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

Regulations Amending the Old Age Security Regulations

Statutory authority

Old Age Security Act

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 34 (see footnote a) of the Old Age Security Act (see footnote b), proposes to make the annexed Regulations Amending the Old Age Security Regulations.

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 Nathalie Martel, Director, Old Age Security Policy, Department of Human Resources and Skills Development, 355 North River Road, Ottawa, Ontario K1A 0L1 (tel.: 613-957-2803; fax: 613-991-9119; email: oas-sv@hrsdc-rhdcc.gc.ca).

Ottawa, December 13, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE OLD AGE SECURITY REGULATIONS

AMENDMENTS

1. The Old Age Security Regulations (see footnote 1) are amended by adding the following after section 29:

29.1 (1) For the purposes of subsection 27.1(1) and (1.1) of the Act and subject to subsection (2), 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.

(2) 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; or

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

(3) The Minister may take any necessary steps to obtain information that the Minister may require to decide whether to allow a longer period to make a request for reconsideration.

2. Section 38 of the Regulations is replaced by the following:

38. If a ground of appeal referred to in subsection 28(2) of the Act is set out in an appeal brought under subsection 28(1) of the Act, the Social Security Tribunal must

  • (a) notify the appellant and the Minister that the appeal on that ground has been referred to the Court for decision under subsection 28(2) of the Act; and

  • (b) transmit to the Registrar of the Court a copy of the documents filed in the appeal that are relevant to the ground of appeal referred to in subsection 28(2) of the Act.

3. Section 46 of the Regulations is replaced by the following:

46. If an appeal sets out a ground of appeal that is not referred to the Court under subsection 28(2) of the Act and a ground of appeal that has been referred to the Court under that subsection, the Social Security Tribunal, on receipt of a certified copy of the decision of the Court, must proceed in accordance with the Social Security Tribunal Regulations.

4. (1) Subsection 48(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 27.1(2) of the Act, an appeal under subsection 28(1) 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 48(6)(c)(ii)(B) of the Regulations is replaced by the following:

  • (B) a decision on an appeal under subsection 28(1) 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;

5. The Regulations are amended by replacing “Commissioner of Review Tribunals” with “Social Security Tribunal” in the following provisions with any necessary modifications:

  • (a) section 38.1;

  • (b) subsection 39(1);

  • (c) subsection 40(3); and

  • (d) subsection 44(2).

COMING INTO FORCE

6. These Regulations come into force on April 1, 2013.

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