Canada Pension Plan (R.S.C., 1985, c. C-8)

Marginal note:Duration of payment

76.2 Subject to this Act, a post-retirement benefit shall continue to be paid during the lifetime of the beneficiary and shall cease with the payment for the month in which the beneficiary dies.

DIVISION EPayment of Benefits: Amount Payable Under Canada Pension Plan

Marginal note:Amount of benefit payable under Act

77 Where, by virtue of any provision of this Act other than this section, a benefit is payable under this Act to or in respect of any contributor, notwithstanding anything in this Part except as provided in section 80, the amount of the benefit that is payable under this Act is an amount equal to that proportion of the amount of the benefit payable to or in respect of the contributor, calculated as provided in this Part without regard to this section, that

• (a) the aggregate of the contributor’s total pensionable earnings, total first additional pensionable earnings and total second additional pensionable earnings attributable to contributions made under this Act,

is to

• (b) the aggregate of the contributor’s total pensionable earnings, total first additional pensionable earnings and total second additional pensionable earnings.

Marginal note:Total pensionable earnings attributable to base contributions made under Act

78 The total pensionable earnings of a contributor attributable to base contributions made under this Act are an amount equal to the amount that their total pensionable earnings would be if the base unadjusted pensionable earnings of the contributor for a year were that proportion of their base unadjusted pensionable earnings for the year that

• (a) the contributor’s earnings on which a base contribution has been made for the year under this Act, calculated as provided in subparagraph 53(1)(b)(i),

are of

• (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a base contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53(1)(b)(ii).

Marginal note:Total first additional pensionable earnings attributable to first additional contributions made under Act

78.1 The total first additional pensionable earnings of a contributor attributable to first additional contributions made under this Act are an amount equal to the amount that their total first additional pensionable earnings would be if the first additional unadjusted pensionable earnings of the contributor for a year were that proportion of their first additional unadjusted pensionable earnings for the year that

• (a) the contributor’s earnings on which a first additional contribution has been made for the year under this Act, calculated as provided in subparagraph 53.1(1)(b)(i),

are of

• (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a first additional contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53.1(1)(b)(ii).

Marginal note:Total second additional pensionable earnings attributable to second additional contributions made under Act

78.2 The total second additional pensionable earnings of a contributor attributable to second additional contributions made under this Act are an amount equal to the amount that their total second additional pensionable earnings would be if the second additional unadjusted pensionable earnings of the contributor for a year were that proportion of their second additional unadjusted pensionable earnings for the year that

• (a) the contributor’s earnings on which a second additional contribution has been made for the year under this Act, calculated as provided in subparagraph 53.2(1)(b)(i),

are of

• (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a second additional contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53.2(1)(b)(ii).

Marginal note:Total pensionable earnings attributable to base contributions made under Act as a result of division

79 For a year of a division as determined under section 55 or 55.1 and under a provincial pension plan, the total pensionable earnings of a contributor attributable to base contributions made under this Act are an amount equal to the amount that their total pensionable earnings would be if the base unadjusted pensionable earnings of the contributor for the year were that proportion of their base unadjusted pensionable earnings for the year that

• (a) their base unadjusted pensionable earnings attributed under subsection 55(4) or 55.2(5)

are of

• (b) their total base unadjusted pensionable earnings for the year determined under subsection 55(5) or 55.2(6).

Marginal note:Total first additional pensionable earnings attributable to first additional contributions made under Act as a result of division

79.1 For a year of a division as determined under section 55.1 and under a provincial pension plan, the total first additional pensionable earnings of a contributor attributable to first additional contributions made under this Act are an amount equal to the amount that their total first additional pensionable earnings would be if the first additional unadjusted pensionable earnings of the contributor for the year were that proportion of their first additional unadjusted pensionable earnings for the year that

• (a) their first additional unadjusted pensionable earnings attributed under subsection 55.2(5.1)

are of

• (b) their total first additional unadjusted pensionable earnings for the year determined under subsection 55.2(6.1).

Marginal note:Total second additional pensionable earnings attributable to second additional contributions made under Act as a result of division

79.2 For a year of a division as determined under section 55.1 and under a provincial pension plan, the total second additional pensionable earnings of a contributor attributable to second additional contributions made under this Act are an amount equal to the amount that their total second additional pensionable earnings would be if the second additional unadjusted pensionable earnings of the contributor for the year were that proportion of their second additional unadjusted pensionable earnings for the year that

• (a) their second additional unadjusted pensionable earnings attributed under subsection 55.2(5.2)

are of

• (b) their total second additional unadjusted pensionable earnings for the year determined under subsection 55.2(6.2).

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

DIVISION FReconsiderations and Appeals

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.