Old Age Security Act
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Old Age Security Act .
Section 2 — Definitions
In this Act, allowance means the allowance authorized to be paid under Part III; ( allocation ) applicant means a person who has applied, or is deemed to have applied, for a benefit, or with respect…
Section 2.1 — Amount of full monthly pension
In this Act, a reference to the amount of a full monthly pension means the amount of a full monthly pension, as it is calculated in accordance with section 7, that has not been increased under…
Section 2.2
[Repealed, 2016, c. 7, s. 188]
Section 3 — Payment of full pension
Subject to this Act and the regulations, a full monthly pension may be paid to every person who was a pensioner on July 1, 1977; every person who on July 1, 1977 was not a pensioner but had attained…
Section 4 — Residence in Canada must be or have been legal
A person who was not a pensioner on July 1, 1977 is eligible for a pension under this Part only if on the day preceding the day on which that person’s application is approved that person is a…
Section 4.1 — Presumption
If the Minister intends to waive the requirement for an application in respect of a person under subsection 5(4) and the information available to the Minister under this Act with respect to that…
Section 5 — Limitations
No pension may be paid to any person unless that person is qualified under subsection 3(1) or (2), an application therefor has been made by or on behalf of that person and the application has been…
Section 5.1 — Withdrawal of application
An applicant may withdraw an application for a pension by giving a written notice of their withdrawal to the Minister at any time before payment of the pension commences. If an application for a…
Section 6 — Census statistics
Subject to the conditions specified in the regulations, the Minister is entitled, for the purpose of ascertaining the age of any pensioner or any applicant for a pension, to obtain from Statistics…
Section 7 — Basic amount of full pension
The amount of the full monthly pension that may be paid to any person for a month in the payment quarter commencing on January 1, 1985 is two hundred and seventy-three dollars and eighty cents. Where…
Section 7.1 — Voluntary deferral — full monthly pension
If a person applies for their pension after they become qualified to receive a full monthly pension, the amount of that pension, as it is calculated in accordance with subsections 7(1) to (4), is…
Section 8 — Commencement of pension
Payment of pension to any person shall commence in the first month after the application therefor has been approved, but where an application is approved after the last day of the month in which it…
Section 9 — Suspension of pension where pensioner leaves Canada
Where a pensioner, having left Canada either before or after becoming a pensioner, has remained outside Canada after becoming a pensioner for six consecutive months, exclusive of the month in which…
Section 9.1 — Request that pension cease to be payable
Any pensioner may make a request to the Minister in writing that their pension cease to be payable. A pension shall cease to be payable on the last day of the month in which the Minister approves a…
Section 9.2 — Resumption of pension
Payment of a pension that is suspended by virtue of subsection 5(3) shall resume in respect of the month in which a pensioner is released but only after they notify the Minister in writing before or…
Section 9.3 — Request to cancel pension
A pensioner may, in the prescribed manner and within the prescribed time after payment of a pension has commenced, request cancellation of that pension. If the request is granted and the amount of…
Section 10 — Definitions
The definitions in this section apply in this Part. base calendar year means the last calendar year ending before the current payment period. ( année de référence ) current payment period means the…
Section 11 — Supplement payable
Subject to this Part and the regulations, for each month in any payment period, a monthly guaranteed income supplement may be paid to a pensioner. Subject to subsections (3.1) and (4), no supplement…
Section 12 — Amounts on April 1, 2005
The amount of the supplement that may be paid to a pensioner for any month in the payment quarter commencing on April 1, 2005 is, in the case of a person other than a person described in paragraph…
Section 12.1 — Additional amount — paragraph 12(1)(a)
The amount that may be added to the amount of the supplement that may be paid under section 12 to a pensioner referred to in paragraph 12(1)(a) for any month in a payment quarter beginning after June…
Section 13 — Calculation of income
For the purposes of determining the amount of supplement that may be paid to a pensioner for a month before July 1, 1999, the income for a calendar year of a person or an applicant is the income of…
Section 14 — Statement of income to be made
Every person by whom an application for a supplement in respect of a current payment period is made shall, in the application, make a statement of the person’s income for the base calendar year. The…
Section 15 — Information required with application for supplement
Every person by whom an application for a supplement in respect of a payment period is made shall, in the application, state whether the person has or had a spouse or common-law partner at any time…
Section 16 — Consideration of application or waiver
The Minister shall, without delay after receiving an application for payment of a supplement under subsection 11(2) or after waiving the requirement for an application for payment of a supplement…
Section 17 — Payment of supplement to be made in arrears
