Canada Pension Plan Disability Pension, Post-retirement Disability Benefit, Disabled Contributor’s Child’s Benefit and Retirement Pension Overpayments Remission Order (SI/2024-66)

Marginal note:Definition of Minister

1 In this Order, Minister means the Minister of Employment and Social Development.

Marginal note:Disability pension or post-retirement disability benefit

• 2 (1) Remission of the amount determined under subsection (2) is granted to any person who received a disability pension or a post-retirement disability benefit after that pension or benefit ceased to be payable to them under subsection 70(1) or section 70.02, respectively, of the Canada Pension Plan if

  • (a) the Minister received information before July 1, 2022 indicating that a determination ought to be made as to whether, before January 1, 2021, the pension or benefit had ceased to be payable;

  • (b) the Minister did not, before November 1, 2023, advise the person of any determination made, following the Minister’s receipt of the information referred to in paragraph (a), as to whether the pension or benefit had ceased to be payable;

  • (c) during the period starting on November 1, 2023 and ending on March 31, 2025, the Minister sent the person a letter advising them that it had been determined that the pension or benefit had ceased to be payable to them and indicating the month in which it ceased to be payable; and

  • (d) the person did not commit fraud or knowingly make a false or misleading statement or declaration in relation to their eligibility for the pension or benefit.

• Marginal note:Amount remittted

  (2) The amount to be remitted is equal to the total amount of all disability pension or post-retirement disability benefit payments made to the person for any month after the month in which the pension or benefit ceased to be payable, as indicated in the letter referred to in paragraph (1)(c) or as determined, as the case may be, as a result of one of the following:

  • (a) a decision of the Minister under section 81 of the Canada Pension Plan;

  • (b) a decision of the General Division of the Social Security Tribunal on an appeal, under section 82 of the Canada Pension Plan, of a decision referred to in paragraph (a);

  • (c) a decision of the Appeal Division of the Social Security Tribunal on an appeal, under section 55 of the Department of Employment and Social Development Act, of a decision referred to in paragraph (b);

  • (d) a decision of the Federal Court of Appeal on an application for judicial review, under paragraph 28(1)(g.1) of the Federal Courts Act, of a decision referred to in paragraph (c); or

  • (e) a decision of the Supreme Court of Canada on an appeal of a decision referred to in paragraph (d).

Marginal note:Disabled contributor’s child’s benefit

• 3 (1) If a disabled contributor’s child’s benefit was payable in respect of a disabled contributor whose disability pension or post-retirement disability benefit was the subject of a determination referred to in paragraph 2(1)(c), remission of the amount determined under subsection (2) is granted to

  • (a) any person who received the disabled contributor’s child’s benefit after that benefit ceased, under paragraph 76(1)(c) of the Canada Pension Plan and as a result of that determination, to be payable to them; and

  • (b) any person or agency referred to in section 75 of the Canada Pension Plan that received the disabled contributor’s child’s benefit after that benefit ceased, under paragraph 76(1)(c) of the Canada Pension Plan and as a result of that determination, to be payable to a child for whom they had decision-making responsibility.

• Marginal note:Amount remitted

  (2) The amount to be remitted is equal to the total amount of disabled contributor’s child’s benefit payments made to the person or agency for any month after the month in which the benefit ceased to be payable.

Marginal note:Retirement pension

4 Remission is also granted, to any person to whom remission is granted under section 2, of any amount of retirement pension that they received in excess of that which they should have received on the basis of the disability pension having ceased to be payable to them in the month referred to in subsection 2(2), assuming that the retirement pension had still become payable to them starting with the month in which they reached 65 years of age.