58. (1) Subject to this section, a survivor’s pension payable to the survivor of a contributor is a basic monthly amount as follows:

(a) in the case of a survivor who has not reached sixty-five years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, a basic monthly amount consisting of

(i) a flat rate benefit, calculated as provided in subsection (1.1), and

(ii) 37 1/2 per cent of the amount of the contributor’s retirement pension, calculated as provided in subsection (3),

reduced, unless the survivor was at the time of the death of the contributor a survivor with dependent children or unless he is disabled, by 1/120 for each month by which the age of the survivor at the time of the death of the contributor is less than forty-five years, and reduced, if at any time after the death of the contributor the survivor ceases to be

(iii) a survivor with dependent children and is not at that time disabled, or

(iv) disabled and is not at that time a survivor with dependent children,

by 1/120 for each month by which the age of the survivor at that time is less than forty-five years; and

(b) in the case of a survivor who has reached sixty-five years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, a basic monthly amount equal to sixty per cent of the amount of the contributor’s retirement pension, calculated as provided in subsection (3).

(1.1) The amount of the flat rate benefit referred to in subparagraph (1)(a)(i) is

(a) in the year 1986, ninety-one dollars and six cents; or

(b) in the year 1987 or any subsequent year, an amount calculated by multiplying

(i) the amount of the flat rate benefit that would have been payable for a month in the year preceding that year

by

(ii) the ratio that the Pension Index for the year in which the flat rate benefit commences to be payable bears to the Pension Index for the year preceding that year.

(2) Where a survivor’s pension under this Act and a retirement pension under this Act or under a provincial pension plan are payable to the survivor of a contributor, the basic monthly amount of the survivor’s pension payable to the survivor is

(a) in the case of a survivor who has not reached sixty-five years of age and whose retirement pension commences to be payable after December 31, 1997, the aggregate of

(i) a flat rate benefit, calculated as provided in subsection (1.1), and

(ii) the lesser of

(A) the amount determined by the formula

C - D

where

C is 37.5% of the amount of the contributor’s retirement pension calculated as provided in subsection (3), and

D is the lesser of

(I) 40% of C, and

(II) 40% of the survivor’s retirement pension, calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2), and

(B) an amount that, when added to the survivor’s retirement pension (calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2)), is equal to the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable;

(b) in the case of a survivor who has not reached sixty-five years of age and whose retirement pension commences to be payable before January 1, 1998, the aggregate of

(i) a flat rate benefit, calculated as provided in subsection (1.1), and

(ii) the lesser of

(A) 37.5% of the amount of the contributor’s retirement pension, calculated as provided in subsection (3), and

(B) an amount that, when added to the survivor’s retirement pension (calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2)), is equal to the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable; or

(c) in the case of a survivor who has reached sixty-five years of age and who was born after December 31, 1932 and whose retirement pension commences to be payable after December 31, 1997, the lesser of

(i) the amount determined by the formula

A - B

where

A is 60% of the amount of the contributor’s retirement pension calculated as provided in subsection (3), and

B is the lesser of

(I) 40% of A, and

(II) 40% of the survivor’s retirement pension, calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2), and

(ii) an amount that, when added to the survivor’s retirement pension (calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2)), is equal to the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable; or

(d) in any other case, the lesser of

(i) 60% of the amount of the contributor’s retirement pension, calculated as provided in subsection (3), and

(ii) an amount that, when added to the survivor’s retirement pension (calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2)), is equal to the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable.

(3) The amount of the contributor’s retirement pension to be used for the purposes of subsections (1) and (2) is an amount calculated as provided in paragraph 57(2)(a), (b) or (c), multiplied, for the purpose of calculating the monthly amount of the survivor’s pension for months commencing with the month in which

(a) a survivor’s pension became payable to the survivor by reason of a disability that began after the death of the contributor,

(b) the survivor reached sixty-five years of age, not having reached that age at the time of the death of the contributor,

(c) the survivor’s pension under this Act or the survivor’s retirement pension under this Act or a provincial pension plan commenced to be payable, whichever is the later,

(d) a survivor’s pension became payable to the survivor under this Act in circumstances other than those described in paragraph (a), (b) or (c), or

(e) the survivor has had an adjustment to the survivor’s retirement pension pursuant to subsection 55(7) or 55.2(9) following a division of unadjusted pensionable earnings,

by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died.

(4) For the purpose of calculating the monthly amount of a survivor’s pension under subsection (3) in a case where the survivor’s pension commences with a month in a year after 1973 and is in respect of a contributor who died prior to 1974, the ratio referred to in that subsection shall be calculated as if the Pension Index for the year in which the contributor died had not been subject to the limitation referred to in paragraph 43.1(2)(a) of the Canada Pension Plan, chapter C-5 of the Revised Statutes of Canada, 1970, of 1.02 times the Pension Index for the preceding year.

(5) For the purposes of subsection (2), the monthly amount of the retirement pension payable to the survivor of a contributor shall be calculated without regard to any provision of the provincial pension plan referred to in that subsection that reduces the pensions of contributors who have reached sixty-five years of age or precludes the payment of pensions to those contributors by reason of their employment earnings.

(6) Subject to subsection (6.1), where a survivor’s pension under this Act and a disability pension under this Act are payable to the survivor of a contributor and either the date of death of the contributor or the date on which the survivor is deemed to have become disabled for the purposes of this Act is after December 31, 1997, the amount of the disability pension is an amount that, when added to the amount of the survivor’s pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

(a) the greater of

(i) the flat rate benefit payable under subparagraph (1)(a)(i), and

(ii) the flat rate benefit payable under paragraph 56(1)(a), and

(b) the lesser of

(i) the aggregate of

(A) the greater of

(I) the amount payable under subparagraph (1)(a)(ii), and

(II) the amount payable under paragraph 56(1)(b), and

(B) 60% of the lesser of the amount described in subclause (A)(I) and the amount described in subclause (A)(II), and

(ii) 75% of the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.

(6.1) Where subsection (6) applies and the aggregate amount of the survivor’s pension and the disability pension are less than the amount of the disability pension that would be payable if the survivor’s pension were not payable, the amount of the disability pension is the amount that results when

(a) the amount of the survivor’s pension

is subtracted from

(b) the amount of the disability pension that would be payable if the survivor’s pension were not payable.

(6.2) Where a survivor’s pension under this Act and a disability pension under this Act are payable to the survivor of a contributor and subsection (6) does not apply, the amount of the disability pension is an amount that, when added to the amount of the survivor’s pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

(a) the greater of

(i) the flat rate benefit payable under subparagraph (1)(a)(i), and

(ii) the flat rate benefit payable under paragraph 56(1)(a), and

(b) the lesser of

(i) the aggregate of the amounts payable under subparagraph (1)(a)(ii) and paragraph 56(1)(b), and

(ii) the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.

(7) Notwithstanding subsection (6), the Minister may, in prescribed circumstances and on the written request of the applicant, if in the Minister’s opinion it would be to the applicant’s advantage, pay the applicant the full amount of the disability pension and calculate the amount of the applicant’s survivor’s pension in a manner similar to that set out in subsection (6) for the calculation of the disability pension, but in no case may the aggregate of the two pensions exceed what it would have been had subsection (6) applied.

(8) Except where otherwise provided by an agreement under section 80, where a survivor’s pension under this Act and a disability pension under a provincial pension plan are payable to the survivor of a contributor and either the date of death of the contributor or the date on which the survivor is deemed to have become disabled for the purposes of a provincial pension plan is after December 31, 1997, the amount of the survivor’s pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

(a) the greater of

(i) the flat rate benefit payable under subparagraph (1)(a)(i), and

(ii) the flat rate benefit payable under the provincial pension plan in respect of disability, and

(b) the lesser of

(i) the aggregate of

(A) the greater of

(I) the amount payable under subparagraph (1)(a)(ii), and

(II) the portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and

(B) 60% of the lesser of the amount described in subclause (A)(I) and the amount described in subclause (A)(II), and

(ii) 75% of the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.

(8.1) Except where otherwise provided by an agreement under section 80, where a survivor’s pension under this Act and a disability pension under a provincial pension plan are payable to the survivor of a contributor and subsection (8) does not apply, the amount of the survivor’s pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

(a) the greater of

(i) the flat rate benefit payable under subparagraph (1)(a)(i), and

(ii) the flat rate benefit payable under the provincial pension plan in respect of disability, and

(b) the lesser of

(i) the aggregate of

(A) the amounts payable under subparagraph (1)(a)(ii), and

(B) the portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and

(ii) the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.

(9) For the purposes of this section, a survivor first becomes qualified to receive a survivor’s pension in the month following the month in which the survivor first met the criteria of subsection 44(1) in relation to that pension.

