C-262
Second Session, Fortieth Parliament,
57 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-262
An Act to amend the Old Age Security Act (monthly guaranteed income supplement)
first reading, January 27, 2009
Mr. Martin (Winnipeg Centre)
401020
SUMMARY
This enactment amends the Old Age Security Act to allow eligible pensioners to receive a monthly guaranteed income supplement without having to make an application.
It also repeals the restrictions respecting retroactivity. This will entitle eligible pensioners to full retroactivity for the monthly guaranteed income supplement and for allowances.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57 Elizabeth II, 2009
house of commons of canada
BILL C-262
An Act to amend the Old Age Security Act (monthly guaranteed income supplement)
R.S., c. O-9
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The definition “current payment peri­od” in section 10 of the Old Age Security Act is replaced by the following:
“current payment period”« période de paiement en cours »
“current payment period” means the payment period in respect of which a pensioner is entitled to a supplement.
2. (1) Subsections 11(1) and (2) of the Act are replaced by the following:
Supplement payable
11. (1) Subject to this Part and the regulations, the Minister shall pay a monthly guaranteed income supplement to an eligible pensioner.
(2) Subsection 11(3) of the Act is replaced by the following:
Supplement payable where an allowance ceases to be payable
(3) Where an allowance ceases to be payable to a person by reason of that person having reached sixty-five years of age, the Minister shall, if the person is eligible, pay the person a monthly guaranteed income supplement.
(3) Paragraph 11(7)(a) of the Act is replaced by the following:
(a) any month before the month in which the pensioner becomes eligible;
3. Subsection 14(1) of the Act is replaced by the following:
Statement of income
14. (1) A person's entitlement to a supplement shall be based on a statement of the person’s income for the base calendar year.
4. (1) Subsection 15(1) of the Act is replaced by the following:
Information required for supplement
15. (1) To be entitled to a supplement in respect of a payment period, a pensioner shall, if the pensioner has not already done so in the statement of income for the base calendar
year, state whether the pensioner has or had a spouse or common-law partner at any time during the payment period or in the month before the first month of the payment period and, if so, the name and address of the spouse or common-law partner and whether, to the pensioner's knowledge, the spouse or common-law partner is a pensioner.
(2) Subsection 15(2) of the Act is replaced by the following:
Statement by spouse or common-law partner
(2) Subject to subsections (3), (4.1) and (4.2), where a pensioner has or had a spouse or common-law partner at any time during the payment period or in the month before the first month of the payment period, the pensioner’s entitlement to a supplement shall not be determined until such time as
(a) the pensioner’s spouse or common-law partner files a statement in prescribed form of the spouse’s or common-law partner’s income for the base calendar year;
(b) an application for a supplement in respect of the current payment period is received from the pensioner’s spouse or common-law partner; or
(c) the income of the pensioner’s spouse or common-law partner for the base calendar year is estimated under subsection 14(1.1).
5. Subsection 16(1) of the Act is replaced by the following:
Consideration of information or waiver
16. (1) The Minister shall, without delay after receiving the necessary information from the Minister of National Revenue or after waiving the requirement for an application for payment of a supplement under subsection 11(4), as the case may be, consider whether the pensioner is entitled to be paid a supplement, and may approve payment of a supplement and fix the amount of the supplement, or may determine that no supplement may be paid.
6. Section 17 of the Act is replaced by the following:
Payment of supplement to be made in arrears
17. Payment of a supplement for any month shall be made in arrears at the end of the month, except that, where a pensioner’s entitlement to the supplement is determined after the end of the month for which the first payment of the supplement may be made, payments of the supplement for the month in which payment of the supplement is approved and for months before that month may be made at the end of that month or at the end of the month immediately after that month.
7.
Paragraph 19(6)(a) of the Act is replaced by the following:
(a) any month before the month in which the pensioner becomes eligible;
8. Paragraph 21(9)(a) of the Act is replaced by the following:
(a) any month before the month in which the pensioner becomes eligible;
9. Subsection 26(2) of the Act is replaced by the following:
Application of Part II
(2) Sections 16 to 18 apply, with such modifications as the circumstances require, in respect of the supplement payable to the pensioner pursuant to subsection 22(2).
10. Paragraph 34(a) of the Act is replaced by the following:
(a) prescribing the manner of making any statement or notification required or permitted by this Act, the information and evidence to be made available or allowed to be made available in connection therewith and, for the purpose of determining benefits,
(i) establishing the criteria that a pensioner must meet for entitlement to a guaranteed income supplement, and
(ii) establishing a method for determining the amount of supplement to which a pensioner is entitled, the time at which the supplement will be paid, and the manner in which it will be paid;
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada