GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Old Age Security Act — O-9 3
Payment of full pension 3 (1) Subject to this Act and the regulations, a full monthly pension may be paid to (a) every person who was a pensioner on July 1, 1977; (b) every person who (i) on July 1, 1977 was not a pensioner but had attained twenty-five years of age and resided in Canada or, if that person did not reside in Canada, had resided in Canada for any period after attaining eighteen years of age or possessed a valid immigration visa, (ii) has attained sixty-five years of age, and (iii) has resided in Canada for the ten years immediately preceding the day on which that person’s application is approved or, if that person has not so resided, has, after attaining eighteen years of age, been present in Canada prior to those ten years for an aggregate period at least equal to three times the aggregate periods of absence from Canada during those ten years, and has resided in Canada for at least one year immediately preceding the day on which that person’s application is approved; and (c) every person who (i) was not a pensioner on July 1, 1977, (ii) has attained sixty-five years of age, and (iii) has resided in Canada after attaining eighteen years of age and prior to the day on which that person’s application is approved for an aggregate period of at least forty years. Payment of partial pension (2) Subject to this Act and the regulations, a partial monthly pension may be paid for any month in a payment quarter to every person who is not eligible for a full monthly pension under subsection (1) and (a) has attained sixty-five years of age; and (b) has resided in Canada after attaining eighteen years of age and prior to the day on which that person’s application is approved for an aggregate period of at least ten years but less than forty years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which that person’s application is approved. Amount of partial pension (3) Subject to subsection 7.1(3), the amount of a partial monthly pension, for any month, shall bear the same relation to the amount of the full monthly pension for that month as the aggregate period that the applicant has resided in Canada after attaining 18 years of age and before the day on which the application is approved, determined in accordance with subsection (4), bears to 40 years. Rounding of aggregate period (4) For the purpose of calculating the amount of a partial monthly pension under subsection (3), the aggregate period described in that subsection shall be rounded to the lower multiple of a year when it is not a multiple of a year. Additional residence irrelevant for partial pensioner (5) Once a person’s application for a partial monthly pension has been approved, the amount of monthly pension payable to that person under this Part may not be increased on the basis of subsequent periods of residence in Canada. R.S., 1985, c. O-9, s. 3; 2012, c. 19, s. 448 2021, c. 23, s. 270
Old Age Security Act — O-9 4
Residence in Canada must be or have been legal 4 (1) A person who was not a pensioner on July 1, 1977 is eligible for a pension under this Part only if (a) on the day preceding the day on which that person’s application is approved that person is a Canadian citizen or, if not, is legally resident in Canada; or (b) on the day preceding the day that person ceased to reside in Canada that person was a Canadian citizen or, if not, was legally resident in Canada. Regulations respecting legal residence (2) The Governor in Council may make regulations respecting the meaning of legal residence for the purposes of subsection (1). 1976-77, c. 9, s. 1
Old Age Security Act — O-9 4.1
Presumption 4.1 If the Minister intends to waive the requirement for an application in respect of a person under subsection 5(4) and the information available to the Minister under this Act with respect to that person includes the prescribed information, the person is presumed, in the absence of evidence to the contrary, to have met the requirements of (a) subparagraph 3(1)(b)(iii) or (c)(iii) or paragraph 3(2)(b); or (b) paragraph 4(1)(a) or (b). 2012, c. 19, s. 449
Old Age Security Act — O-9 5
Limitations 5 (1) No pension may be paid to any person unless that person is qualified under subsection 3(1) or (2), an application therefor has been made by or on behalf of that person and the application has been approved, and, except as provided in this Act, no pension may be paid to any person in respect of any period prior to the day on which that person’s application is approved. Application deemed to have been made and approved (2) Where an allowance ceases to be payable to a person by reason of that person having reached sixty-five years of age, the Minister may deem an application under subsection (1) to have been made by that person and approved, on the day on which the person reached that age. Incarcerated persons (3) No pension may be paid in respect of a period of incarceration — exclusive of the first month of that period — to a person who is subject to a sentence of imprisonment (a) that is to be served in a penitentiary by virtue of any Act of Parliament; or (b) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act , if the government of the province in which the prison is located has entered into an agreement under section 41 of the Department of Employment and Social Development Act . Waiver of application (4) The Minister may, on the day on which a person attains 65 years of age, waive the requirement referred to in subsection (1) for an application if the Minister is satisfied, based on information that is available to him or her under this Act, that the person is qualified under subsection 3(1) or (2) for