GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Pension Plan — C-8 80
Agreements with provinces 80 (1) Notwithstanding section 77, the Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement with the appropriate authority of a province providing a comprehensive pension plan to provide for the administration and coordination of this Act and the provincial pension plan in respect of persons who are contributors under this Act or the provincial plan or both, including, without limiting the generality of the foregoing, (a) the determination and payment of any benefit, or portion thereof, payable under this Act or under the provincial pension plan; (b) the determination, processing and approval of divisions of unadjusted pensionable earnings under this Act and under the provincial pension plan; (c) the determination, processing and approval of applications for assignments, under this Act or under the provincial pension plan, of a retirement pension to the spouse or common-law partner of a contributor; (d) the exchange of such information obtained under this Act or under the provincial pension plan as is necessary to give effect to the agreement; and (e) the payment under this Act in accordance with the agreement of the whole amount of any benefit payable to or in respect of a contributor, calculated as provided in this Part without regard to section 77, in which case the whole amount of that benefit shall be deemed to be payable under this Act to or in respect of that contributor. Saving (2) Where, in accordance with any agreement entered into under subsection (1), the whole amount of any benefit payable to or in respect of a contributor, calculated in a manner similar to that described in paragraph (1)(e), is payable under the provincial pension plan referred to in that subsection, the whole amount of that benefit shall be deemed to be payable under the provincial pension plan to or in respect of that contributor. Provision for making of financial adjustments (3) Any agreement entered into under subsection (1) may provide for the making of any financial adjustments required to be made by reason of any payments made to or in respect of a contributor in accordance with that agreement, and for the crediting or charging of the amount of those adjustments to the Canada Pension Plan Account or the Additional Canada Pension Plan Account, as the case may be. R.S., 1985, c. C-8, s. 80; R.S., 1985, c. 30 (2nd Supp.), s. 44; 2000, c. 12, s. 58; 2016, c. 14, s. 38
Canada Pension Plan — C-8 80.1
Agreements respecting the apportionment of payments 80.1 (1) The Minister may, with the approval of the Governor in Council, on behalf of the Government of Canada enter into an agreement with any person or body responsible for the administration of (a) any other Act of Parliament, (b) an Act of the legislature of a province, or (c) a federal or provincial activity established other than under an Act of Parliament or of the legislature of a province, that provides for periodic payments to persons in respect of accidents, injuries, illnesses and occupational diseases for the purpose of limiting the total amount that is payable to a beneficiary as a disability benefit under this Act and as periodic payments under that other law or activity. Apportionment of payments (2) The agreement shall provide rules for determining how much, if any, of the total amount payable to a beneficiary shall be payable under this Act and how much, if any, shall be payable under that other law or activity. Effect of agreement (3) Notwithstanding anything in this Act, but subject to subsection (4), where an agreement entered into pursuant to subsection (1) applies in respect of a beneficiary, the only amounts that may be payable as disability benefits to the beneficiary under this Act are the amounts provided for by the agreement. Limitation (4) An agreement may not (a) change a person’s eligibility to receive a benefit as a disabled contributor’s child or the amount of that benefit; (b) change the determination of months that are excluded from a beneficiary’s contributory period by reason of disability; (c) result in a beneficiary receiving, in respect of any month, disability benefits under this Act and payments under the other law or activity that are less than the disability benefits that would be otherwise payable under this Act for the month if there were no such agreement; or (d) result in a beneficiary receiving, in respect of any month, disability benefits under this Act that are greater than the disability benefits that would otherwise be payable under this Act if there were no agreement. 1997, c. 40, s. 83
Canada Pension Plan — C-8 81
Appeal to Minister 81 (1) Where (a) a spouse, former spouse, common-law partner, former common-law partner or estate is dissatisfied with any decision made under section 55, 55.1, 55.2 or 55.3, (b) an applicant is dissatisfied with any decision made under section 60, (c) a beneficiary is dissatisfied with any determination as to the amount of a benefit payable to the beneficiary or as to the beneficiary’s eligibility to receive a benefit, (d) a beneficiary or the beneficiary’s spouse or common-law partner is dissatisfied with any decision made under section 65.1, or (e) a person who made a request under section 70.1, a child of that person or, in relation to that child, a person or agency referred to in section 75 is dissatisfied with any decision made under section 70.1, the dissatisfied party or, subject to the regulations, any person on behalf thereof may, within ninety days after the day on which the dissatisfied party was notified in the prescribed manner of the decision or determination, or within such longer period as the Minister may either before