GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Pension Plan — C-8 55.3
Incapacity 55.3 (1) Where an application for a division of unadjusted pensionable earnings is made under subsection 55(1) or paragraph 55.1(1)(b) or (c) or the Minister receives the prescribed information referred to in paragraph 55.1(1)(a) and the Minister is satisfied, on the basis of evidence provided by or on behalf of a person subject to the division, that the person had been incapable of forming or expressing an intention to make an application or to provide the information to the Minister on the day on which the application was actually made or the information was actually received, the Minister may deem the application to have been made or the information to have been received in the first month in which a division could have taken place or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later. Incapacity (2) Where an application for a division of unadjusted pensionable earnings is made under subsection 55(1) or paragraph 55.1(1)(b) or (c) or the Minister receives the prescribed information referred to in paragraph 55.1(1)(a) and the Minister is satisfied, on the basis of evidence provided by or on behalf of a person subject to the division, that (a) the person had been incapable of forming or expressing an intention to make an application or to provide the information to the Minister before the day on which the application was actually made or the information was actually received by the Minister, (b) the person had ceased to be so incapable before that day, and (c) the application was actually made or the information was actually received by the Minister (i) within the period that begins on the day on which the person had ceased to be so incapable and that comprises 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 the person had ceased to be so incapable, the Minister may deem the application to have been made or the information to have been received in the first month in which a division could have taken place or in the month in which 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 individuals who were incapacitated on or after January 1, 1991. 1991, c. 44, s. 9; 2000, c. 12, s. 49
Canada Pension Plan — C-8 56
ighest second additional pensionable earnings for a month by 480. Average monthly pensionable earnings (4.1) For the purposes of subsection (3), the average monthly pensionable earnings of a contributor who is deemed to have become disabled for the purposes of this Act in 1997 is, subject to subsections 48(2) and (4), the amount obtained by dividing (a) the contributor’s total pensionable earnings by (b) the total number of months in the contributor’s contributory period or 24, whichever is greater. Contributory period (5) For the purposes of subsection (4), the contributory period of a contributor is the period (a) commencing January 1, 1966 or when he reaches eighteen years of age, whichever is the later, and (b) ending with the month in which he is determined to have become disabled for the purpose of paragraph 44(1)(b), but excluding (c) any month that was excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, and (d) in relation to any benefits payable under this Act for any month after December, 1977, any month for which the contributor was a family allowance recipient in a year for which the contributor’s base unadjusted pensionable earnings were equal to or less than the contributor’s basic exemption for the year. If division of unadjusted pensionable earnings occurs (6) The amount of the portion of the contributor’s retirement pension that is to be used for the purpose of subparagraph (1)(b)(i), in the case of a contributor in respect of whom a division of unadjusted pensionable earnings takes place either before or after the commencement of the disability pension, if the division reduces the disability pension otherwise payable, is to be calculated by dividing (a) the aggregate of (i) the amount of the portion of the contributor’s retirement pension, which amount is calculated in accordance with subsections (3), (4), (4.1) and (5) before the division, multiplied by the aggregate of (A) the number of months that have been excluded from the contributor’s contributory period under this Act or a provincial pension plan by reason of disability, and (B) the number of months remaining until the month in which the contributor reaches sixty-five years of age, and (ii) the amount of the portion of the contributor’s retirement pension, which amount is calculated in accordance with subsections (3), (4), (4.1) and (5) following the division, multiplied by the number of months in the contributor’s contributory period calculated in accordance with subsection (5) by (b) the aggregate of (i) the number of months that have been excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, (ii) the number of months remaining until the month in which the contributor reaches sixty-five years of age, and (iii) the number of months in the contributor’s contributory period calculated in accordance with subsection (5). R.S., 1985, c. C-8, s. 56; R.S., 1985, c. 30 (2nd Supp.), s. 24; 1991, c. 44, s. 10; 1997, c. 40, s. 74; 2016, c. 14, s. 31
Canada Pension Plan — C-8 57
