C-591
Second Session, Forty-first Parliament,
62-63 Elizabeth II, 2013-2014
HOUSE OF COMMONS OF CANADA
BILL C-591
An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits)
first reading, April 9, 2014
Mr. Van Kesteren
412148
SUMMARY
This enactment amends the Canada Pension Plan to prohibit the payment of a survivor’s pension, death benefit or orphan’s benefit to an individual who has been convicted of first or second degree murder of the contributor. It also amends the Old Age Security Act similarly to prohibit the payment of a survivor’s allowance to an individual who has been convicted of first or second degree murder of the pensioner.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
BILL C-591
An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-8
CANADA PENSION PLAN
1. The Canada Pension Plan is amended by adding the following after section 44:
Survivor’s pension, death benefit or orphan's benefit not payable
44.1 (1) Despite section 44, a survivor’s pension, death benefit or orphan’s benefit is not payable to an individual in the following circumstances:
(a) in the case of the survivor’s pension, the individual who otherwise would have been entitled to receive the survivor’s pension as a result of the death of the contributor is not so entitled if the Minister is informed and satisfied that the individual has been convicted of first or second degree murder of the contributor;
(b) in the case of the death benefit, the individual who otherwise would have been entitled to receive the death benefit as a result of the death of the contributor is not so entitled if the Minister is informed and satisfied that the individual has been convicted of first or second degree murder of the contributor; and
(c) in the case of the orphan’s benefit, the individual who otherwise would have been entitled to receive the orphan’s benefit as a result of the death of the contributor is not so entitled if the Minister is informed and satisfied that the individual
(i) has been convicted of first or second degree murder of the contributor,
(ii) has received an adult sentence for that murder, and
(iii) is 18 years of age or older.
Acquittal
(2) If the Minister is informed and satisfied that, on appeal, an individual has been acquitted of first or second degree murder of the contributor and that there will be no further appeal of the acquittal, the individual’s entitlement to the pension or benefit to which they would otherwise have been entitled under this Act shall be reinstated and any amount recovered from the individual shall be repaid.
Conviction outside Canada
(3) If an individual has been convicted by a court outside Canada in respect of an offence that, if it had been committed in Canada, would have constituted first or second degree murder, the Minister may deem that conviction to be a conviction of first or second degree murder for the purposes of this section.
Recovery of pension or benefits
(4) An individual who has received a pension or benefit referred to in this section and in respect of whom the Minister is subsequently informed and satisfied that the individual has been convicted of first or second degree murder of the contributor shall be deemed not to have been entitled to receive such pension or benefit, which shall constitute a debt due to Her Majesty under section 66 and the Minister shall recover those amounts, including any amounts paid before the date of the individual’s conviction.
Conviction prior to coming into force
(5) For greater certainty, this section applies in respect of any first or second degree murder conviction of which the Minister is informed before, on or after the coming into force of this section.
Definition of “first or second degree murder”
(6) For the purpose of this section, “first or second degree murder” means murder within the meaning of section 231 of the Criminal Code.
R.S., c. O-9
OLD AGE SECURITY ACT
2. The Old Age Security Act is amended by adding the following after section 21:
Survivor’s allowance not payable
21.1 (1) Despite section 21, a survivors’ allowance is not payable to an individual who otherwise would have been entitled to receive such an allowance as a result of the death of the pensioner if the Minister is informed and satisfied that the individual has been convicted of first or second degree murder of the pensioner.
Acquittal
(2) If the Minister is informed and satisfied that, on appeal, an individual has been acquitted of first or second degree murder of the pensioner and that there will be no further appeal of the acquittal, the individual’s entitlement to the survivor's allowance to which they would otherwise have been entitled under this Act shall be reinstated and any amount recovered from the person shall be repaid.
Conviction outside Canada
(3) If an individual has been convicted by a court outside Canada in respect of an offence that, if it had been committed in Canada, would have constituted first or second degree murder, the Minister may deem that conviction to be a conviction of first or second degree murder for the purposes of this section.
Recovery of allowance
(4) A person who has received a survivor's allowance referred to in this section and in respect of whom the Minister is subsequently informed and satisfied that he or she has been convicted of first or second degree murder of the pensioner shall be deemed not to have been entitled to receive such an allowance, which shall constitute a debt due to Her Majesty under section 37 and the Minister shall recover those amounts, including any amounts paid before the date of the individual’s conviction.
Conviction prior to coming into force
(5) For greater certainty, this section applies in respect of any first or second degree murder conviction of which the Minister is informed before, on or after the coming into force of this section.
Definition of “first or second degree murder”
(6) For the purpose of this section, “first or second degree murder” means murder within the meaning of section 231 of the Criminal Code.
Published under authority of the Speaker of the House of Commons