27. Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index with respect to any adjustment quarter that is used for the purpose of calculating the amount of any benefit that may be paid under this Act.

R.S., c. O-6, s. 17; R.S., c. 21(2nd Supp.), s. 7; 1972, c. 10, s. 6; 1973-74, c. 35, s. 4.

27.1 (1) A person who is dissatisfied with a decision or determination made under this Act that no benefit may be paid to that person, or respecting the amount of any benefit that may be paid to that person, may, within ninety days after the day on which the person is notified in the prescribed manner of the decision or determination, or within such longer period as the Minister may either before or after the expiration of those ninety days allow, make a request to the Minister in the prescribed form and manner for a reconsideration of that decision or determination.

(2) The Minister shall, without delay after receiving a request referred to in subsection (1), reconsider the decision or determination, as the case may be, and may confirm or vary it and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable and shall without delay notify the person who made the request in writing of the Minister’s decision and of the reasons for the decision.

1995, c. 33, s. 16.

28. (1) A person who makes a request under subsection 27.1(1) and who is dissatisfied with the decision of the Minister in respect of the request, or, subject to the regulations, any person on their behalf, may appeal the decision to a Review Tribunal under subsection 82(1) of the Canada Pension Plan.

(2) Where, on an appeal to a Review Tribunal, it is a ground of the appeal that the decision made by the Minister as to the income or income from a particular source or sources of an applicant or beneficiary or of the spouse or common-law partner of the applicant or beneficiary was incorrectly made, the appeal on that ground shall, in accordance with the regulations, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Review Tribunal, is final and binding for all purposes of the appeal to the Review Tribunal except in accordance with the Federal Courts Act.

(3) Where a decision is made by a Review Tribunal in respect of a benefit, the Minister may stay payment of the benefit until the later of

(a) the expiration of the period allowed for making an application under the Federal Courts Act for judicial review of the decision, and

(b) where Her Majesty has made an application under the Federal Courts Act for judicial review of the decision, the month in which all proceedings in relation to the judicial review have been completed.

R.S., 1985, c. O-9, s. 28; R.S., 1985, c. 34 (1st Supp.), s. 7, c. 51 (4th Supp.), s. 15; 1995, c. 33, s. 16; 2000, c. 12, s. 207; 2002, c. 8, s. 182.

28.1 (1) Where an application for a benefit is made on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that the person was incapable of forming or expressing an intention to make an application on the person’s own behalf on the day on which the application was actually made, the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later.

(2) Where an application for a benefit is made by or on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that

(a) the person was incapable of forming or expressing an intention to make an application before the day on which the application was actually made,

(b) the person had ceased to be so incapable before that day, and

(c) the application was made

(i) within the period beginning on the day on which that person had ceased to be incapable and comprising the same number of days, not exceeding twelve months, as in the period of incapacity, or

(ii) where the period referred to in subparagraph (i) comprises fewer than thirty days, not more than one month after the month in which that person ceased to be so incapable,

the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later.

(3) For the purposes of subsections (1) and (2), a period of incapacity must be a continuous period, except as otherwise prescribed.

(4) This section applies only to persons who were incapacitated on or after January 1, 1995.

1995, c. 33, s. 17.

29. (1) Notwithstanding anything in this Act but subject to subsection (4), an application for a benefit that would have been payable to a deceased person who, prior to his death, would have been entitled, on approval of an application, to payment of that benefit under this Act may be made within one year after the person’s death by the estate, the representative or heir of that person or by such person as may be prescribed by regulation.

(2) Where an application is made pursuant to subsection (1), a benefit that would have been payable to a deceased person referred to in that subsection shall be paid to the estate or to such person as may be prescribed by regulation.

(3) Any application made pursuant to subsection (1) is deemed to have been received on the date of the death of a person who, prior to his death, would have been entitled, on approval of an application, to payment of a benefit under this Act.

(4) A supplement may not be paid pursuant to this section in respect of any month before June 1984.

1984, c. 27, s. 8.