970, of 1.02 times the Pension Index for the preceding year. Calculation of average monthly pensionable earnings (3) Subject to subsections 48(2), (3) and (4), the average monthly pensionable earnings of a contributor is an amount calculated by dividing his total pensionable earnings by the total number of months in his contributory period or by thirty-six, whichever is greater, and (a) in the case of a contributor to whom a retirement pension was payable for the month in which he died, section 51 applies; or (b) in the case of a contributor to whom no retirement pension was payable for the month in which he died, section 51 applies but the reference therein to the year in which a benefit becomes payable to the contributor shall be read as a reference to the year in which the contributor died. R.S., 1985, c. C-8, s. 57; R.S., 1985, c. 30 (2nd Supp.), s. 25; 1991, c. 44, s. 11; 1997, c. 40, s. 75; 2018, c. 12, s. 382 2024, c. 17, s. 189
Canada Pension Plan — C-8 “48
“48 (1) Subject to subsections (2), (3) and (4), the average monthly pensionable earnings of a contributor are an amount calculated by dividing his total pensionable earnings by the total number of months in his contributory period.”, and
Canada Pension Plan — C-8 58
 is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of (a) the greater of (i) the flat rate benefit payable under subparagraph (1)(a)(i) or (a.1)(i), and (ii) the flat rate benefit payable under the provincial pension plan in respect of disability, and (b) the lesser of (i) the aggregate of (A) the amounts payable under subparagraph (1)(a)(ii) or (a.1)(ii), and (B) the portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and (ii) the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable. Interpretation (9) For the purposes of this section, a survivor first becomes qualified to receive a survivor’s pension in the month following the month in which the survivor first met the criteria of subsection 44(1) in relation to that pension. R.S., 1985, c. C-8, s. 58; R.S., 1985, c. 30 (2nd Supp.), s. 26; 1991, c. 44, s. 12; 1997, c. 40, s. 76; 2000, c. 12, ss. 50, 64; 2016, c. 14, s. 32; 2018, c. 12, s. 383
Canada Pension Plan — C-8 59
Amount of benefit 59 (1) Except in the case of a dependent child described in subparagraph (b)(ii) of the definition dependent child in subsection 42(1), a disabled contributor’s child’s benefit payable to the child of a disabled contributor and an orphan’s benefit payable to the orphan of a contributor, is a basic monthly amount consisting of (a) in the year 1991, one hundred and thirteen dollars and fourteen cents; (b) in the year 1992, the aggregate of (i) one hundred and thirteen dollars and fourteen cents, multiplied by the ratio referred to in subparagraph (c)(ii), and (ii) thirty-five dollars; or (c) in the year 1993 or any subsequent year, an amount calculated by multiplying (i) the amount of the benefit that would have been payable for a month in the year preceding that year by (ii) the ratio that the Pension Index for the year in which the benefit commences to be payable bears to the Pension Index for the year preceding that year. Benefit — part-time student (2) In the case of a dependent child described in subparagraph (b)(ii) of the definition dependent child in subsection 42(1), a disabled contributor’s child’s benefit payable to the child of a disabled contributor and an orphan’s benefit payable to the orphan of a contributor, is a basic monthly amount equal to 50% of the amount that would otherwise be calculated under paragraph (1)(c). R.S., 1985, c. C-8, s. 59; R.S., 1985, c. 30 (2nd Supp.), s. 27; 1991, c. 44, s. 13 2024, c. 17, s. 190
Canada Pension Plan — C-8 59.1
 determined for A in that subsection is the greater of (a) zero, and (b) the amount that is calculated by subtracting the Year’s Maximum Pensionable Earnings for that year  —  multiplied by the number of months in the year before the retirement pension becomes payable and divided by 12  —  from the amount determined under subsection 53.1(1). Calculation of portion of post-retirement benefit (5) Subject to subsections (6) and (7), the amount that is to be used for the purpose of subsection (1) is determined by the formula [(A × F/B) × C × D × E]/12 where A is the amount determined under section 53.2 for the year before the year in which the post-retirement benefit commences to be payable; B is the Year’s Maximum Pensionable Earnings for the year before the year in which the post-retirement benefit commences to be payable; C is 0.00833; D is the Maximum Pensionable Earnings Average for the year in which the post-retirement benefit commences to be payable; E is the adjustment factor referred to in subsection 46(3.1), based on the age of the contributor on January 1 of the year in which the post-retirement benefit commences to be payable; and F is the amount determined by the formula G/H where G is the amount of the earnings referred to in subparagraph 53.2(1)(b)(i), and H is the aggregate of the earnings referred to in subparagraph 53.2(1)(b)(i) and those referred to in subparagraph 53.2(1)(b)(ii). Second additional unadjusted pensionable earnings for year retirement pension becomes payable (6) For the purpose of the calculation under subsection (5), if the contributor’s second additional unadjusted pensionable earnings are earned in the year in which the second additional contributory period ends under paragraph 49.2(c), the amount determined for A in that subsection is the greater of (a) zero, and (b) the amount that is calculated by subtracting the Year’s Additional Maximum Pensionable Earnings for that year  —  multiplied by the number of months in the year before the retirement pension becomes payable and divided by 12  —  from the amount determined under section 53.2. Adjustment factor for contributors  —  70 years of age or older (7) For the purposes of the calculations under subsections (1.1), (3) and (5), if the contributor is 70 years of age or older, the adjustment factor referred to in E in each of those subsections is that of a contributor who is 70 years of age. 2009, c. 31, s. 36; 2016, c. 14, s. 33; 2018, c. 12, s. 384
