Bill C-512

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	2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
	The House of Commons of Canada
	BILL C-512
	An Act to amend the Canada Pension Plan, the Government Annuities Act and the Old Age Security Act and to make consequential amendments to other Acts
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-8; R.S., cc. 6, 41 (1st Supp.), cc. 5, 13, 27, 30 (2nd Supp.), cc. 18, 38 (3rd Supp.), cc. 1, 46, 51 (4th Supp.); 1990, c. 8; 1991, cc. 14, 44, 49; 1992, cc. 1, 2, 27, 48; 1993, cc. 24, 27, 28; 1994, cc. 13, 21; 1995, c. 33; 1996, cc. 11, 16, 23; 1997, c. 40; 1998, c. 19; 1999, c. 17	Canada Pension Plan
	*1. The long title of the Canada Pension Plan* is replaced by the following:**
	An Act to establish a comprehensive program of pensions for seniors and supplementary benefits in Canada payable to and in respect of contributors
	2. The definition ``Review Tribunal'' in subsection 2(1) of the Act is replaced by the following:
``Review Tribunal'' « tribunal de révision »	``Review Tribunal'' means a Canada Pension Plan - Seniors' Income Security Review Tribunal established under section 82;
	3. (1) Paragraph (a) of the definition ``province providing a comprehensive pension plan'' in subsection 3(1) of the Act is replaced by the following:
	(a) the government of which has, on or before May 3, 1965, signified the intention of that province to provide for the establishment and operation in that province, in lieu of the operation therein of this Act, of a plan of pensions for seniors and supplementary benefits providing for the making of contributions thereunder commencing with the year 1966 and providing for the payment of benefits thereunder comparable to those provided by this Act, or
	(2) Subparagraph (b)(i) of the definition ``province providing a comprehensive pension plan'' in subsection 3(1) of the Act is replaced by the following:
	(i) for the establishment and operation in that province, in lieu of the operation therein of this Act, of a plan of pensions for seniors and supplementary benefits providing for the making of contributions thereunder commencing with the third year following the year in which the notice was given and providing for the payment of benefits thereunder comparable to those then provided by this Act or by any provincial pension plan other than that plan, and
	(3) The definition ``provincial pension plan'' in subsection 3(1) of the Act is replaced by the following:
``provincial pension plan'' « régime provincial de pensions »	``provincial pension plan'' means a plan of pensions for seniors and supplementary benefits for the establishment and operation of which provision has been made as described in paragraph (a) or (b) of the definition ``province providing a comprehensive pension plan'' under a law of a province providing a comprehensive pension plan.
	(4) Subsection 3(2) of the Act is replaced by the following:
Prescription of province after notice given	(2) Notwithstanding anything in subsection (1), where, not later than twelve months before the first day of the third year following the year in which notice in writing as described in paragraph (b) of the definition ``province providing a comprehensive pension plan'' in subsection (1) was given to the Minister of Human Resources Development by the government of a province, the legislature of the province has provided by law for the establishment and operation in that province of a plan of pensions for seniors and supplementary benefits as described in that paragraph and for the assumption under that plan of all obligations and liabilities accrued or accruing as described in that paragraph, the Governor in Council shall, by regulation made on the recommendation of the Minister of Human Resources Development for the purposes of this Act, prescribe that province as a province described in that paragraph.
	4. (1) Subsection 82(1) of the Act is replaced by the following:
Appeal to Review Tribunal	82. (1) A spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse who is dissatisfied with a decision of the Minister made under section 81 or subsection 84(2), or a person who is dissatisfied with a decision of the Minister made under subsection 27.1(2) of the Seniors' Income Security Act, or, subject to the regulations, any person on their behalf, may appeal the decision to a Review Tribunal in writing within 90 days, or any longer period that the Commissioner of Review Tribunals may, either before or after the expiration of those 90 days, allow, after the day on which the spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse is notified in the prescribed manner of the decision or the person is notified in writing of the Minister's decision and of the reasons for it.
	(2) Subsection 82(11) of the Act is replaced by the following:
Powers of Review Tribunal	(11) A Review Tribunal may confirm or vary a decision of the Minister made under section 81 or subsection 84(2) or under subsection 27.1(2) of the Seniors' Income Security Act and may take any action in relation to any of those decisions that might have been taken by the Minister under that section or either of those subsections, and the Commissioner of Review Tribunals shall thereupon notify the Minister and the other parties to the appeal of the Review Tribunal's decision and of the reason for its decision.
