Canada Pension Plan — C-8 66
r General on account of the second person’s liability. 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. Remission of amount owing (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 Employment and 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. Where person denied benefit due to departmental error, etc. (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. When person denied division (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. Exclusion of Financial Administration Act (6) Section 155.1 of the Financial Administration Act does not apply in relation to amounts owing to Her Majesty under this Part. 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; 2007, c. 11, s. 4; 2012, c. 19, s. 695; 2013, c. 40, s. 237