R.S., 1985, c. C-8, s. 58; R.S., 1985, c. 30 (2nd Supp.), s. 26; 1991, c. 44, s. 12; 1997, c. 40, s. 76; 2000, c. 12, ss. 50, 64.

59. A disabled contributor’s child’s benefit payable to the child of a disabled contributor and an orphan’s benefit payable to the orphan of a contributor is a basic monthly amount consisting of

(a) in the year 1991, one hundred and thirteen dollars and fourteen cents;

(b) in the year 1992, the aggregate of

(i) one hundred and thirteen dollars and fourteen cents, multiplied by the ratio referred to in subparagraph (c)(ii), and

(ii) thirty-five dollars; or

(c) in the year 1993 or any subsequent year, an amount calculated by multiplying

(i) the amount of the benefit that would have been payable for a month in the year preceding that year

by

(ii) the ratio that the Pension Index for the year in which the benefit commences to be payable bears to the Pension Index for the year preceding that year.

R.S., 1985, c. C-8, s. 59; R.S., 1985, c. 30 (2nd Supp.), s. 27; 1991, c. 44, s. 13.

60. (1) No benefit is payable to any person under this Act unless an application therefor has been made by him or on his behalf and payment of the benefit has been approved under this Act.

(2) Notwithstanding anything in this Act, but subject to subsections (2.1) and (2.2), an application for a benefit, other than a death benefit, that would have been payable in respect of a month to a deceased person who, prior to the person’s death, would have been entitled on approval of an application to payment of that benefit under this Act may be approved in respect of that month only if it is made within 12 months after the death of that person by the estate, the representative or heir of that person or by any person that may be prescribed by regulation.

(2.1) An application referred to in subsection (2) in respect of a disability benefit may not be approved if the application is received after December 31, 1997.

(2.2) An application referred to in subsection (2) in respect of a retirement pension may only be approved in respect of a month after the deceased contributor had reached age 70.

(3) Where a disabled contributor’s child’s benefit would, if the application had been approved, have been payable to a child of a disabled contributor on application made prior to the death of the child or an orphan’s benefit would, if the application had been approved, have been payable to an orphan of a contributor on application made prior to the death of the orphan and the child or orphan dies after December 31, 1977, not having reached eighteen years of age, and no application has been made at the time of the death of the child or orphan, an application may be made within one year after the death by the person or agency having custody and control of the child or orphan at the time of the death or, where there is at that time no person or agency having custody and control, by such person or agency as the Minister may direct.

(4) Where an application is made pursuant to subsection (2) or (3), a benefit that would have been payable to a deceased person referred to in subsection (2) or a deceased child or orphan referred to in subsection (3) shall be paid to the estate or such person as may be prescribed by regulation.

(5) Any application made pursuant to subsection (2) or (3) is deemed to have been received

(a) 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; or

(b) on the date of the death of a child or an orphan referred to in subsection (3) where the person having custody and control of the child or orphan did not make an application prior to the death of the child or orphan.

(6) An application for a benefit shall be made to the Minister in prescribed manner and at the prescribed location.

(7) The Minister shall forthwith on receiving an application for a benefit consider it and may approve payment of the benefit and determine the amount thereof payable under this Act or may determine that no benefit is payable, and he shall thereupon in writing notify the applicant of his decision.

(8) 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 had been 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.

(9) 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 had been 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 that begins on the day on which that person had ceased to be so incapable and that comprises 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 had 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.

(10) For the purposes of subsections (8) and (9), a period of incapacity must be a continuous period except as otherwise prescribed.

(11) Subsections (8) to (10) apply only to individuals who were incapacitated on or after January 1, 1991.

(12) 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.

R.S., 1985, c. C-8, s. 60; R.S., 1985, c. 30 (2nd Supp.), s. 28, c. 1 (4th Supp.), s. 44(E); 1991, c. 44, s. 14; 1997, c. 40, s. 77.

61. (1) Where application is made for a benefit and payment of the benefit would be approved except that the amount of the benefit cannot be finally calculated at the time the approval would otherwise be given, the Minister may approve payment of an interim benefit in such amount as he may fix and payment of the interim benefit may be made in a like manner as if the benefit had been approved.

