Canada Pension Plan — C-8 42
Definitions 42 (1) In this Part, basic number of contributory months , in the case of any contributor, means one hundred and twenty minus the number of months that were excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability; ( nombre de base des mois cotisables ) child of a contributor means a child of the contributor, whether born before or after the contributor’s death, and includes (a) an individual adopted legally or in fact by the contributor while the individual was under twenty-one years of age, and (b) an individual in respect of whom, either legally or in fact, the contributor had, or immediately before the individual reached 21 years of age did have, parenting time or decision-making responsibility, but does not include a child of the contributor who is adopted legally or in fact by someone other than the contributor or the contributor’s spouse or common-law partner prior to the death or disability of the contributor, unless the contributor was maintaining the child, as defined by regulation; ( enfant ) decision-making responsibility has the same meaning as in subsection 2(1) of the Divorce Act ; ( responsabilités décisionnelles ) dependent child of a contributor means a child of the contributor who (a) is less than eighteen years of age, (b) is 18 or more years of age but less than 25 years of age and (i) is in full-time attendance at a school or university as defined by regulation, or (ii) is in part-time attendance at a school or university as defined by regulation, or (c) is a child other than a child described in paragraph (b), is eighteen or more years of age and is disabled, having been disabled without interruption since the time he reached eighteen years of age or the contributor died, whichever occurred later; ( enfant à charge ) disabled contributor’s child or any form of that expression of like import means a dependent child of a contributor who is disabled, but does not include a dependent child described in paragraph (c) of the definition dependent child in this section; ( enfant d’un cotisant invalide ) family allowance recipient means a person who received or is in receipt of an allowance or a family allowance pursuant to the Family Allowances Act , chapter F-1 of the Revised Statutes of Canada, 1970, as it read immediately before being repealed or the Family Allowances Act for that period prior to a child reaching seven years of age, and such other persons as may be prescribed by regulation; ( bénéficiaire d’une allocation familiale ) Maximum Pensionable Earnings Average , in respect of a contributor for a year, means the average of the Year’s Maximum Pensionable Earnings for that year and (a) where the year is before 1998 or the date of birth of the contributor is before January 1, 1933, the two previous years, or (b) in any other case, (i) where the year is 1998, the three previous years, and (ii) where the year is after 1998, the four previous years; ( maximum moyen des gains ouvrant droit à pension ) Minister means the Minister of Employment and Social Development; ( ministre ) orphan of a contributor means a dependent child of a contributor who has died but does not include a dependent child described in paragraph (c) of the definition dependent child ; ( orphelin ) parenting time means the time that a child spends in the care of a person who is a parent of the child, who stands in the place of a parent or who intends to stand in the place of a parent, whether or not the child is physically with that person during that entire time; ( temps parental ) substantially gainful , in respect of an occupation, has the meaning that may be prescribed; ( véritablement rémunératrice ) surviving spouse with dependent children [Repealed, 2000, c. 12, s. 44] survivor , in relation to a deceased contributor, means (a) if there is no person described in paragraph (b), a person who was married to the contributor at the time of the contributor’