Canada Pension Plan — C-8 59.2
Amount of benefit 59.2 A post-retirement disability benefit payable to a contributor is a basic monthly amount that is (a) in the case of a benefit payable for a month in the year 2019, an amount calculated by multiplying (i) $485.20 by (ii) the ratio that the Pension Index for 2019 bears to the Pension Index for 2018; and (b) in the case of a benefit payable for a month in the year 2020 or any subsequent year, an amount calculated by multiplying (i) the amount of the benefit that would have been payable for a month in the year preceding that year by (ii) the ratio that the Pension Index for the year in which the benefit is payable bears to the Pension Index for the year preceding that year. 2018, c. 12, s. 385
Canada Pension Plan — C-8 61
Approval of interim benefit 61 (1) Where application is made for a benefit and payment of the benefit would be approved except that the amount of the benefit cannot be finally calculated at the time the approval would otherwise be given, the Minister may approve payment of an interim benefit in such amount as he may fix and payment of the interim benefit may be made in a like manner as if the benefit had been approved. Adjustment to be made when benefit subsequently approved (2) Where an interim benefit has been paid under subsection (1) and payment of a benefit is subsequently approved, (a) if the amount of the interim benefit was less than the amount of the benefit subsequently approved, the beneficiary shall be paid the additional amount that he would have been paid if the benefit had been approved at the time the interim benefit was approved; and (b) if the amount of the interim benefit exceeded the amount of the benefit subsequently approved, the amount paid in excess thereof shall be deducted from subsequent payments of the benefit or otherwise recovered in such manner as the Minister may direct. R.S., c. C-5, s. 60
Canada Pension Plan — C-8 62
Where payment approved after month of commencement 62 (1) Payment of a benefit for each month shall be made at such time during the month as the Minister directs, except that, where payment of a benefit is approved after the end of the month for which the first payment of the benefit is payable under this Part, monthly payments of the benefit shall be made for months commencing with the month following the month in which payment of the benefit is approved and payments of the benefit for months preceding that month for which the benefit is payable under this Part shall be paid in one sum during that month. When benefit deemed to have become payable (2) For the purposes of this Act, where a benefit is payable under this Part commencing with any month, the benefit shall be deemed to have become payable at the beginning of that month. R.S., 1985, c. C-8, s. 62; R.S., 1985, c. 30 (2nd Supp.), s. 29
Canada Pension Plan — C-8 63.1
Subsections do not apply 63.1 (1) Subsections 63(1) and (2) do not apply to a person who remarries after the coming into force of this section. Application for commencement or reinstatement of survivor’s pension (2) Where, before the coming into force of subsection (1), (a) a survivor’s pension that, but for the operation of subsection 63(1), would have become payable to a person did not become payable to the person, or (b) the payment of a survivor’s pension to a person was discontinued under subsection 63(2), and the person is not being paid a survivor’s pension at the time that this section comes into force, an application in writing to the Minister for the commencement or reinstatement, as the case may be, of the survivor’s pension may be made by the person or on behalf of the person by such other person as may be prescribed. Commencement of survivor’s pension (3) On approval by the Minister of an application referred to in subsection (2), a survivor’s pension is payable to the applicant for each month commencing with the later of (a) the month in which this section comes into force, and (b) the eleventh month preceding the month in which the application is received by the Minister. Basic monthly amount of survivor’s pension (4) Where a survivor’s pension becomes payable under this section to a person, the basic monthly amount of the pension shall be calculated in accordance with section 58 as though (a) in the case of a person referred to in paragraph (2)(a), the survivor’s pension that would have become payable to the person but for the operation of subsection 63(1) became payable at the time that it would have become payable but for that subsection; and (b) in the case of a person referred to in paragraph (2)(b), payment of the survivor’s pension to the person had not been discontinued under subsection 63(2). R.S., 1985, c. 30 (2nd Supp.), s. 31