the payment of a pension. Notice of intent (5) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of a pension. Inaccuracies (6) The person shall, before the day on which they attain 65 years of age, file with the Minister a statement in which the person corrects any inaccuracies in the information provided by the Minister under subsection (5). Declining waiver (7) The person may, before the day on which they attain 65 years of age, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so. Cancellation of waiver (8) Even if the requirement for an application is intended to be waived in respect of a person under subsection (4), the Minister may, before the day on which the person attains 65 years of age, require that the person make an application for payment of a pension and, in that case, the Minister shall notify the person in writing of that requirement. R.S., 1985, c. O-9, s. 5; 1995, c. 33, s. 2; 2000, c. 12, s. 209(E); 2010, c. 22, s. 3; 2012, c. 19, ss. 296, 450; 2013, c. 40, s. 236
Old Age Security Act — O-9 5.1
Withdrawal of application 5.1 (1) An applicant may withdraw an application for a pension by giving a written notice of their withdrawal to the Minister at any time before payment of the pension commences. Effect of withdrawal (2) If an application for a pension is withdrawn under subsection (1), the withdrawn application shall not after that time be used for the purpose of determining the applicant’s eligibility for a pension. 2007, c. 11, s. 15
Old Age Security Act — O-9 6
Census statistics 6 Subject to the conditions specified in the regulations, the Minister is entitled, for the purpose of ascertaining the age of any pensioner or any applicant for a pension, to obtain from Statistics Canada, on request, any information respecting the age of a pensioner or applicant that is contained in the returns of any census taken more than thirty years before the date of the request. R.S., c. O-6, s. 3; 1970-71-72, c. 15, s. 39
Old Age Security Act — O-9 7
Basic amount of full pension 7 (1) The amount of the full monthly pension that may be paid to any person for a month in the payment quarter commencing on January 1, 1985 is two hundred and seventy-three dollars and eighty cents. Quarterly adjustment of basic amount of full pension (2) Where a full monthly pension has been authorized to be paid to a person, the amount of the pension shall be adjusted quarterly, in such manner as may be prescribed by regulation, so that the amount that may be paid to that person for a month in any payment quarter commencing after March 31, 1985 is the amount obtained by multiplying (a) the amount of the pension that might have been paid to that person for a month in the three month period immediately before that payment quarter by (b) the ratio that the Consumer Price Index for the first adjustment quarter that relates to that payment quarter bears to the Consumer Price Index for the second adjustment quarter that relates to that payment quarter. No decrease in amount of full pension (3) Notwithstanding subsection (2), the amount of a full monthly pension that may be paid to a pensioner for any month in a payment quarter shall be not less than the amount of the full monthly pension that was or may be paid to a pensioner for any month in the three month period immediately before that payment quarter. Effect of reduction in Consumer Price Index (4) Where, in relation to any payment quarter, the Consumer Price Index for the first adjustment quarter is lower than the Consumer Price Index for the second adjustment quarter, (a) no pension adjustment shall be made pursuant to subsection (2) in respect of that payment quarter; and (b) no pension adjustment shall be made pursuant to that subsection in respect of any subsequent payment quarter until, in relation to a subsequent payment quarter, the Consumer Price Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in that paragraph shall be deemed to be the second adjustment quarter that relates to that subsequent payment quarter. Full monthly pension — persons aged 75 years or older (5) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the full monthly pension, as it is calculated in accordance with subsections (1) to (4), is increased by 10%. R.S., 1985, c. O-9, s. 7 2021, c. 23, s. 271
Old Age Security Act — O-9 7.1
Voluntary deferral — full monthly pension 7.1 (1) If a person applies for their pension after they become qualified to receive a full monthly pension, the amount of that pension, as it is calculated in accordance with subsections 7(1) to (4), is increased by 0.6% for each month in the period that begins in the month after the month in which the person becomes qualified for that pension and that ends in the month in which the person’s application is approved. Voluntary deferral — partial monthly pension (2) If a person applies for their pension after they become qualified to receive a partial monthly pension, the amount of that pension, as it is calculated in accordance with subsection 3(3) without regard to subsection 7(5), at the time that they become qualified for that pension, is increased by 0.6% for each month in the period that begins in the month after that time and that ends in the month in which the person’s application is approved. Greatest amount of pension (3) A person who is qualified to receive a monthly pension shall, unless they decide otherwise, receive the greatest of the following amounts: (a) the amount of the full monthly pension as it is increased under subsection (1), if the person is qualified to receive a full monthly pension, (b) the amount of the partial monthly pension as it is increased under subsection (2), and (c) the amount of the partial monthly pension as it is calculated under subsection 3(3) at the time that the person’s application is approved. Limitation (4) Despite subsections (1) and (2), the amount of a pension is not increased for any month (a) before July 2013; (b) after the month in which the person attains 70 years of age; or (c) in which the person’s pension would not be paid by virtue of subsection 5(3), or would be suspended under subsection 9(1) or (3), if the person were a pensioner. Full monthly pension — persons aged 75 years or older (5) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the full monthly pension, as it is increased under subsection (1), is increased by 10%. Partial monthly pension — persons aged 75 years or older (6) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the partial monthly pension, as it is increased under subsection (2), is increased by 10%. 