30. (1) Notwithstanding paragraph 19(6)(b) but subject to subsection (3), where a person dies, either before or after the beginning of September, 1985, and the person’s survivor would have been entitled to an allowance under section 19 had the survivor and the deceased person made joint application therefor before the death of the deceased person, the survivor may make application for an allowance under section 19 within one year after the death of the deceased person.

(2) An application referred to in subsection (1) shall be considered and dealt with as though it had been a joint application of the survivor and the deceased person and had been received on the date of the death of the deceased person.

(3) An allowance may not be paid pursuant to this section in respect of any month before June, 1984.

R.S., 1985, c. O-9, s. 30; R.S., 1985, c. 34 (1st Supp.), s. 8; 2000, c. 12, ss. 202, 209(E).

31. (1) Where an applicant or beneficiary has disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the applicant or beneficiary is dead, the Minister may issue a certificate declaring that the applicant or beneficiary is presumed to be dead and stating the date on which the death is presumed to have occurred, and thereupon the applicant or beneficiary shall be deemed for all purposes of this Act to have died on the date so stated in the certificate.

(2) If, after issuing a certificate under subsection (1), the Minister is satisfied from new information or evidence that the date of death is different from that stated in the certificate, the Minister may revoke the certificate and issue a new certificate stating a different date, in which case the applicant or beneficiary shall be deemed for all purposes of this Act to have died on the date so stated in the new certificate.

(3) If, after issuing a certificate under this section, the Minister is satisfied from new information or evidence that the applicant or beneficiary named in the certificate is alive, the Minister shall forthwith revoke the certificate and cause that person’s benefits to be re-instated effective the month following the date of the person’s presumed death stated in the certificate, subject to the provisions of this Act relating to the person’s eligibility to receive those benefits.

(4) For the purposes of this section, the Minister is not bound by the issuance or revocation of a death certificate by any other authority.

1984, c. 27, s. 8.

32. Where the Minister is satisfied that, as a result of erroneous advice or administrative error in the administration of this Act, any person has been denied a benefit, or a portion of a benefit, to which that person would have been entitled under this Act, the Minister shall take such remedial action as the Minister considers appropriate to place the person in the position that the person would be in under this Act had the erroneous advice not been given or the administrative error not been made.

R.S., 1985, c. O-9, s. 32; 1995, c. 33, s. 18.

33. (1) The following definitions apply in this section and sections 33.01 to 33.11 and 39.

“administration” includes the development, operation, evaluation and enforcement of policies and programs.

“federal institution” means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act.

“public officer” means an officer or employee of a federal institution, or a prescribed individual or a member of a prescribed class of individuals.

(2) The definition of a word or expression in subsection (1) does not affect its interpretation in any other provision of this Act.

(3) This section and sections 33.01 to 33.09 set out the rules that apply to the protection and the making available of information with respect to an individual that was obtained under this Act or prepared under this Act from that information.

R.S., 1985, c. O-9, s. 33; 1991, c. 44, s. 32; 1992, c. 24, s. 17, c. 48, s. 29; 1995, c. 33, s. 20; 1996, c. 11, ss. 76, 97, 101, c. 16, s. 61, c. 18, ss. 55, 58, c. 21, s. 74; 1997, c. 40, s. 102; 2003, c. 22, s. 178.

33.01 (1) Information with respect to an individual is privileged and shall not be made available except in accordance with this Act.

(2) In addition to an individual’s right of access under section 12 of the Privacy Act, information with respect to an individual may, on request in writing to the Minister by the individual or their representative, be made available to that individual or representative or, on the conditions that may be prescribed, to any person or body named in the request.

(3) Information may be made available to an individual or their representative, or to a member of Parliament inquiring on behalf of an individual, if the information is relevant to the making of an application or election, or the receipt of a benefit, by the individual under this Act.

(4) Information may be made available for the purpose of civil or criminal proceedings relating to the administration of this Act, including appeals under this Act.

1997, c. 40, s. 102.

33.02 Information may be made available to the Minister or a public officer of the Department of Human Resources Development or a commissioner of the Canada Employment Insurance Commission for the purpose of the administration of a federal or provincial law or activity.