or after the expiration of those ninety days allow, make a request to the Minister in the prescribed form and manner for a reconsideration of that decision or determination. Reconsideration where penalty assessed (1.1) A person to whom a penalty has been assessed under section 90.1 or, subject to the regulations, any person on their behalf, who is dissatisfied with the decision to impose a penalty or with the amount of the penalty may, within 90 days after the day on which the person is notified in the prescribed manner of the decision or determination, or within any longer period that the Minister may, either before or after the expiration of those 90 days, allow, request, in the prescribed form and manner, that the Minister reconsider that decision or determination. Reconsideration by Minister and decision (2) The Minister shall reconsider without delay any decision or determination referred to in subsection (1) or (1.1) and may confirm or vary it, and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable, and shall notify in writing the party who made the request under subsection (1) or (1.1) of the Minister’s decision and of the reasons for it. Rescission or amendment of decision (3) The Minister may, on new facts, rescind or amend a decision made by him or her under this Act. R.S., 1985, c. C-8, s. 81; R.S., 1985, c. 30 (2nd Supp.), s. 45; 1991, c. 44, s. 20; 1995, c. 33, s. 34; 1997, c. 40, s. 84; 2000, c. 12, s. 59; 2004, c. 22, s. 21; 2012, c. 19, s. 228
Canada Pension Plan — C-8 82
Appeal to Social Security Tribunal 82 A party who is dissatisfied with a decision of the Minister made under section 81, 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 . R.S., 1985, c. C-8, s. 82; R.S., 1985, c. 30 (2nd Supp.), s. 45; 1991, c. 44, s. 21; 1995, c. 33, s. 35; 1997, c. 40, s. 85; 2000, c. 12, ss. 60, 64; 2010, c. 12, s. 1668; 2012, c. 19, s. 229; 2013, c. 40, s. 236
Canada Pension Plan — C-8 83
Stay of benefits pending judicial review 83 If a decision is made by the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act in respect of a benefit, the Minister may stay payment of the benefit until the latest of (a) the expiry of the period allowed for making an application for leave to appeal to the Appeal Division of that Tribunal, (b) the expiry of the period allowed for making an application under the Federal Courts Act for judicial review of the decision, and (c) if 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. C-8, s. 83; R.S., 1985, c. 41 (1st Supp.), s. 12, c. 27 (2nd Supp.), s. 7, c. 30 (2nd Supp.), s. 45; 1991, c. 44, s. 22; 1995, c. 33, s. 36; 1997, c. 40, s. 85.1; 2000, c. 12, ss. 61, 64; 2002, c. 8, s. 121; 2010, c. 12, s. 1669; 2012, c. 19, s. 229; 2013, c. 40, s. 236
Canada Pension Plan — C-8 87
Census information 87 Subject to such conditions as may be prescribed, for the purpose of ascertaining the age of any applicant or beneficiary, or of an applicant’s or a beneficiary’s spouse or common-law partner or former spouse or former common-law partner, the Minister is entitled to obtain from Statistics Canada, on request, any information respecting that person’s age that is contained in the returns of any census taken more than thirty years before the date of the request. R.S., 1985, c. C-8, s. 87; R.S., 1985, c. 30 (2nd Supp.), s. 47; 2000, c. 12, s. 62
Canada Pension Plan — C-8 88
Presumption as to death 88 (1) Where a contributor or beneficiary, or a contributor’s or beneficiary’s spouse or common-law partner or former spouse or former common-law partner, has, either before or after the coming into force of this section, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act on which that person’s death is presumed to have occurred, and thereupon that person shall be deemed for all purposes of this Act to have died on that date. Change of date (2) If, after having determined the date of a person’s death pursuant to subsection (1), the Minister is satisfied from new information or evidence that the date of death is different from that determined, the Minister may determine a different date of death, in which case the person shall be deemed for all purposes of this Act to have died on that different date and the Minister shall forthwith cause to be paid any benefit that would have been payable if the determination of death had not been made. Where person appears (3) If, after having determined the date of a person’s death pursuant to subsection (1), the Minister is satisfied from new information or evidence that the person is alive, the Minister shall forthwith cause to be paid any benefit that would have been payable in respect of the person had that determination not been made. Benefits cease (4) Where any benefit has been paid to any person as a result of the determination of another person’s death pursuant to this section and the Minister is satisfied from new information or evidence that that other person is alive, the benefit shall forthwith cease to be payable and any such benefit paid prior to the Minister’s being satisfied that the person is alive shall be deemed to have been validly paid. Death certificates issued by other authorities (5) For the purposes of this section, the Minister is not bound by the issuance or revocation of a death certificate by any other authority. R.S., 1985, c. C-8, s. 88; R.S., 1985, c. 30 (2nd Supp.), s. 48; 2000, c. 12, s. 63
Canada Pension Plan — C-8 89