2012, c. 19, s. 451 2021, c. 23, s. 272
Old Age Security Act — O-9 8
Commencement of pension 8 (1) Payment of pension to any person shall commence in the first month after the application therefor has been approved, but where an application is approved after the last day of the month in which it was received, the approval may be effective as of such earlier date, not prior to the day on which the application was received, as may be prescribed by regulation. Exception (2) Notwithstanding subsection (1), where a person who has applied to receive a pension attained the age of sixty-five years before the day on which the application was received, the approval of the application may be effective as of such earlier day, not before the later of (a) a day one year before the day on which the application was received, and (b) the day on which the applicant attained the age of sixty-five years, as may be prescribed by regulation. Incarcerated persons (2.1) Despite subsection (1), if the application by a person described in subsection 5(3) is approved while that person is incarcerated, payment of their pension shall commence in respect of the month in which they are released but only after they notify the Minister in writing before or after their release. Duration (3) Subject to this Act, the pension shall continue to be paid during the lifetime of the pensioner and shall cease with the payment for the month in which the pensioner dies. R.S., 1985, c. O-9, s. 8; 1995, c. 33, s. 3; 2010, c. 22, s. 4; 2012, c. 19, s. 452(F)
Old Age Security Act — O-9 9
Suspension of pension where pensioner leaves Canada 9 (1) Where a pensioner, having left Canada either before or after becoming a pensioner, has remained outside Canada after becoming a pensioner for six consecutive months, exclusive of the month in which the pensioner left Canada, payment of the pension for any period the pensioner continues to be absent from Canada after those six months shall be suspended, but payment may be resumed with the month in which the pensioner returns to Canada. No suspension after 20 years residence (2) In the circumstances described in subsection (1), payment of the pension may be continued without suspension for any period the pensioner remains outside Canada if the pensioner establishes that at the time the pensioner left Canada the pensioner had resided in Canada for at least twenty years after attaining the age of eighteen years. Suspension of pension where pensioner ceases to reside in Canada (3) Where a pensioner ceases to reside in Canada, whether before or after becoming a pensioner, payment of the pension shall be suspended six months after the end of the month in which the pensioner ceased to reside in Canada, but payment may be resumed with the month in which the pensioner resumes residence in Canada. No suspension where pensioner had 20 years residence in Canada (4) In the circumstances described in subsection (3), payment of the pension may be continued without suspension if the pensioner establishes that at the time the pensioner ceased to reside in Canada the pensioner had resided in Canada for at least twenty years after attaining the age of eighteen years. Failure to comply with Act (5) Where a pensioner fails to comply with any of the provisions of this Act or the regulations, payment of the pension may be suspended, and where a pension is so suspended, payment may be resumed when the pensioner has complied with those provisions. R.S., c. O-6, s. 7; 1972, c. 10, s. 4; 1976-77, c. 9, s. 4; 1979, c. 4, s. 1
Old Age Security Act — O-9 9.1
Request that pension cease to be payable 9.1 (1) Any pensioner may make a request to the Minister in writing that their pension cease to be payable. When pension ceases to be payable (2) A pension shall cease to be payable on the last day of the month in which the Minister approves a request under subsection (1). Request for reinstatement (3) A pensioner whose pension has ceased to be payable under subsection (2) may make a request in writing to the Minister that their pension be reinstated. When reinstatement effective (4) A pension shall be reinstated and payment shall commence in the month following the month in which the Minister receives a request under subsection (3) or in the month chosen by the pensioner in the request, whichever is later. 1995, c. 33, s. 4
Old Age Security Act — O-9 9.2
Resumption of pension 9.2 Payment of a pension that is suspended by virtue of subsection 5(3) shall resume in respect of the month in which a pensioner is released but only after they notify the Minister in writing before or after their release. 2010, c. 22, s. 5
Old Age Security Act — O-9 9.3
