Old Age Security Regulations — 21
21 (1) For the purposes of the Act and these Regulations, (a) a person resides in Canada if he makes his home and ordinarily lives in any part of Canada; and (b) a person is present in Canada when he is physically present in any part of Canada. (2) A person who lives on a ship outside the territorial waters of Canada shall, while so living, be deemed not to be living in any part of Canada. (2.1) Notwithstanding subsection (1), a person who is not a Canadian citizen or a permanent resident of Canada does not reside in Canada for the purposes of the Act and these Regulations during any period in which he is present in Canada (a) for the purpose of carrying out his duties as a properly accredited diplomat, consular officer, representative or official of (i) a country other than Canada, (ii) the United Nations or any of its agencies, or (iii) any intergovernmental organization in which Canada participates; (b) as a member of a military force present in Canada for training or for any other purpose in connection with the defence or security interests of Canada or under any treaty or agreement between Canada and another country; (c) as the spouse, common-law partner or dependant of a person referred to in paragraph (a) or (b) or the dependant of that person’s spouse or common-law partner; or (d) as a member of the staff of or as a person otherwise accompanying a person referred to in paragraph (a), (b) or (c). (3) For the purposes of the Act and these Regulations, where a person becomes the spouse or common-law partner of a person residing in Canada while the person residing in Canada is absent from Canada in any of the circumstances specified in paragraph (5)(a) or (b), the period outside Canada of the spouse after their marriage or of the common-law partner after becoming such a partner is considered a period of residence and presence in Canada, if (a) the spouse or common-law partner returns to Canada either before or within six months after the return of the person residing in Canada or within six months after that person’s death if that person dies while so absent from Canada; or (b) the spouse or common-law partner attains, during that period outside Canada, an age at which the spouse or common-law partner is eligible to be paid a pension under the Act. (4) Any interval of absence from Canada of a person resident in Canada that is (a) of a temporary nature and does not exceed one year, (b) for the purpose of attending a school or university, or (c) specified in subsection (5) shall be deemed not to have interrupted that person’s residence or presence in Canada. (5) The absences from Canada referred to in paragraph (4)(c) of a person residing in Canada are absences under the following circumstances: (a) while that person was employed out of Canada (i) by the United Nations or one of its specialized agencies, (ii) by the North Atlantic Treaty Organization, (iii) by the Commonwealth Secretariat, (iv) by the Organization of Economic Cooperation and Development, (v) by l’Agence de coopération culturelle et technique, or (vi) by a Canadian firm or corporation as a representative or member thereof, if during his employment out of Canada he (vii) had in Canada a permanent place of abode to which he intended to return, or (viii) maintained in Canada a self-contained domestic establishment, and he returned to Canada within six months after the end of his employment out of Canada or he attained, while employed out of Canada, an age at which he was eligible to be paid a pension under the Act; (b) while that person was employed or engaged out of Canada (i) by the Government of Canada or of the government or a municipal corporation of any province, (ii) in the performance of services in another country under a development or assistance program that is sponsored or operated in that country by the Government of Canada or of a province or by a non-profit Canadian agency, (iii) as a member of the Canadian Forces, pursuant to and in connection wi