vincial pension plan to or in respect of the same contributor, or for the payment by other means by the Government of Canada of such an amount, if arrangements satisfactory to the Governor in Council have been made with the government of that province for the issue of cheques, or for the payment by other means, by that government on a reciprocal basis and for the making of any financial adjustments by that government required to be made by reason of those arrangements, and providing for the making of any financial adjustments by the Government of Canada required to be made by reason of those arrangements and for the crediting or charging of the amount of the adjustments to the Canada Pension Plan Account or the Additional Canada Pension Plan Account, as the case may be; (k) [Repealed, 2018, c. 12, s. 399] (l) providing for the conditions under which the payment of benefits may be withheld pending the furnishing of the Minister with information, evidence and documentation required under this Act and the regulations; (l.1) and (l.2) [Repealed, 2012, c. 19, s. 230] (m) generally for carrying out the purposes and provisions of this Part. Regulations — payment of interest (2) The Governor in Council may make regulations respecting the payment of interest on amounts owing to Her Majesty under this Part, 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. (3) [Repealed, 2012, c. 19, s. 230] R.S., 1985, c. C-8, s. 89; R.S., 1985, c. 30 (2nd Supp.), s. 49; 1991, c. 44, s. 23; 1995, c. 33, s. 39; 2004, c. 22, s. 22; 2007, c. 11, s. 5; 2012, c. 19, s. 230; 2016, c. 14, s. 39; 2018, c. 12, s. 399
Canada Pension Plan — C-8 90
Offence and punishment 90 (1) Every person who (a) knowingly makes a false or misleading statement in any application or declaration or makes any application or declaration that by reason of any non-disclosure of facts is false or misleading, or obtains any benefit payment by false pretences, (b) being the payee thereof, negotiates or attempts to negotiate any cheque for a benefit to which he is not entitled, or (c) knowingly fails to return any cheque or the amount of any benefit payment or any excess amount as required by section 66, is guilty of an offence punishable on summary conviction. Limitation period (2) Any proceedings under this Act in respect of an offence may be commenced at any time within, but not later than, five years after the Minister becomes aware of the subject-matter of the proceedings. Saving (3) No proceeding shall be commenced under this section or the Criminal Code for an act or omission if a penalty for that act or omission has been imposed under section 90.1. R.S., 1985, c. C-8, s. 90; 1991, c. 44, s. 24; 1997, c. 40, s. 86
Canada Pension Plan — C-8 90.1
Penalty for misrepresentation, etc. 90.1 (1) The Minister may impose on a person a penalty for each of the following acts or omissions if the Minister becomes aware of facts that in the Minister’s opinion establish that the person has (a) made a statement or declaration, in an application or otherwise, that the person knew was false or misleading; (b) made a statement or declaration, in an application or otherwise, that the person knew was false or misleading because of the non-disclosure of facts; (c) knowingly failed to declare to the Minister all or some of the person’s earnings for a period for which the person received disability benefits; (d) received or obtained by cheque or otherwise a benefit payment to which the person knew that they were not entitled, or a benefit payment that the person knew was in excess of the amount of the benefit payment to which they were entitled, and did not return the cheque or the amount of the benefit payment, or the excess amount, as the case may be, without delay; or (e) participated in, assented to or acquiesced in an act or omission mentioned in any of paragraphs (a) to (d). Purpose of penalty (1.1) The purpose of the penalty is to promote compliance with this Act and not to punish. Maximum penalty (2) The Minister may set the amount of the penalty for each act or omission at not more than $10,000. Limitation on imposition of penalties (3) A penalty shall not be imposed on a person under subsection (1) if (a) a prosecution for the act or omission has been initiated against the person; or (b) five years have passed since the day on which the Minister became aware of the act or omission. Rescission, etc., of penalty (4) The Minister may rescind the imposition of a penalty under subsection (1), or reduce the penalty, (a) on the presentation of new facts; (b) on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact; (c) on being satisfied that the penalty cannot be collected within the reasonably foreseeable future; or (d) on being satisfied that payment of the penalty would cause undue hardship to the debtor. 1997, c. 40, s. 87; 2007, c. 11, s. 7
Canada Pension Plan — C-8 90.2
son, in this section referred to as a “third party”, a requirement under subsection (6) to provide information or a document relating to one or more unnamed persons unless the Minister first obtains the authorization of a judge under subsection (8). Judicial authorization (8) On ex parte application by the Minister, a judge may, subject to the conditions that the judge considers appropriate, authorize the Minister to impose on a third party a requirement under subsection (6) relating to one or more unnamed persons, in this section referred to as the “group”, where the judge is satisfied by information on oath that (a) the person or group is ascertainable; and (b) the requirement is made to verify compliance by the person or persons in the group with a duty or obligation under this Act. Service of authorization (9) Where an authorization is granted under subsection (8), the authorization shall be served together with the notice referred to in subsection (6). Review of authorization (10) Where an authorization is granted under subsection (8), a third party on whom a notice is served under subsection (6) may, not later than 15 days after the service of the notice, apply to