the age of sixty 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 person attained the age of sixty years,

as may be prescribed by regulation.

R.S., 1985, c. O-9, s. 23; 1995, c. 33, s. 13; 2000, c. 12, ss. 199(E), 209(E).

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(4.1) or 21(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.

(2) Where particulars of the basis on which the amount of any allowance that may be paid in respect of an application was fixed by the Minister are requested by an applicant or where the Minister determines that no allowance may be paid in respect of the application, the Minister shall forthwith in writing notify the applicants or applicant of the basis on which that amount was fixed or of the decision that no allowance may be paid in respect of the application and the Minister’s reasons therefor, as the case may be.

R.S., 1985, c. O-9, s. 24; 1995, c. 33, s. 14; 2000, c. 12, s. 209(E).

25. Payment of an allowance for any month shall be made in arrears at the end of the month, except that where payment of an allowance in respect of any payment period is approved after the end of the month for which the first payment of the allowance may be made, payments thereof for the month in which payment of the allowance is approved and for months preceding that month may be made at the end of that month or at the end of the month next following that month.

R.S., 1985, c. O-9, s. 25; 1998, c. 21, s. 119(E); 2000, c. 12, s. 209(E).

26. (1) Sections 6, 14, 15 and 18 apply, with such modifications as the circumstances require, in respect of an allowance under this Part and in respect of any application or any waiver of the requirement for an application for an allowance.

(2) The provisions of subsection 11(2) and sections 16 to 18 apply, with such modifications as the circumstances require, in respect of the supplement payable to the pensioner pursuant to subsection 22(2).

R.S., 1985, c. O-9, s. 26; R.S., 1985, c. 34 (1st Supp.), s. 6; 1995, c. 33, s. 15; 2000, c. 12, s. 200.