Payment of a supplement for any month shall be made in arrears at the end of the month, except that where payment of a supplement in respect of months in any payment period is approved after the end…
Section 18 — Adjustment of payments of supplements
Where it is determined that the income for a base calendar year (in this section referred to as the “actual income”) of an applicant for a supplement does not accord with the income of the applicant…
Section 18.1 — Request that supplement cease to be payable
If a pensioner makes a request to the Minister in writing that their supplement cease to be payable, it shall cease to be payable on the last day of the month in which the Minister approves the…
Section 18.2 — Request to cancel supplement
A pensioner may, in the prescribed manner and within the prescribed time after payment of a supplement has commenced, request cancellation of that supplement. If the request is granted and the amount…
Section 19 — Payment of allowance
Subject to this Act and the regulations, an allowance may be paid to the spouse, common-law partner or former common-law partner of a pensioner for a month in a payment period if the spouse,…
Section 20 — Failure to comply with Act
Payment of an allowance under section 19 or 21 may be suspended if the beneficiary fails to comply with any of the provisions of this Act or the regulations, but payment may be resumed when the…
Section 21 — Payment of allowance to survivors
Subject to this Act and the regulations, for each month in any payment period, an allowance may be paid to a survivor who has attained sixty years of age but has not attained sixty-five years of age;…
Section 21.1 — Allowance not payable
Despite section 21, an allowance under that section is not payable to an individual who otherwise would have been entitled to receive such an allowance as a result of the death of their spouse or…
Section 22 — Definitions
In this section, base calendar year has the same meaning as in section 10; ( année de référence ) current fiscal year [Repealed, 1998, c. 21, s. 116] current payment period means the payment period…
Section 22.1 — Additional amount — subsection 22(2)
The amount that may be added to the amount of the supplement that may be paid to a pensioner referred to in subsection 22(2) for any month in a payment quarter beginning after June 30, 2011 is the…
Section 23 — Commencement of allowance
Payment of an allowance to any person under this Part shall commence in the first month after the application therefor has been approved, but where an application is approved after the last day of…
Section 24 — Consideration of application or waiver
The Minister shall, without delay after receiving an application for an allowance under subsection 19(4) or 21(4) or after waiving the requirement for an application for an allowance under subsection…
Section 25 — Payment of an allowance to be made in arrears
Payment of an allowance for any month shall be made in arrears at the end of the month, except that where payment of an allowance in respect of any payment period is approved after the end of the…
Section 26 — Application of Part II
Sections 6, 14, 15 and 18 apply, with such modifications as the circumstances require, in respect of an allowance under this Part and in respect of any application or any waiver of the requirement…
Section 26.1 — Deeming provision
When the requirement for an application for a benefit is waived by the Minister under this Act, the application is deemed to have been made by the applicant on the day on which the requirement is…
Section 26.2 — Inviting persons to apply
The Minister may invite persons to make an application for benefits under this Act and may, for that purpose, collect personal information and make available or use personal information available to…
Section 27 — Where basis of Consumer Price Index changed
Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , is adjusted to reflect a new time basis or a new content basis, a…
Section 27.1 — Request for reconsideration by Minister
A person who is dissatisfied with a decision or determination made under this Act that no benefit may be paid to the person, or respecting the amount of a benefit that may be paid to the person, may,…
Section 28 — Appeal — benefits
A person who is dissatisfied with a decision of the Minister made under section 27.1, including a decision in relation to further time to make a request, or, subject to the regulations, any person on…
Section 28.1 — Incapacity when application actually made
Where an application for a benefit is made on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that the person was incapable of…
Section 29 — Application for pension by estate, etc.
Despite anything in this Act, an application for a pension that would have been payable to a deceased person who, before their death, would have been entitled, on approval of an application, to…
Section 30 — Retroactive application by survivor
Despite paragraph 19(6)(b), if a person dies and the person’s survivor would have been entitled to an allowance under section 19 had the survivor and the deceased person made a joint application for…
Section 31 — Presumption as to death of applicant or beneficiary
Where an applicant or beneficiary has disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the applicant or beneficiary is dead,…
Section 32 — Where person denied benefit due to departmental error, etc.
Where the Minister is satisfied that, as a result of erroneous advice or administrative error in the administration of this Act, any person has been denied a benefit, or a portion of a benefit, to…
Section 33 — Definitions
The following definitions apply in this section and sections 33.1 and 39. administration includes the development, operation, evaluation and enforcement of policies and programs. ( mise en oeuvre )…