the judge who granted the authorization or, if that judge is unable to act, to another judge of the same court for a review of the authorization. Powers on review (11) On hearing an application under subsection (10), a judge may cancel the authorization previously granted if the judge is not then satisfied that the conditions in paragraphs (8)(a) to (d) have been met, and the judge may confirm or vary the authorization if the judge is satisfied that those conditions have been met. Copies as evidence (12) Where a document is inspected, examined or provided in accordance with this section, the person by whom it is inspected or examined or to whom it is provided may make, or cause to be made, one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way. Compliance (13) No person shall interfere with any person doing anything that the person is authorized under this section to do or prevent or attempt to prevent any person from doing any such thing. 1997, c. 40, s. 87
Canada Pension Plan — C-8
document includes moneys, securities, books, records, letters, accounts, statements (financial or otherwise), correspondence, memoranda, film, microform, videotape, photographs, machine-readable records and other documentary material, regardless of form or characteristics, and any copy or printout of any of them. ( document )
Canada Pension Plan — C-8 (a)
dwelling-house means the whole or a part of a building or structure that is kept or occupied as a permanent or temporary residence and includes (a) a building within the yard of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence. ( maison d’habitation )
Canada Pension Plan — C-8 91
Definitions 91 The following definitions apply in this Part. additional Canada Pension Plan means the part of the Canada Pension Plan relating to the portions of benefits that are referred to in paragraphs 46(1)(b) and (c), subparagraphs 56(1)(b)(ii) and (iii), clauses 58(1)(a)(ii)(B) and (C) and (a.1)(ii)(B) and (C), subparagraphs 58(1)(b)(ii) and (iii) and subsections 59.1(3) and (5) and all contributions in respect of those portions of benefits. ( régime de pensions supplémentaire du Canada ) base Canada Pension Plan means the part of the Canada Pension Plan relating to benefits and contributions under this Act, other than the portions of those benefits and contributions that are included in the additional Canada Pension Plan. ( régime de pensions de base du Canada ) Investment Board means the Canada Pension Plan Investment Board established by section 3 of the Canada Pension Plan Investment Board Act . ( Office ) Minister means the Minister of Employment and Social Development. ( ministre ) R.S., 1985, c. C-8, s. 91; 1996, c. 11, s. 95; 2003, c. 5, s. 1; 2005, c. 35, s. 67; 2012, c. 19, s. 694; 2013, c. 40, s. 238; 2016, c. 14, s. 40; 2018, c. 12, s. 400
Canada Pension Plan — C-8
additional Canada Pension Plan means the part of the Canada Pension Plan relating to the portions of benefits that are referred to in paragraphs 46(1)(b) and (c), subparagraphs 56(1)(b)(ii) and (iii), clauses 58(1)(a)(ii)(B) and (C) and (a.1)(ii)(B) and (C), subparagraphs 58(1)(b)(ii) and (iii) and subsections 59.1(3) and (5) and all contributions in respect of those portions of benefits. ( régime de pensions supplémentaire du Canada )
Canada Pension Plan — C-8
base Canada Pension Plan means the part of the Canada Pension Plan relating to benefits and contributions under this Act, other than the portions of those benefits and contributions that are included in the additional Canada Pension Plan. ( régime de pensions de base du Canada )
Canada Pension Plan — C-8
Investment Board means the Canada Pension Plan Investment Board established by section 3 of the Canada Pension Plan Investment Board Act . ( Office )
Canada Pension Plan — C-8
Minister means the Minister of Employment and Social Development. ( ministre )
Canada Pension Plan — C-8 92
Administration of Act 92 (1) The Minister has the control and direction of the administration of this Act other than Part I. Duties of Minister of National Revenue (2) The Minister of National Revenue has the control and direction of the administration of Part I and shall from time to time each year report to the Minister (a) such information obtained under this Act with respect to the earnings and contributions of any contributor as is required by the Minister to permit the calculation of the amount of the unadjusted pensionable earnings to be shown to the account of the contributor in the Record of Earnings established under section 95, and to identify in the Record of Earnings the unadjusted pensionable earnings of contributors, according to information contained in returns made pursuant to Part I; (b) such information obtained with respect to the earnings of any person as is required by the Minister to permit the determination of the amount of any benefit that may be payable under this Act to or in respect of that person or of the amount of any benefit that may be payable to or in respect of that person by reason of which any financial adjustment may be required to be made pursuant to any agreement entered into under subsection 80(1); and (c) such statistical and other general information as is necessary for the administration of this Act including the conduct of actuarial and other studies relating to the operation of this Act. Information provided by Minister of National Revenue (3) Despite any other Act or law, the Minister of National Revenue or any person that he or she designates may make available to the Minister a report providing information that is necessary for the purpose of policy analysis, research or evaluation related to the administration of this Act. R.S., 1985, c. C-8, s. 92 2023, c. 26, s. 280