Section 55.3 — Canada Pension Plan: Incapacity

Where an application for a division of unadjusted pensionable earnings is made under subsection 55(1) or paragraph 55.1(1)(b) or (c) or the Minister receives the prescribed information referred to in paragraph 55.1(1)(a) and the Minister is satisfied, on the basis of evidence provided by or on behalf of a person subject to the division, that the person had been incapable of forming or expressing an intention to make an application or to provide the information to the Minister on the day on which the application was actually made or the information was actually received, the Minister may deem the application to have been made or the information to have been received in the first month in which a division could have taken place or in the month that the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later. Where an application for a division of unadjusted pensionable earnings is made under subsection 55(1) or paragraph 55.1(1)(b) or (c) or the Minister receives the prescribed information referred to in paragraph 55.1(1)(a) and the Minister is satisfied, on the basis of evidence provided by or on behalf of a person subject to the division, that the person had been incapable of forming or expressing an intention to make an application or to provide the information to the Minister before the day on which the application was actually made or the information was actually received by the Minister, the person had ceased to be so incapable before that day, and the application was actually made or the information was actually received by the Minister within the period that begins on the day on which the person had ceased to be so incapable and that comprises the same number of days, not exceeding twelve months, as in the period of incapacity, or where the period referred to in subparagraph (i) comprises fewer than thirty days, not more than one month after the month in which the person had ceased to be so incapable, the Minister may deem the application to have been made or the information to have been received in the first month in which a division could have taken place or in the month in which the Minister considers the person’s last relevant period of incapacity to have commenced, whichever is the later. For the purposes of subsections (1) and (2), a period of incapacity must be a continuous period except as otherwise prescribed. This section applies only to individuals who were incapacitated on or after January 1, 1991.