	5. Subsection 83(l) of the Act is replaced by the following:
Appeal to Pension Appeals Board	83. (1) A spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse or, subject to the regulations, any person on behalf thereof, or the Minister, if dissatisfied with a decision of a Review Tribunal made under section 82, other than a decision made in respect of an appeal referred to in subsection 28(l) of the Seniors' Income Security Act, or under subsection 84(2), may, within ninety days after the day on which that decision is communicated to the spouse, former spouse, estate, applicant, beneficiary, beneficiary's spouse, person or Minister, or within such longer period as the Chairman or Vice-Chairman of the Pension Appeals Board may either before or after the expiration of those ninety days allow, apply in writing to the Chairman or Vice-Chairman for leave to appeal that decision to the Pension Appeals Board.
	6. Paragraph 89(l)(g) of the Act is replaced by the following:
	(g) providing, in the case of any benefit that becomes payable to a person to whom no pension is then payable under the Seniors' Income Security Act, the basic monthly amount of which benefit is less than such amount, not exceeding ten dollars, as may be prescribed, for the commutation of such benefit in such circumstances and in accordance with such methods and bases as may be prescribed and for the payment to that person in the place of that benefit of an amount equal to the commuted value thereof, or for the payment of that benefit at prescribed intervals less frequent than monthly;
	7. (1) The portion of subsection 107(1) of the Act before paragraph (a) is replaced by the following:
Reciprocal arrangements re administration , etc.	107. (1) Where, under any law of a country other than Canada, provision is made for the payment of seniors' benefits or other benefits including survivors' or disability benefits, the Minister may, on behalf of the Government of Canada, on such terms and conditions as may be approved by the Governor in Council, enter into an agreement with the government of that country for the making of reciprocal arrangements relating to the administration or operation of that law and of this Act, including, without restricting the generality of the foregoing, arrangements relating to
	(2) Subsection 107(4) of the Act is replaced by the following:
Agreements with respect to provincial pension plan	(4) Where the government of a province providing a comprehensive pension plan requests the Government of Canada to enter into an agreement under this section with the government of a country under any law of which provision is made for the payment of seniors' benefits or other benefits including survivors' or disability benefits, the Minister, with the approval of the Governor in Council, may enter into an agreement with the government of that country for the making of reciprocal arrangements relating to any of the matters referred to in subsection (1) with respect to the provincial pension plan of that province, if that plan makes provision for entering into such an agreement and for the carrying out of the provisions thereof, including the making of any financial adjustment required to be made for that purpose and the crediting or charging of the amount of any such adjustment to the appropriate account or accounts established under that plan.
	8. Subsection 108(2.1) of the Act is replaced by the following:
Costs of appeals related to Seniors' Income Security Act	(2.1) There shall be credited to the Canada Pension Plan Account an amount held in the Consolidated Revenue Fund representing the costs of the administration of appeals to the Review Tribunal referred to in subsection 28(l) of the Seniors' Income Security Act.
R.S.C. 1970, c. G-6; 1980-81-82-8 3, c. 54; 1996, c. 11	Government Annuities Act
	*9. The long title of the Government Annuities Act* is replaced by the following:**
	An Act to authorize the issue of Government annuities for seniors
R.S.C. 1985, c. O-9; R.S., c. 34 (1st Supp.); R.S., c. 1 (4th Supp.), c. 57; 1990, c. 39; 1991, c. 44; 1992, cc. 24, 48; 1995, c. 33; 1996, cc.11, 18, 21, 23; 1997, c. 40; 1998, c.21; 1999, cc. 17, 22, 31	Old Age Security Act
	*10. The long title of the Old Age Security Act* is replaced by the following:**
	Act to provide for income security for seniors in Canada
	11. Section 1 of the Act is replaced by the following:
``Short title'' « Titre abrégé »	1. This Act may be cited as the Seniors' Income Security Act.