Request to cancel pension 9.3 (1) A pensioner may, in the prescribed manner and within the prescribed time after payment of a pension has commenced, request cancellation of that pension. Effect of cancellation (2) If the request is granted and the amount of any pension and related supplement and allowance is repaid within the prescribed time, (a) the application for that pension is deemed never to have been made; and (b) the pension is deemed for the purposes of this Act not to have been payable during the period in question. 2012, c. 19, s. 453
Old Age Security Act — O-9 10
Definitions 10 The definitions in this section apply in this Part. base calendar year means the last calendar year ending before the current payment period. ( année de référence ) current payment period means the payment period in respect of which an application for a supplement is made by an applicant. ( période de paiement en cours ) previous payment period means the payment period immediately before the current payment period. ( période de paiement précédente ) R.S., 1985, c. O-9, s. 10; 1998, c. 21, s. 106
Old Age Security Act — O-9
base calendar year means the last calendar year ending before the current payment period. ( année de référence )
Old Age Security Act — O-9
current payment period means the payment period in respect of which an application for a supplement is made by an applicant. ( période de paiement en cours )
Old Age Security Act — O-9
previous payment period means the payment period immediately before the current payment period. ( période de paiement précédente )
Old Age Security Act — O-9 11
t is more than eleven months before the month in which the application is received or is deemed to have been made or in which the requirement for an application has been waived, as the case may be; (b) any month for which no pension may be paid to the pensioner; (c) any month throughout which the pensioner is absent from Canada having commenced to be absent from Canada either before or after becoming a pensioner and having remained outside Canada before that month for six consecutive months, exclusive of the month in which the pensioner left Canada; (d) any month throughout which the pensioner is not resident in Canada, having ceased to reside in Canada, either before or after becoming a pensioner, six months before the beginning of that month; or (e) any month during which the pensioner is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act . Application of paragraph (7)(e) (8) Paragraph (7)(e) does not apply (a) to a person who was qualified to receive a pension or an allowance immediately before the day on which this paragraph comes into force, whether or not they had applied for it; or (b) to a pensioner if an event as provided by the regulations has occurred. R.S., 1985, c. O-9, s. 11; 1995, c. 33, s. 5; 1996, c. 18, s. 51; 1998, c. 21, ss. 107, 119; 2000, c. 12, s. 209(E); 2001, c. 27, s. 264; 2007, c. 11, s. 16; 2012, c. 19, s. 454 2014, c. 20, s. 371
Old Age Security Act — O-9 12.1
rice Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in that paragraph is deemed to be the second adjustment quarter that relates to that subsequent payment quarter. 2011, c. 15, s. 13; 2016, c. 7, s. 189
Old Age Security Act — O-9 13
Calculation of income 13 For the purposes of determining the amount of supplement that may be paid to a pensioner for a month before July 1, 1999, the income for a calendar year of a person or an applicant is the income of that person or applicant for that year computed in accordance with the Income Tax Act , except that (a) there shall be deducted from the person’s or applicant’s income from office or employment for that year (i) a single amount in respect of all offices and employments of that person or applicant equal to the lesser of five hundred dollars and one fifth of the person’s or applicant’s income from office or employment for that year, (ii) the amount of employee’s premiums paid by the person or applicant during the year under the Employment Insurance Act , and (iii) the amount of employee’s contributions made by the person or applicant during the year under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act; (b) there shall be deducted from the person’s or applicant’s self-employed earnings for that year (i) the amount of contributions made in respect of those self-employed earnings by the person or applicant during the year under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act, and (ii) the amount of premium paid by the person or applicant during the year under Part VII.1 of the Employment Insurance Act ; and (c) there shall be deducted from the person’s or applicant’s income for that year, to the extent that those amounts have been included in computing that income, (i) the amount of any benefit under this Act and the amount of any similar payment under a law of a provincial legislature, (ii) the amount of any allowance under the Family Allowances Act and the amount of any similar payment under a law of a provincial legislature, (iii) the amount of any death benefit under the Canada Pension Plan or a provincial pension plan as defined in section 3 of that Act, (iv) the amount of any grant under a program that is a prescribed program of the Government of Canada relating to home insulation or energy conversion for the purposes of paragraphs 12(1)(u) and 56(1)(s) of the Income Tax Act , and (v) the amount of any social assistance payment made on the basis of a means, a needs or an income test by a registered charity as defined in subsection 248(1) of the Income Tax Act or under a program provided for by an Act of Parliament or a provincial legislature that is neither a program prescribed under the Income Tax Act nor a program under which the amounts referred to in subparagraph (i) are paid. R.S., 1985, c. O-9, s. 13; 1990, c. 39, s. 57; 1996, c. 23, s. 187; 1998, c. 21, s. 109; 1999, c. 31, s. 246(F); 2009, c. 33, s. 32