(2) Where an interim benefit has been paid under subsection (1) and payment of a benefit is subsequently approved,

(a) if the amount of the interim benefit was less than the amount of the benefit subsequently approved, the beneficiary shall be paid the additional amount that he would have been paid if the benefit had been approved at the time the interim benefit was approved; and

(b) if the amount of the interim benefit exceeded the amount of the benefit subsequently approved, the amount paid in excess thereof shall be deducted from subsequent payments of the benefit or otherwise recovered in such manner as the Minister may direct.

R.S., c. C-5, s. 60.

62. (1) Payment of a benefit for each month shall be made at such time during the month as the Minister directs, except that, where payment of a benefit is approved after the end of the month for which the first payment of the benefit is payable under this Part, monthly payments of the benefit shall be made for months commencing with the month following the month in which payment of the benefit is approved and payments of the benefit for months preceding that month for which the benefit is payable under this Part shall be paid in one sum during that month.

(2) For the purposes of this Act, where a benefit is payable under this Part commencing with any month, the benefit shall be deemed to have become payable at the beginning of that month.

R.S., 1985, c. C-8, s. 62; R.S., 1985, c. 30 (2nd Supp.), s. 29.

63. (1) Where a person whose spouse has died remarries at a time when no survivor’s pension is payable to him, no survivor’s pension is payable to that person during the period of his remarriage and if following the death of his spouse of that or any subsequent remarriage a survivor’s pension would be payable to him if he applied for such a pension, his deceased spouse for the purposes of this Act shall be deemed to be his spouse named in the application.

(2) Where a person to whom a survivor’s pension is being paid remarries, the survivor’s pension shall be discontinued commencing with the month following the month in which that person was married.

(3) Where the spouse of a person whose survivor’s pension has been discontinued under subsection (2) dies, that person may on application therefor be paid a survivor’s pension equal to the survivor’s pension that was discontinued under subsection (2) or the survivor’s pension that would have been payable by reason of the death of the spouse if no survivor’s pension had been previously payable to that person, whichever is the greater.

(4) Where the marriage of a person whose survivor’s pension has been discontinued under subsection (2) is terminated otherwise than by the death of his spouse, the survivor’s pension previously payable to that person shall thereupon become payable to him.

(5) Where a survivor’s pension payable to a person has been discontinued under subsection (2) and subsequently a survivor’s pension equal to the pension so discontinued becomes payable to that person or the pension so discontinued again becomes payable to him, the basic monthly amount of the pension thereupon payable to that person shall be calculated as though the pension discontinued under subsection (2) had not been discontinued.

(6) Where, but for this subsection, more than one survivor’s pension would be payable concurrently to a person under this Act, or a survivor’s pension would be payable concurrently to a person under this Act and under a provincial pension plan, only one survivor’s pension shall be payable to that person, the amount of which shall be the greatest or greater of the survivor’s pensions that would, but for this subsection, be payable to that person.

(7) Where a contributor dies within one year after his marriage, no survivor’s pension is payable to his survivor if the Minister is not satisfied that the contributor was at the time of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter.

(7.1) Subsection (7) does not apply if the aggregate of the following periods is one year or more:

(a) the period during which the contributor and the survivor had cohabited during the marriage; and

(b) the period during which the contributor and the survivor had cohabited in a conjugal relationship immediately before the marriage.

(8) Subsection (3) applies only to a person who has made an application pursuant to that subsection that is pending on the coming into force of section 63.1.

(9) Subsection (4) applies only to a person whose marriage is terminated as described in that subsection before the coming into force of section 63.1.

(10) Subsection (5) does not apply in respect of a survivor’s pension that becomes payable pursuant to section 63.1.

R.S., 1985, c. C-8, s. 63; R.S., 1985, c. 30 (2nd Supp.), s. 30; 2000, c. 12, ss. 51, 64, 65(F).

63.1 (1) Subsections 63(1) and (2) do not apply to a person who remarries after the coming into force of this section.

(2) Where, before the coming into force of subsection (1),

(a) a survivor’s pension that, but for the operation of subsection 63(1), would have become payable to a person did not become payable to the person, or

(b) the payment of a survivor’s pension to a person was discontinued under subsection 63(2),

and the person is not being paid a survivor’s pension at the time that this section comes into force, an application in writing to the Minister for the commencement or reinstatement, as the case may be, of the survivor’s pension may be made by the person or on behalf of the person by such other person as may be prescribed.

(3) On approval by the Minister of an application referred to in subsection (2), a survivor’s pension is payable to the applicant for each month commencing with the later of

(a) the month in which this section comes into force, and

(b) the eleventh month preceding the month in which the application is received by the Minister.

