Canada Pension Plan — C-8 7
Regulations respecting employment to be included in pensionable employment 7 (1) The Governor in Council may make regulations for including in pensionable employment (a) any employment outside Canada or partly outside Canada, being employment that would be pensionable employment if it were in Canada; (b) the entire employment under one employer of a person who is engaged by the employer partly in pensionable employment and partly in other employment; (c) any employment if it appears to the Governor in Council that the nature of the work performed is similar to the work performed by persons employed in pensionable employment; (d) the performance of services for remuneration if it appears to the Governor in Council that the terms or conditions on which the services are performed and the remuneration is paid are analogous to a contract of service, whether or not they constitute a contract of service; (e) pursuant to an agreement with the government of a province, employment in Canada by Her Majesty in right of the province or by an agent of Her Majesty in right of the province; (f) pursuant to an agreement with the employing government or organization, employment in Canada by the government of a country other than Canada or by an international organization; and (g) any excepted employment other than employment described in paragraph 6(2)(g) or (i). Regulations respecting employment to be excepted from pensionable employment (2) The Governor in Council may make regulations for excepting from pensionable employment (a) any employment if it appears to the Governor in Council by reason of the laws of any country other than Canada that a duplication of contributions or benefits will result; (b) any employment of a person by an employer resident outside Canada unless arrangements satisfactory to the Minister have been made for the payment of the contributions required by this Act to be made in respect of that employment; (c) the entire employment under one employer of a person who is engaged by the employer partly in pensionable employment and partly in other employment; (d) any employment if it appears to the Governor in Council that the nature of the work performed by persons employed in that employment is similar to the nature of the work performed by persons employed in employment that is not pensionable employment; (e) any employment if it appears to the Governor in Council that the services are performed and the remuneration is paid in a manner analogous to the earning of income from the carrying on of a business; and (f) any employment in which persons are ordinarily employed to an inconsiderable extent. Extent of authority to make regulations (3) A regulation made under subsection (1) or (2) may be conditional or unconditional, qualified or unqualified, and may be general or restricted to a specific area, a person or a group or class of persons, and the authority conferred by subsection (1) to make regulations to include in pensionable employment any employment described in that subsection includes authority to make such other regulations to provide for the manner in which the provisions of this Act shall apply with respect thereto, and to adapt the provisions of this Act with respect thereto, as appear to the Governor in Council to be necessary to give effect to the regulations made under that subsection. Limitation (4) No regulation under this section shall require the payment of an employer’s contribution by the government of a country other than Canada or by an international organization unless the regulation is made pursuant to an agreement referred to in paragraph (1)(f). R.S., c. C-5, s. 7; 1974-75-76, c. 4, s. 3