GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Old Age Security Act — O-9 28
Appeal — benefits 28 (1) A person who is dissatisfied with a decision of the Minister made under section 27.1, including a decision in relation to further time to make a request, or, subject to the regulations, any person on their behalf, may appeal the decision to the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act . Reference as to income (2) If, on an appeal to the Social Security 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 must, 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 Social Security Tribunal, is final and binding for all purposes of the appeal to the Social Security Tribunal except in accordance with the Federal Courts Act . Stay of benefits pending judicial review (3) If a decision is made by the Social Security 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; 1997, c. 40, s. 101; 2000, c. 12, s. 207; 2002, c. 8, s. 182; 2012, c. 19, s. 236; 2013, c. 40, s. 236
Old Age Security Act — O-9 28.1
Incapacity when application actually made 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. Where previous incapacity (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. Period of incapacity (3) For the purposes of subsections (1) and (2), a period of incapacity must be a continuous period, except as otherwise prescribed. Application (4) This section applies only to persons who were incapacitated on or after January 1, 1995. 1995, c. 33, s. 17
Old Age Security Act — O-9 29
Application for pension by estate, etc. 29 (1) Despite anything in this Act, an application for a pension that would have been payable to a deceased person who, before their death, would have been entitled, on approval of an application, to payment of that pension under this Act may be made within one year after the person’s death by the estate or succession, by the liquidator, executor or administrator of the estate or succession or heir of that person or by any person that may be prescribed by regulation. Pension payable to estate or other persons (2) If an application is made under subsection (1), the pension that would have been payable to a deceased person referred to in that subsection shall be paid to the estate or succession or to any person that may be prescribed by regulation. Application deemed to have been received on date of death (3) Any application made under subsection (1) is deemed to have been received on the date of the death of the person who, before their death, would have been entitled to payment of the pension. 1984, c. 27, s. 8; 2007, c. 11, s. 23
Old Age Security Act — O-9 30
Retroactive application by survivor 30 (1) Despite paragraph 19(6)(b), if a person dies and the person’s survivor would have been entitled to an allowance under section 19 had the survivor and the deceased person made a joint application for it 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. Treated as joint application (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) [Repealed, 2007, c. 11, s. 24] R.S., 1985, c. O-9, s. 30; R.S., 1985, c. 34 (1st Supp.), s. 8; 2000, c. 12, ss. 202, 209(E); 2007, c. 11, s. 24
Old Age Security Act — O-9 31
Presumption as to death of applicant or beneficiary 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. Change of presumed date of death (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. Where person presumed dead reappears (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. Death certificates issued by other authorities (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
Old Age Security Act — O-9 32
Where person denied benefit due to departmental error, etc. 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
Old Age Security Act — O-9 33
Definitions 33 (1) The following definitions apply in this section and sections 33.1 and 39. administration includes the development, operation, evaluation and enforcement of policies and programs. ( mise en oeuvre ) federal institution means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act . ( institution fédérale ) public officer means an officer or employee of a federal institution, or a prescribed individual or a member of a prescribed class of individuals. ( fonctionnaire public ) Interpretation (2) The definition of a word or expression in subsection (1) does not affect its interpretation in any other provision of this Act. 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; 2005, c. 35, s. 55; 2012, c. 19, s. 299
Old Age Security Act — O-9
administration includes the development, operation, evaluation and enforcement of policies and programs. ( mise en oeuvre )
Old Age Security Act — O-9
federal institution means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act . ( institution fédérale )
Old Age Security Act — O-9
public officer means an officer or employee of a federal institution, or a prescribed individual or a member of a prescribed class of individuals. ( fonctionnaire public )
Old Age Security Act — O-9 33.1
Information obtained under other Acts 33.1 Despite any other Act or law, (a) the Minister of National Revenue or any person that he or she designates may make available to the Minister, or to a public officer of the Department of Employment and Social Development that is designated by the Minister, a report providing information that is available to the Minister of National Revenue, if the information is necessary for the administration of this Act; (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 to a public officer of the Department of Employment and Social Development, any information that was obtained in the administration of the Citizenship Act or the Immigration and Refugee Protection Act , if the information is necessary for the administration of this Act; and (c) the Commissioner of Corrections or staff members of the Correctional Service of Canada may make available to the Minister or a public officer of the Department of Employment and Social Development any personal information that was obtained in the administration of the Corrections and Conditional Release Act , if the information is necessary for the administration of this Act. 1997, c. 40, s. 102; 2012, c. 19, s. 299; 2013, c. 40, s. 237
Old Age Security Act — O-9 34
r person or beneficiary if it is established in any manner and by any evidence that 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 their own affairs, and prescribing the manner in which any benefit authorized to be paid to the 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) and (s) [Repealed, 2012, c. 19, s. 237] 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); 2007, c. 11, s. 26; 2012, c. 19, s. 237
Old Age Security Act — O-9 34.2
Regulations — payment of interest 34.2 The Governor in Council may make regulations respecting the payment of interest on amounts owing to Her Majesty under this Act, including regulations prescribing (a) the circumstances in which interest is payable; (b) rates of interest or the manner of calculating rates of interest; (c) terms and conditions for the imposition and payment of interest; and (d) terms and conditions under which the Minister may waive, reduce or remit the interest payable. 2007, c. 11, s. 27
Old Age Security Act — O-9 35
Form of applications, statements and notifications 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
Old Age Security Act — O-9 35.1
Making claim or providing information in person 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
Old Age Security Act — O-9 36
Benefit not assignable 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. Benefit not subject to seizure or execution (1.1) A benefit is exempt from seizure and execution, either at law or in equity. Exception (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. Reimbursement of Department of Veterans Affairs (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)
Old Age Security Act — O-9 37
. Debt due to the Crown (2.8) An amount not paid as required by a notice under subsection (2.7) is a debt due to Her Majesty. Proof of personal service (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] Remission of amount owing (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. Exclusion of Financial Administration Act (5) Section 155.1 of the Financial Administration Act does not apply in relation to amounts owing to Her Majesty under this Act. 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; 2007, c. 11, s. 28
Old Age Security Act — O-9 38
Commissioners for oaths, etc. 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. Acceptance of oaths, etc. (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
Old Age Security Act — O-9 39
Payment of provincial benefit 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. Administration of provincial benefits (1.1) The agreement may provide for the Minister to administer the provincial benefits on behalf of the government of that province in accordance with the terms and conditions set out in the agreement. Province to reimburse expenses (2) It shall be a term of the agreement that the government of the province that is a party to the agreement shall reimburse the Minister for the expenses incurred by the Minister under that agreement. R.S., 1985, c. O-9, s. 39; 2000, c. 12, s. 205; 2007, c. 11, s. 29
Old Age Security Act — O-9 40
Reciprocal arrangements re administration, etc. 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. Regulations for giving effect to agreements (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
Old Age Security Act — O-9 41
Coming into force of agreements 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. Publication (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
Old Age Security Act — O-9 43
Negative resolution of Parliament 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