1997, c. 40, s. 102.

33.03 (1) Information may be made available to a minister or a public officer, other than a public officer of the Department of Human Resources Development, for the purpose of the administration of this Act.

(2) Information may be made available to the minister responsible for, and to any public officer of,

(a) the Canada Customs and Revenue Agency, if the information is necessary for the purpose of the administration of the Income Tax Act;

(b) the Department of Veterans Affairs, if the information is necessary for the purpose of the administration of any Act of Parliament that is administered by the Minister of Veterans Affairs; and

(c) the Correctional Service of Canada, if the information is necessary for the purpose of the administration of the Corrections and Conditional Release Act.

(3) Information obtained under this section shall not be made available to any other person or body unless the information is made available only for the same purpose and on any conditions that the Minister may set out.

1997, c. 40, s. 102; 1999, c. 17, s. 171; 2000, c. 34, s. 94(F).

33.04 (1) Information may be made available to the Commissioner of the Royal Canadian Mounted Police and the Minister of Justice and Attorney General of Canada for the purpose of investigations, prosecutions and extradition activities in Canada in relation to war crimes and crimes against humanity.

(2) Information obtained under subsection (1) shall not be made available to any other person or body unless the information is made available for the same purpose.

1997, c. 40, s. 102.

33.05 (1) Information may be made available to the government of a province, or to a public body created under the law of a province, for the purpose of the administration of a federal law or activity or a provincial law if the Minister considers it advisable and the information is made available on the conditions set out in an agreement between the Minister and the government or body.

(2) Information obtained by a government or public body under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable and the information is made available only for the same purpose and on the conditions set out in an agreement between the Minister and the government or public body.

1997, c. 40, s. 102.

33.06 (1) Information may be made available to any person or body to whom any of sections 33.01 to 33.05 do not apply, for the purpose of the administration of a federal law or activity or a provincial law, if the Minister considers it advisable and the information is made available on the conditions set out in an agreement between the Minister and the person or body.

(2) Information obtained by a person or body under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable and the information is made available only for the same purpose and on the conditions set out in an agreement between the Minister and the person or body that obtained the information.

(3) Subsection (1) does not apply to a federal institution not mentioned in section 33.03.

1997, c. 40, s. 102.

33.07 (1) Despite sections 33.01 to 33.06, information may be made available if, in the Minister’s opinion, the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure or that permitting the information to be made available would clearly benefit the individual to whom the information relates.

(2) The Minister shall, in writing, notify the Privacy Commissioner appointed under section 53 of the Privacy Act of any disclosure of personal information under subsection (1) before the disclosure if reasonably practicable or, in any other case, without delay on the disclosure, and the Privacy Commissioner may, if the Commissioner deems it appropriate, notify the individual to whom the information relates of the disclosure.

1997, c. 40, s. 102.

33.08 Despite any other Act or law, no public officer shall be required, in connection with any legal proceedings, to give evidence relating to information that is privileged under subsection 33.01(1) or to produce a statement or other writing that contains any such privileged information unless the Minister considers that it is appropriate to do so.

1997, c. 40, s. 102.

33.09 (1) Every person or body commits an offence who knowingly makes available information that is privileged under this Act, or who knowingly uses or allows such information to be used, otherwise than in accordance with this Act, any condition referred to in section 33.01, 33.03, 33.05 or 33.06 or an agreement referred to in section 33.05, 33.06 or 39.

(2) An individual who contravenes subsection (1) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

(3) A body or a person, other than an individual, who contravenes subsection (1) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000.

1997, c. 40, s. 102.

33.1 The Minister may enter into agreements with federal institutions, governments of provinces or public bodies created under provincial law and other persons or bodies to obtain information for the purposes of the administration of this Act.

1997, c. 40, s. 102.

