Pension Act (R.S.C., 1985, c. P-6)

Marginal note:Limitation

• 76 (1) Notwithstanding anything in this Part, the amount of any pension or allowance that may be paid to a person for a month in any calendar year shall not, by reason only of this Part, be less than the amount of the pension or allowance that was or may be paid to that person for any month in the immediately preceding calendar year.

• Marginal note:No adjustment when Consumer Price Index is lower

  (2) Notwithstanding anything in this Part, if, in relation to a calendar year, the Consumer Price Index for the first adjustment year is lower than the Consumer Price Index for the second adjustment year,

  • (a) no adjustment shall be made by virtue of paragraph 75(1)(a) in respect of that calendar year; and

  • (b) no adjustment shall be made by virtue of that paragraph in respect of any subsequent calendar year until, in relation to a subsequent calendar year, the Consumer Price Index for the first adjustment year that relates to that subsequent calendar year is higher than the Consumer Price Index for the second adjustment year that relates to the calendar year referred to in paragraph (a), in which case the second adjustment year that relates to the calendar year referred to in paragraph (a) is deemed to be the second adjustment year that relates to that subsequent calendar year.

Marginal note:Where basis of Consumer Price Index changed

77 Where at any time the Consumer Price Index is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index for any twelve-month period that is used for the purpose of calculating the amount of any pension or allowance that may be paid.

Marginal note:Reference to Schedules I and II

78 A reference in subsection 33(2) of the Royal Canadian Mounted Police Superannuation Act to Schedules I and II of this Act shall be construed as a reference to the rates set out in those Schedules as increased by virtue of this Part.

PART VIProcedure

Marginal note:Definitions

79 In this Part,

Assessment Board

Assessment Board means two members of the Commission designated under section 87 of the former Act; (comité d’évaluation)

Commission

Commission means the Canadian Pension Commission established by section 5 of the former Act; (Commission)

Entitlement Board

Entitlement Board means an Entitlement Board established under section 91 of the former Act; (comité d’examen)

former Act

former Act means the Pension Act, as it read immediately before the day on which section 73 of An Act to establish the Veterans Review and Appeal Board, to amend the Pension Act, to make consequential amendments to other Acts and to repeal the Veterans Appeal Board Act comes into force. (loi antérieure)

Marginal note:Application

• 80 (1) Subject to subsection (2), no award is payable to a person unless an application has been made by or on behalf of the person and payment of the award has been approved under this Act.

• Marginal note:Exception

  (2) A survivor or child of a deceased member of the forces who, at the time of the member’s death,

  • (a) was living with the member, and

  • (b) was a person in respect of whom an additional pension was being paid to the member

  need not make an application in respect of a pension referred to in paragraph 21(1)(i) or (2)(d) or subsection 34(6), (7) or (11) or 45(2), (2.1), (3), (3.01) or (3.1) or an allowance referred to in subsection 38(3) or 72(5).

Marginal note:Waiver of requirement for application

• 80.1 (1) The Minister may waive the requirement for an application for an award if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the award if they were to apply for it.

• Marginal note:Notice of intent

  (2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person, orally or in writing, of that intention.

• Marginal note:Accepting waiver

  (3) The person may accept to have the requirement for an application waived by notifying the Minister, orally or in writing, of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.

• Marginal note:Date of waiver

  (4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.

• Marginal note:Minister may require application

  (5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.

• Marginal note:Waiver cancelled

  (6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.

Marginal note:Effect of waiver

• 80.2 (1) If the requirement for an application for an award is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.

• Marginal note:Effect of cancelling waiver

  (2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.

Marginal note:Application made to Minister

• 81 (1) Every application must be made to the Minister.

• Marginal note:Consideration of applications

  (2) The Minister shall consider an application without delay after its receipt and shall

  • (a) where the Minister is satisfied that the applicant is entitled to an award, determine the amount of the award payable and notify the applicant of the decision; or

  • (b) where the Minister is not satisfied that the applicant is entitled to an award, refuse to approve the award and notify the applicant of the decision.

• Marginal note:Counselling service

  (3) The Minister shall, on request,

  • (a) provide a counselling service to applicants and pensioners with respect to the application of this Act to them; and

  • (b) assist applicants and pensioners in the preparation of applications.

Marginal note:Review of decisions

• 82 (1) Subject to subsection (2), the Minister may, on the Minister’s own motion, review a decision made by the Minister or the Commission and may either confirm the decision or amend or rescind the decision if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or may do so on application if new evidence is presented to the Minister.

• Marginal note:Exception

  (2) Subsection (1) does not apply with respect to a decision made by an Assessment Board or Entitlement Board under the former Act.

Definition of overpayment

• 83 (1) In this section, overpayment, in relation to any period, means

  • (a) an award payment that was paid to a person in respect of that period and to which the person had no entitlement; or

  • (b) if an award payment was paid to a person in respect of that period that was in excess of the amount of the award payment to which the person was entitled, the amount of that excess.

• Marginal note:Recovery of overpayments

  (2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and

  • (a) may be recovered by deduction from any future payments made pursuant to this Act to that person or to that person’s estate or succession;

  • (b) may be recovered in accordance with section 155 of the Financial Administration Act; and

  • (c) may be recovered in any court of competent jurisdiction.

• Marginal note:Remission of overpayments

  (3) If a person has received or obtained an overpayment and the Minister is satisfied that

  • (a) the overpayment cannot be recovered within the reasonably foreseeable future,

  • (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,

  • (c) repayment of the overpayment would cause undue hardship to the person, or

  • (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant,

  the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.

• Marginal note:Erroneous awards

  (4) Notwithstanding anything in this Act, the Minister may continue payment of an award, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

  • (a) the amount paid to the person to which the person was not entitled is the result of an administrative error, delay or oversight on the part of a public servant and has been remitted pursuant to paragraph (3)(d);

  • (b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;

  • (c) cancellation or reduction of the award would, in the opinion of the Minister, cause undue hardship to the person; and

  • (d) the award has been paid to the person for five years or more.

• Marginal note:Recovery from survivor or surviving dependant

  (5) Where a survivor or surviving dependant of a deceased member of the forces retains any amount of the member’s award paid after the last day of the month in which the member died, that amount may be deducted from any award granted to the survivor or surviving dependant.

Marginal note:Review

84 An applicant who is dissatisfied with a decision made by the Minister under this Act, except under section 83, or under subsection 34(5) of the Veterans Review and Appeal Board Act, may apply to the Veterans Review and Appeal Board for a review of the decision.