Section 63.1 — Canada Pension Plan: Subsections do not apply
Text of the provision Official document
Subsections 63(1) and (2) do not apply to a person who remarries after the coming into force of this section. Where, before the coming into force of subsection (1), a survivor’s pension that, but for the operation of subsection 63(1), would have become payable to a person did not become payable to the person, or the payment of a survivor’s pension to a person was discontinued under subsection 63(2), and the person is not being paid a survivor’s pension at the time that this section comes into force, an application in writing to the Minister for the commencement or reinstatement, as the case may be, of the survivor’s pension may be made by the person or on behalf of the person by such other person as may be prescribed. On approval by the Minister of an application referred to in subsection (2), a survivor’s pension is payable to the applicant for each month commencing with the later of the month in which this section comes into force, and the eleventh month preceding the month in which the application is received by the Minister. Where a survivor’s pension becomes payable under this section to a person, the basic monthly amount of the pension shall be calculated in accordance with section 58 as though in the case of a person referred to in paragraph (2)(a), the survivor’s pension that would have become payable to the person but for the operation of subsection 63(1) became payable at the time that it would have become payable but for that subsection;
and in the case of a person referred to in paragraph (2)(b), payment of the survivor’s pension to the person had not been discontinued under subsection 63(2).
Official source: laws-lois.justice.gc.ca
Search case law on this topic
See judgments from Canadian courts and tribunals with a plain-English summary and legal holding.
Explore case law →