33.11 Despite any other Act or law,

(a) the Minister of National Revenue or any person designated by that Minister for the purpose may, for any purpose relating to the administration of this Act, make available to the Minister, or to a public officer of the Department of Human Resources Development designated by the Minister for the purpose, a report providing information available to the Minister of National Revenue with respect to any applicant or beneficiary or the spouse or common-law partner of any applicant or beneficiary;

(b) the Minister of Citizenship and Immigration and officers and employees of the Department of Citizenship and Immigration may make available to the Minister or a public officer of the Department of Human Resources Development any information that was obtained in the administration of the Immigration and Refugee Protection Act that relates to an applicant, a beneficiary or a spouse or common-law partner of an applicant or beneficiary, if the information is necessary for the administration of this Act; and

(c) if Social Insurance Numbers have been assigned under the authority of any other Act, the minister or other authority charged with the administration of that Act and the Minister may exchange any information contained in applications for those numbers and any numbers so assigned, and may make available any such information or numbers in any manner that may be authorized by that Act.

1997, c. 40, s. 102; 2000, c. 12, s. 207; 2001, c. 27, s. 267.

34. The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without restricting the generality of the foregoing, may make regulations

(a) prescribing the manner of making any application, statement or notification required or permitted by this Act, the information and evidence to be made available or allowed to be made available in connection therewith and the procedure to be followed in dealing with and approving applications;

(b) prescribing the manner in which the average of the Consumer Price Index for any period of months shall be determined and the manner in which any such average that is determined to be a fraction of a whole number shall be expressed;

(c) defining the expression “pension income” for the purposes of section 14;

(d) for determining, for the purposes of any provision of section 14, the month in which or the month immediately before the month in which an applicant or an applicant’s spouse or common-law partner ceased to hold an office or employment, ceased to carry on a business or suffered a loss of income due to termination or reduction of pension income;

(e) prescribing the circumstances that shall be deemed to constitute, or prescribing what shall be or shall be deemed to be, an application by or on behalf of persons who are qualified for a pension under this Act and who, on or before December 31, 1951, applied for or were granted a pension as defined in the Old Age Pensions Act, chapter 156 of the Revised Statutes of Canada, 1927, and prescribing the time at which such applications shall be deemed to have been made or approved;

(f) prescribing the information and evidence to be made available or allowed to be made available by beneficiaries and the circumstances and form in which the information or evidence shall be submitted;

(g) providing for the assignment of Social Insurance Numbers by the Minister to applicants and beneficiaries, and to the spouses or common-law partners of applicants and beneficiaries, to whom such numbers have not earlier been assigned;

(h) defining residence and presence in Canada and defining intervals of absence from Canada that shall be deemed not to have interrupted residence or presence in Canada;

(i) providing, in the case of an allowance the amount of which is less than such amount not exceeding two dollars as may be prescribed in the regulations, for the payment of the allowance to the beneficiary at such intervals less frequently than monthly as may be prescribed in the regulations, or for the payment monthly of the prescribed amount to the beneficiary;

(j) providing for the suspension of payment of a benefit during an investigation into the eligibility of the beneficiary and the reinstatement or resumption of the payment thereof;

(k) prescribing the circumstances in which the spouse or common-law partner of a pensioner shall be deemed to be separated from the pensioner for the purposes of paragraph 19(1)(a) and subsection 19(5);

(l) prescribing the circumstances in which a pensioner shall be deemed to be separated from the pensioner’s spouse for the purposes of subsections 15(4.1) and (6.1);

(m) prescribing the manner in which any amount required by this Act to be deducted and retained out of any benefit payment shall be so deducted and retained;

(n) prescribing the procedure to be followed on any reference under subsection 28(2);

(o) providing for the making of any application, statement or election, or the doing of any other act or thing required or permitted by this Act, by any person or agency, and for the payment of a benefit to any person or agency, on behalf of any other person or beneficiary where it is established in such manner and by such evidence as may be prescribed by the regulations that the other person or beneficiary is by reason of infirmity, illness, insanity or other cause incapable of managing his own affairs, and prescribing the manner in which any benefit authorized to be paid to any such person or agency shall be administered and expended for the benefit of the other person or beneficiary and accounted for;

(p) providing events for the purposes of subsections 11(8), 19(6.2) and 21(9.1); and

(q) prescribing anything that must or may be prescribed by regulations made under this Act.

