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Canada Pension Plan

Version of section 42 from 2013-12-12 to 2024-05-01:


Marginal note:Definitions

  •  (1) In this Part,

    basic number of contributory months

    basic number of contributory months, in the case of any contributor, means one hundred and twenty minus the number of months that were excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability; (nombre de base des mois cotisables)

    child

    child of a contributor means a child of the contributor, whether born before or after the contributor’s death, and includes

    • (a) an individual adopted legally or in fact by the contributor while the individual was under twenty-one years of age, and

    • (b) an individual of whom, either legally or in fact, the contributor had, or immediately before the individual reached twenty-one years of age did have, the custody and control,

    but does not include a child of the contributor who is adopted legally or in fact by someone other than the contributor or the contributor’s spouse or common-law partner prior to the death or disability of the contributor, unless the contributor was maintaining the child, as defined by regulation; (enfant)

    dependent child

    dependent child of a contributor means a child of the contributor who

    • (a) is less than eighteen years of age,

    • (b) is eighteen or more years of age but less than twenty-five years of age and is in full-time attendance at a school or university as defined by regulation, or

    • (c) is a child other than a child described in paragraph (b), is eighteen or more years of age and is disabled, having been disabled without interruption since the time he reached eighteen years of age or the contributor died, whichever occurred later; (enfant à charge)

    disabled contributor’s child

    disabled contributor’s child or any form of that expression of like import means a dependent child of a contributor who is disabled, but does not include a dependent child described in paragraph (c) of the definition dependent child in this section; (enfant d’un cotisant invalide)

    family allowance recipient

    family allowance recipient means a person who received or is in receipt of an allowance or a family allowance pursuant to the Family Allowances Act, chapter F-1 of the Revised Statutes of Canada, 1970, as it read immediately before being repealed or the Family Allowances Act for that period prior to a child reaching seven years of age, and such other persons as may be prescribed by regulation; (bénéficiaire d’une allocation familiale)

    Maximum Pensionable Earnings Average

    Maximum Pensionable Earnings Average, in respect of a contributor for a year, means the average of the Year’s Maximum Pensionable Earnings for that year and

    • (a) where the year is before 1998 or the date of birth of the contributor is before January 1, 1933, the two previous years, or

    • (b) in any other case,

      • (i) where the year is 1998, the three previous years, and

      • (ii) where the year is after 1998, the four previous years; (maximum moyen des gains ouvrant droit à pension)

    Minister

    Minister means the Minister of Employment and Social Development; (ministre)

    orphan

    orphan of a contributor means a dependent child of a contributor who has died but does not include a dependent child described in paragraph (c) of the definition dependent child; (orphelin)

    substantially gainful

    substantially gainful, in respect of an occupation, has the meaning that may be prescribed; (véritablement rémunératrice)

    surviving spouse with dependent children

    surviving spouse with dependent children[Repealed, 2000, c. 12, s. 44]

    survivor

    survivor, in relation to a deceased contributor, means

    • (a) if there is no person described in paragraph (b), a person who was married to the contributor at the time of the contributor’s death, or

    • (b) a person who was the common-law partner of the contributor at the time of the contributor’s death; (survivant)

    survivor with dependent children

    survivor with dependent children means a survivor of a contributor who wholly or substantially maintains one or more dependent children of the contributor; (survivant avec enfant à charge)

    wholly or substantially

    wholly or substantially has such meaning as may be prescribed. (entièrement ou dans une large mesure)

  • Marginal note:When person deemed disabled

    (2) For the purposes of this Act,

    • (a) a person shall be considered to be disabled only if he is determined in prescribed manner to have a severe and prolonged mental or physical disability, and for the purposes of this paragraph,

      • (i) a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable regularly of pursuing any substantially gainful occupation, and

      • (ii) a disability is prolonged only if it is determined in prescribed manner that the disability is likely to be long continued and of indefinite duration or is likely to result in death; and

    • (b) a person is deemed to have become or to have ceased to be disabled at the time that is determined in the prescribed manner to be the time when the person became or ceased to be, as the case may be, disabled, but in no case shall a person — including a contributor referred to in subparagraph 44(1)(b)(ii) — be deemed to have become disabled earlier than fifteen months before the time of the making of any application in respect of which the determination is made.

  • R.S., 1985, c. C-8, s. 42
  • R.S., 1985, c. 30 (2nd Supp.), s. 12
  • 1992, c. 1, s. 23
  • 1996, c. 11, s. 95
  • 1997, c. 40, s. 68
  • 2000, c. 12, s. 44
  • 2005, c. 35, s. 67
  • 2009, c. 31, s. 31
  • 2012, c. 19, s. 694, c. 31, s. 194
  • 2013, c. 40, s. 238

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