Canada Pension Plan Regulations

76 (1) In this section,

authority

authority means any provincial authority or municipal authority in a province that pays any advance or assistance or welfare payment to a person in the province. (autorité)

excess payment

excess payment means the amount of any advance or assistance or welfare payment that was paid by an authority to a person for a month or any portion thereof and that would not have been paid if the benefit that was subsequently payable under the Act to that person in respect of that period had in fact been paid during that period. (paiement excédentaire)

(2) Subject to subsections (3) to (6), the Minister may, where an authority satisfies him that an excess payment has been paid to a person, authorize

• (a) the deduction from the one sum amount payable to that person in accordance with subsection 62(1) of the Act in respect of the period for which the excess payment was paid, and

• (b) the payment to the provincial authority or municipal authority in the province in which the excess payment was paid,

of an amount equal to the amount of the excess payment.

(3) An authority referred to in subsection (2) shall, before any deduction and payment from a benefit payable under the Act to any person is authorized under subsection (2), certify, in a form satisfactory to the Minister,

• (a) the effective date of commencement and the effective date of termination, if applicable, of the advance or assistance or welfare payment;

• (b) the amount that was paid to the person by the authority for the period during which the excess payment occurred or the amount that the authority applies to have reimbursed, whichever is the lesser; and

• (c) the Social Insurance Number of the contributor as a result of whose participation under the Act the benefit is payable.

(4) No deduction and payment in respect of an excess payment shall be authorized pursuant to subsection (2) unless

• (a) the Minister and the appropriate provincial official have concluded an agreement in writing authorizing the deduction and payment;

• (b) the certification required by subsection (3) has been received by the Minister;

• (c) the irrevocable written consent of the person to the deduction and payment by the Minister has been received before the expiry of one year after the date of their signature; and

• (d) the amount of the excess payment is greater than $50.

(5) [Repealed, SOR/96-522, s. 18]

(6) If, for any reason, no deduction has been made under subsection (2) in respect of an excess payment or a deduction and payment have been made in respect of an excess payment in an amount less than the amount that might have been paid in respect thereof under subsection (2), the Minister shall not authorize the deduction and payment of any other amount in respect of that excess payment.