R.S., 1985, c. O-9, s. 34; R.S., 1985, c. 34 (1st Supp.), s. 9, c. 1 (4th Supp.), s. 28; 1995, c. 33, s. 21; 1996, c. 18, s. 56; 1998, c. 21, s. 117; 2000, c. 12, ss. 204, 207, 209(E).

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.

R.S., c. 21(2nd Supp.), s. 9.

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.

1997, c. 40, s. 103.

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.

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

(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.

(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.

R.S., 1985, c. O-9, s. 36; 1995, c. 33, s. 22; 1997, c. 40, s. 104; 2000, c. 34, s. 94(F).

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.

(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 manner provided by this Act.

(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.

(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.

(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.

(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.

(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.

(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.

(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 under subsection (1) or section 44.1, 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.

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

(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]

(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.

R.S., 1985, c. O-9, s. 37; 1991, c. 44, s. 33; 1995, c. 33, s. 23; 1997, c. 40, s. 105; 2001, c. 4, s. 111.

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.

(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.

R.S., 1985, c. O-9, s. 38; 1995, c. 33, s. 24; 2003, c. 22, s. 179.

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.

(2) It shall be a term of any agreement referred to in subsection (1) that the government of the province that is a party thereto shall reimburse the Minister quarterly for the expenses incurred by the Minister under that agreement.

R.S., 1985, c. O-9, s. 39; 2000, c. 12, s. 205.

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.

(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.

1976-77, c. 9, s. 13; 1984, c. 27, s. 11.

41. (1) The Governor in Council may, by order, declare any agreement entered into under section 40 to be in force and, when any such order comes into force, the agreement to which it relates has the force of law in Canada during such period as by the terms of the agreement it remains in force.

(2) Notice of the day an agreement entered into under section 40 comes into force and of the day it ceases to be in force shall be given by proclamation of the Governor in Council published, with the text of the agreement, in the Canada Gazette.

1976-77, c. 9, s. 13.

42. (1) An order under section 41 shall be laid before Parliament not later than fifteen days after its issue or, if Parliament is not then sitting, within the first fifteen days next thereafter that either House of Parliament is sitting.

(2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day after the order has been laid before Parliament a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.

(3) Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection (2) with respect to a particular order referred to in subsection (1), that House shall, not later than the sixth sitting day of that House following the filing of the motion, in accordance with the rules of that House, unless a motion to the like effect has earlier been taken up and considered in the other House, take up and consider the motion.

(4) A motion taken up and considered in accordance with subsection (3) shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth such hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith put, without further debate or amendment, every question necessary for the disposal of the motion.

(5) If a motion taken up and considered in accordance with subsection (3) is adopted, with or without amendments, a message shall be sent from the House adopting the motion informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

(6) Within the first fifteen days next after receipt by it of a request pursuant to subsection (5) that the House receiving the request is sitting, that House shall, in accordance with the rules thereof, take up and consider the motion that is the subject of the request and all questions in connection therewith shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth such hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith put, without further debate or amendment, every question necessary to determine whether or not the motion in question is concurred in.

(7) Where a motion taken up and considered in accordance with this section is adopted by the House in which it was introduced and is concurred in by the other House, the particular order to which the motion relates shall stand revoked but without prejudice to the making of a further order of a like nature to implement a subsequent agreement between the Government of Canada and the government of the country that was a party to the agreement to which the order related.

(8) Where a motion taken up and considered in accordance with this section is not adopted by the House in which it was introduced or is adopted, with or without amendments, by that House but is not concurred in by the other House, the particular order to which the motion relates comes into force immediately on the failure to adopt the motion or concur therein, as the case may be.

(9) For the purposes of subsection (2), a day on which either House of Parliament sits shall be deemed to be a sitting day.

1976-77, c. 9, s. 13.

43. When each House of Parliament enacts rules whereby any regulation made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act may be made the subject of a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses, section 42 of this Act is thereupon repealed and an order made thereafter under section 41 is an order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act.

1976-77, c. 9, s. 13.