(4) Where a survivor’s pension becomes payable under this section to a person, the basic monthly amount of the pension shall be calculated in accordance with section 58 as though

(a) in the case of a person referred to in paragraph (2)(a), the survivor’s pension that would have become payable to the person but for the operation of subsection 63(1) became payable at the time that it would have become payable but for that subsection; and

(b) in the case of a person referred to in paragraph (2)(b), payment of the survivor’s pension to the person had not been discontinued under subsection 63(2).

R.S., 1985, c. 30 (2nd Supp.), s. 31.

64. [Repealed, R.S., 1985, c. 30 (2nd Supp.), s. 32]

65. (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) Notwithstanding subsections (1) and (1.1), where any provincial authority or municipal authority in a province pays a person any advance or assistance or welfare payment for a month or any 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 that benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not exceeding the amount of the advance or assistance or welfare payment paid.

(3) Notwithstanding subsections (1) and (1.1), where an administrator of a disability income program who is approved by the Minister makes a payment under that program to a person for a month or any portion of a month that would not have been made if a benefit under paragraph 44(1)(b) had been paid to that person 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 that benefit and pay to the administrator an amount not exceeding the amount of the payment made under that program.

R.S., 1985, c. C-8, s. 65; 1991, c. 44, s. 15; 1995, c. 33, s. 29; 1997, c. 40, s. 78.

65.1 (1) Notwithstanding subsection 65(1) but subject to this section, the Minister may approve the assignment of a portion of a contributor’s retirement pension to the contributor’s spouse or common-law partner, on application in prescribed manner and form by the contributor or the spouse or common-law partner, if the circumstances described in either subsection (6) or (7) exist.

(2) [Repealed, 2000, c. 12, s. 52]

(3) Except as provided in subsection (4), where, on or after June 4, 1986, a written agreement between persons subject to an assignment under this section was entered into, or a court order was made, the provisions of that agreement or court order are not binding on the Minister for the purposes of an assignment under this section.

(4) Where

(a) a written agreement between persons subject to an assignment under this section entered into on or after June 4, 1986 contains a provision that expressly mentions this Act and indicates the intention of the persons that there be no assignment under this section,

(b) that provision of the agreement is expressly permitted under the provincial law that governs such agreements,

(c) the agreement was entered into before the day of the application for the assignment, and

(d) that provision of the agreement has not been invalidated by a court order,

that provision of the agreement is binding on the Minister and, consequently, the Minister shall not approve an assignment under this section.

(5) The Minister shall, forthwith after receiving an application from one spouse or from one common-law partner for an assignment under this section, notify the other spouse or common-law partner, in prescribed manner, that such an application has been made, and of such other information as the Minister deems necessary.

(6) Where

(a) a retirement pension is payable to both spouses or to both common-law partners under this Act, or

(b) a retirement pension is payable to one spouse or to one common-law partner under this Act and a retirement pension is payable to the other spouse or common-law partner under a provincial pension plan and an agreement under section 80 provides for an assignment in this circumstance,

the assignment shall be made in respect of both retirement pensions and, in the case described in paragraph (b), in accordance with the agreement.

(7) Where, in respect of spouses or common-law partners,

(a) one is a contributor under this Act and the other is not a contributor under either this Act or a provincial pension plan,

(b) a retirement pension is payable under this Act to the contributor, and

(c) the non-contributor has reached sixty years of age,

the assignment shall be made only in respect of the retirement pension of the contributor.

(8) In subsection (9),

“joint contributory period” means the period commencing on January 1, 1966 or with the month in which the elder of the two spouses or of the two common-law partners reaches eighteen years of age, whichever is later, and ending

(a) where both spouses or common-law partners are contributors, with the month in which the later of their respective contributory periods ends, or

(b) where only one spouse or common-law partner is a contributor, with the later of

(i) the month in which the contributor’s contributory period ends, and

(ii) the earlier of the month in which the non-contributor reaches seventy years of age and the month in which an application for an assignment of a retirement pension is approved,

but excluding, where subsection (6) applies, any month that is excluded from the contributory period of both spouses or common-law partners pursuant to paragraph 49(c) or (d);

“period of cohabitation” has the prescribed meaning, but in all cases shall be deemed to end with the month in which the joint contributory period ends.

