ARCHIVED — Vol. 146, No. 51 — December 22, 2012

Regulations Amending the Canada Pension Plan Regulations and Repealing the Review Tribunal Rules of Procedure and the Pension Appeals Board Rules of Procedure (Benefits)

Statutory authority

Canada Pension Plan

Sponsoring department

Department of Human Resources and Skills Development

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see Social Security Tribunal Regulations.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to section 89 (see footnote a) of the Canada Pension Plan (see footnote b) proposes to make the annexed Regulations Amending the Canada Pension Plan Regulations and Repealing the Review Tribunal Rules of Procedure and the Pension Appeals Board Rules of Procedure (Benefits).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Marianna Giordano, Director, Canada Pension Plan Policy and Legislation, Seniors and Pensions Policy Secretariat, Department of Human Resources and Skills Development, 355 North River Road, Ottawa, Ontario K1A 0L1 (tel.: 613-952-1722; fax: 613-991-9119; email: cpp-rpc@hrsdc-rhdcc.gc.ca).

Ottawa, December 13, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADA PENSION PLAN REGULATIONS AND
REPEALING THE REVIEW TRIBUNAL RULES OF PROCEDURE AND THE
PENSION APPEALS BOARD RULES OF PROCEDURE (BENEFITS)

AMENDMENTS

1. The definitions “Chairman”, “Commissioner” and “Vice-Chairman” in subsection 2(1) of the Canada Pension Plan Regulations (see footnote 1) are repealed.

2. (1) Section 74 of the Regulations is repealed.

(2) The Regulations are amended by adding the following after section 72:

74. If the Minister or the Social Security Tribunal established under section 44 of the Department of Human Resources and Skills Development Act is satisfied, on being presented with medical certificates or other written statements, that a person, by reason of infirmity, illness, insanity or other cause, is incapable of managing their affairs, a request for a reconsideration under subsection 81(1) or (1.1) of the Act or an appeal under section 82 of the Act or section 55 of the Department of Human Resources and Skills Development Act may be made on the person’s behalf by another person or an agency if that other person or agency is authorized by or under a law of Canada or of a province to manage the person’s affairs or, if it appears to the Minister or the Social Security Tribunal that there is no other person or agency so authorized, if that other person or agency is considered to be qualified to do so by the Minister or the Social Security Tribunal, as the case may be.

3. Subsection 74.1(2) of the Regulations is replaced with the following:

(2) If it appears to the Minister that the person making the request for a reconsideration has failed to provide information in accordance with any of the requirements of paragraphs (1)(a) to (c) — or has failed to provide sufficient information to allow the Minister to determine if there are circumstances that allow for a longer period in which to make the request — the Minister may take any steps to obtain the information that are necessary to rectify the failure.

(3) For the purposes of subsections 81(1) and (1.1) of the Act and subject to subsection (4), the Minister may allow a longer period to make a request for reconsideration of a decision or determination if the Minister is satisfied that there is a reasonable explanation for requesting a longer period and the person has demonstrated a continuing intention to request a reconsideration.

(4) The Minister must also be satisfied that the request for reconsideration has a reasonable chance of success, and that no prejudice would be caused to the Minister or a party by allowing a longer period to make the request, if the request for reconsideration

  • (a) is made after the 365-day period after the day on which the person is notified in writing of the decision or determination;

  • (b) is made by a person who has applied again for the same benefit; or

  • (c) is made by a person who has requested the Minister to rescind or amend a decision under subsection 81(3) of the Act.

4. Sections 74.2 and 74.3 of the Regulations are replaced by the following:

74.2 A notification referred to in subsection 81(1) or (1.1) of the Act must be in writing and sent by the Minister.

5. (1) Subsection 87(5) of the Regulations is replaced by the following:

(5) Interest does not accrue on a debt during the period in which a reconsideration under subsection 81(2) of the Act, an appeal under section 82 of the Act or section 55 of the Department of Human Resources and Skills Development Act, or a judicial review under the Federal Courts Act is pending in respect of that debt.

(2) Clause 87(6) c)(ii)(B) of the Regulations is replaced by the following:

  • (B) a decision on an appeal under section 82 of the Act or section 55 of the Department of Human Resources and Skills Development Act or a judicial review under the Fed-eral Courts Act;

REPEALS

6. The Pension Appeals Board Rules of Procedure (Benefits) (see footnote 2) are repealed.

7. The Review Tribunal Rules of Procedure (see footnote 3) are repealed.

COMING INTO FORCE

8. (1) Section 1, subsection 2(1) and sections 6 and 7 come into force immediately before the coming into force of subsection 230(1) of the Jobs, Growth and Long-term Prosperity Act , chapter 19 of the Statutes of Canada, 2012.

(2) Subsection 2(2) and sections 3 to 5 come into force on April 1, 2013.

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