Canada Pension Plan — C-8 64
64 [Repealed, R.S., 1985, c. 30 (2nd Supp.), s. 32]
Canada Pension Plan — C-8 65
Benefit not to be assigned, etc. 65 (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) Notwithstanding subsections (1) and (1.1), where any provincial authority or municipal authority in a province pays a person any advance or assistance or welfare payment for a month or any 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 that benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not exceeding the amount of the advance or assistance or welfare payment paid. Exception (3) Despite subsections (1) and (1.1), if an administrator of a disability income program who is approved by the Minister makes a payment under that program to a person for a month or any portion of a month that would not have been made if a benefit under paragraph 44(1)(b) or (h) had been paid to that person 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 that benefit and pay to the administrator an amount not exceeding the amount of the payment made under that program. R.S., 1985, c. C-8, s. 65; 1991, c. 44, s. 15; 1995, c. 33, s. 29; 1997, c. 40, s. 78; 2018, c. 12, s. 387
Canada Pension Plan — C-8 65.1
where subsection (7) applies, the month in which the non-contributor spouse or the non-contributor common-law partner becomes a contributor, (d) the month in which a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of a marriage is issued, and (e) the month following the month in which the Minister approves a request or requests in writing from both spouses or both common-law partners that the assignment be cancelled. Request for reinstatement (11.1) Where paragraph (11)(e) applies, either spouse or either common-law partner may make a request in writing to the Minister to have the assignment reinstated. When reinstatement effective (11.2) An assignment shall be reinstated on the first day of the month following the month in which the Minister approves the request referred to in subsection (11.1). Notification of assignment (12) On approval by the Minister of an assignment under this section, both spouses or both common-law partners shall be notified in the prescribed manner. R.S., 1985, c. 30 (2nd Supp.), s. 33; 1991, c. 44, s. 16; 1995, c. 33, s. 30; 1997, c. 40, s. 79; 2000, c. 12, s. 52; 2016, c. 14, s. 34
Canada Pension Plan — C-8 (a)
first additional joint contributory period means the period commencing on January 1, 2019 or with the month in which the elder of the two spouses or of the two common-law partners reaches 18 years of age, whichever is later, and ending (a) if both spouses or common-law partners are contributors, with the month in which the later of their respective first additional contributory periods ends; or (b) if only one spouse or common-law partner is a contributor, with the later of (i) the month in which the contributor’s first additional contributory period ends, and (ii) the earlier of the month in which the non-contributor reaches 70 years of age and the month in which an application for an assignment of a retirement pension is approved; ( première période cotisable conjointe supplémentaire )
Canada Pension Plan — C-8 (a)
joint contributory period means the period commencing on January 1, 1966 or with the month in which the elder of the two spouses or of the two common-law partners reaches eighteen years of age, whichever is later, and ending (a) where both spouses or common-law partners are contributors, with the month in which the later of their respective contributory periods ends, or (b) where only one spouse or common-law partner is a contributor, with the later of (i) the month in which the contributor’s contributory period ends, and (ii) the earlier of the month in which the non-contributor reaches seventy years of age and the month in which an application for an assignment of a retirement pension is approved, but excluding, where subsection (6) applies, any month that is excluded from the contributory period of both spouses or common-law partners pursuant to paragraph 49(c) or (d); ( période cotisable conjointe )
Canada Pension Plan — C-8
period of cohabitation has the prescribed meaning, but in all cases shall be deemed to end with the month in which the joint contributory period ends; ( période de cohabitation )
Canada Pension Plan — C-8 (a)
second additional joint contributory period means the period commencing on January 1, 2024 or with the month in which the elder of the two spouses or of the two common-law partners reaches 18 years of age, whichever is later, and ending (a) if both spouses or common-law partners are contributors, with the month in which the later of their respective second additional contributory periods ends; or (b) if only one spouse or common-law partner is a contributor, with the later of (i) the month in which the contributor’s second additional contributory period ends, and (ii) the earlier of the month in which the non-contributor reaches 70 years of age and the month in which an application for an assignment of a retirement pension is approved. ( deuxième période cotisable conjointe supplémentaire )