(9) The portion of a contributor’s retirement pension to be assigned to the contributor’s spouse or common-law partner under this section is an amount calculated by multiplying

(a) the amount of the contributor’s retirement pension, calculated in accordance with sections 45 to 53,

by

(b) fifty per cent of the ratio that the number of months in the period of cohabitation bears to the number of months in the joint contributory period.

(10) An assignment under this section commences with the month following the month in which the application for the assignment is approved.

(11) An assignment under this section ceases with the earliest of

(a) the month in which either spouse or either common-law partner dies,

(b) the twelfth month following the month in which the spouses or the common-law partners commence to live separate and apart within the meaning of paragraphs 55.1(2)(a) and (b) (and in those paragraphs a reference to “persons subject to a division” shall be read as a reference to “spouses or common-law partners”),

(c) where subsection (7) applies, the month in which the non-contributor spouse or the non-contributor common-law partner becomes a contributor,

(d) the month in which a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of a marriage is issued, and

(e) the month following the month in which the Minister approves a request or requests in writing from both spouses or both common-law partners that the assignment be cancelled.

(11.1) Where paragraph (11)(e) applies, either spouse or either common-law partner may make a request in writing to the Minister to have the assignment reinstated.

(11.2) An assignment shall be reinstated on the first day of the month following the month in which the Minister approves the request referred to in subsection (11.1).

(12) On approval by the Minister of an assignment under this section, both spouses or both common-law partners shall be notified in the prescribed manner.

R.S., 1985, c. 30 (2nd Supp.), s. 33; 1991, c. 44, s. 16; 1995, c. 33, s. 30; 1997, c. 40, s. 79; 2000, c. 12, s. 52.

66. (1) A person or estate that has received or obtained by cheque or otherwise a benefit payment to which the person or estate is not entitled, or a benefit payment in excess of the amount of the benefit payment to which the person or estate is entitled, shall forthwith return the cheque or the amount of the benefit payment, or the excess amount, as the case may be.

(2) Where 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) Where any amount is or becomes payable to the person or the person’s estate or succession under this Act or any other Act or program administered by the Minister, that indebtedness may, in the prescribed manner, be deducted and retained out of the amount payable.

(2.2) All or part of the amount of that indebtedness 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 90.1, 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) Notwithstanding paragraph 61(2)(b) and subsections (1) and (2) of this section, where a person has received or obtained a benefit payment to which he is not entitled, or a benefit payment in excess of the amount of the benefit payment to which he 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 on the part of the Minister or an official of the Department of Social Development acting in an official capacity 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.

(4) 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) a benefit, or portion thereof, to which that person would have been entitled under this Act,

(b) a division of unadjusted pensionable earnings under section 55 or 55.1, or

(c) an assignment of a retirement pension under section 65.1,

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.

(5) Where the Minister is satisfied that a person has been denied a division of unadjusted pensionable earnings under section 55 or 55.1 as a result of the provisions of a written agreement entered into or a court order made before June 4, 1986, 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 division been approved, including attributing to that person the earnings that would have been attributed had the division been approved, if

(a) the agreement or order does not indicate that there be no division of unadjusted pensionable earnings under this Act; and

(b) all other criteria specified by or under this Act respecting divisions are met.

R.S., 1985, c. C-8, s. 66; R.S., 1985, c. 30 (2nd Supp.), s. 34; 1991, c. 14, s. 1, c. 44, s. 17; 1995, c. 33, s. 31; 1996, c. 11, s. 97; 1997, c. 40, s. 80; 2000, c. 12, s. 53; 2001, c. 4, s. 67; 2005, c. 35, s. 66.

66.1 (1) A beneficiary may, in prescribed manner and within the prescribed time interval after payment of a benefit has commenced, request cancellation of that benefit.

(1.1) Subsection (1) does not apply to the cancellation of a retirement pension in favour of a disability benefit where an applicant for a disability benefit under this Act or under a provincial pension plan is in receipt of a retirement pension and the applicant is deemed to have become disabled for the purposes of entitlement to the disability benefit in or after the month for which the retirement pension first became payable.

(2) Where a request made under subsection (1) or under a substantially similar provision of a provincial pension plan is granted and the amount of the benefits paid is repaid within the prescribed time or, in the case of a provincial pension plan, the time provided thereunder, that benefit shall be deemed for all purposes of this Act not to have been payable during the period in question.

R.S., 1985, c. 30 (2nd Supp.), s. 35; 1997, c. 40, s. 81.