	12. The definition ``Review Tribunal'' in section 2 of the Act is replaced by the following:
``Review Tribunal'' « tribunal de révision »	``Review Tribunal'' means a Canada Pension Plan - Seniors' Income Security Review Tribunal established under section 82 of the Canada Pension Plan;
	13. The portion of subsection 40(1) of the Act before paragraph (a) is replaced by the following:
Reciprocal arrangements re administration , etc.	40. (1) Where under any law of a country other than Canada, provision is made for the payment of seniors' benefits or other benefits including survivors' or disability benefits, the Minister may, on behalf of the Government of Canada, on such terms and conditions as may be approved by the Governor in Council, enter into an agreement with the government of that country for the making of reciprocal arrangements relating to the administration or operation of that law and of this Act, including, without restricting the generality of the foregoing, arrangements relating to
	TRANSITIONAL PROVISION
	14. (1) The definitions in this subsection apply in this section.
``commencem ent day'' « date de référence »	``commencement day'' means the day on which this Act comes into force.
``Review Tribunal'' « tribunal de révision »	``Review Tribunal'' means a Review Tribunal that was, immediately before commencement day, defined in subsection 2(1) of the Canada Pension Plan as a Canada Pension Plan - Old Age Security Review Tribunal established under section 82 of the Canada Pension Plan.
	(2) A reference to a Review Tribunal in any document executed by the Tribunal before commencement day, any proceeding under the Canada Pension Plan which is pending before the Tribunal immediately before commencement day or any action or suit to which the Tribunal is a party that is pending in any court immediately before commencement day, shall be read as a reference to a Canada Pension Plan - Seniors' Income Security Review Tribunal established under section 82 of the Canada Pension Plan.
	CONSEQUENTIAL AMENDMENTS
R.S., c. A-1; R.S., cc. 22, 27, 28, 33, 44, 46 (1st Supp.), cc. 1, 8, 19, 36 (2nd Supp.), cc. 1, 3, 12, 17, 18, 20, 24, 28, 33 (3rd Supp.), cc. 1, 7, 10, 11, 16, 21, 28, 31, 32, 41, 47 (4th Supp.); 1989, cc. 3, 27; 1990, cc. 1, 2, 3, 13; 1991, cc. 3, 6, 16, 38; 1992, cc. 1, 21, 33, 34, 36, 37; 1993, cc. 1, 2, 3, 27, 28, 31, 34, 38; 1994, cc. 10, 26, 31, 38, 40, 41, 43; 1995, cc. 1, 5, 11, 12, 18, 28, 29, 41, 45; 1996, cc. 8, 9, 10, 11, 16; 1997, cc. 6, 9, 20, 23; 1998, cc. 9, 10, 21, 25, 26, 31, 35, 37; 1999, cc. 9, 16, 17, 31	Access to Information Act
	*15. Schedule II to the Access to Information Act* is amended by deleting the reference to Old Age Security Act.**
	16. Schedule II to the Act is amended by adding the following in alphabetical order:
	Seniors' Income Security Act
R.S., c. L-2; R.S., cc. 9, 27 (1st Supp.), c. 32 (2nd Supp.), cc. 24, 43 (3rd Supp.), c. 26 (4th Supp.); 1989, c. 3; 1990, cc. 8, 44; 1991, c. 39; 1992, c. 1; 1993, cc. 28, 38, 42; 1994, cc. 10, 41; 1996, cc. 10, 11, 12, 18, 31, 32; 1997, c. 9; 1998, cc. 10, 20, 26; 1999, cc. 28, 31	Canada Labour Code
	*17. Paragraph 235(2)(b) of the Canada Labour Code* is replaced by the following:**
	(b) an employer shall be deemed not to have terminated the employment of an employee where, either immediately on ceasing to be employed by the employer or before that time, the employee is entitled to a pension under a pension plan contributed to by the employer that is registered pursuant to the Pension Benefits Standards Act, 1985, to a pension under the Seniors' Income Security Act or to a retirement pension under the Canada Pension Plan or the Quebec Pension Plan.
R.S., 1985, c. 32 (2nd Supp.); R.S., c.18 (3rd Supp.); 1993, c. 28; 1995, c. 17; 1998, c. 12; 1999, cc. 28, 31	Pension Benefits Standards Act, 1985
	*18. Subparagraph 16(6)(a)(i) of the Pension Benefits Standards Act, 1985* is replaced by the following:**
	(i) the Seniors' Income Security Act, and
	19. Subparagraph 39(n)(ii) of the Act is replaced by the following:
	(ii) the payment of any pension or contribution payable under the Seniors' Income Security Act, the Canada Pension Plan, or any provincial pension plan as defined in section 3 of the Canada Pension Plan;

Bill C-512

BILL C-512