Canada Gazette, Part I, Volume 158, Number 40: Regulations Amending the Canada Pension Plan Regulations

October 5, 2024

Statutory authority
Canada Pension Plan

Sponsoring department
Department of Employment and Social Development

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Issues

The Canada Pension Plan (CPP) Regulations and the Old Age Security (OAS) Regulations were originally developed in the pre-digital era and assumed that the standard form of applying for benefit was by way of paper applications. These paper-based processes could only rely upon original or certified copies of many supporting documents, in the absence of digital-first solutions. In 2018, Employment and Social Development Canada (ESDC or the Department) began taking steps to modernize the delivery of services to Canadians. In 2020, during the COVID-19 pandemic, ESDC was forced to pivot and introduce temporary measures as applicants were unable to provide original or certified copies of certain documents in support of their applications. Therefore, temporary measures were put in place to allow for the continued processing of CPP and OAS applications. The Department is now seeking to codify these measures and in doing so, further support the modernization of benefit delivery.

Background

Canada’s social security regime provides income security to vulnerable members of society, particularly seniors, survivors, orphans, disabled persons and their dependent children.

The benefits under the OAS program include the basic OAS pension, which is paid to all persons aged 65 or over who meet the residence requirements, the Guaranteed Income Supplement (GIS) for low-income seniors, and the allowances for low-income Canadians aged 60 to 64 who are the spouses or common-law partners of GIS recipients, or who are widows or widowers.

The CPP is a social insurance program funded by the contributions of employees, employers and self-employed persons and provides benefits based on earnings to Canadian workers and their families for retirement or in the event of disability or death.

In order for the Minister to evaluate applications for CPP or OAS benefits, applicants are required to provide certain supporting documents, such as proof of identity, birth, marriage, death, or full-time attendance at school, as applicable. Although much of this information is currently available from third-party authoritative government data sources, such as the Social Insurance Registry (SIR) or income tax records from the Canada Revenue Agency, the CPP Regulations and OAS Regulations do not permit the Minister to rely upon those sources in all situations. Instead, the current regulations require that individuals provide original or certified copies of the documents in support of their application.

Canada Pension Plan regulatory requirements

Evidence of age and identity

The CPP Regulations currently allow a determination of age and identity based on information provided by the Social Insurance Registry (SIR), which collects data from provincial vital statistics registries. When the name, the date of birth or both provided in an application conflict with the information in the SIR, the CPP Regulations require that individuals provide an original or certified copy of a birth certificate in support of their application for benefits.

Evidence of marriage or death

To make a determination of marriage or death to allow for a survivor’s pension or a death benefit, the CPP Regulations require an original certificate of marriage or death be provided. The CPP Regulations do not allow a determination of marriage or death based on third-party government data sources such as the Social Insurance Registry.

Full-time attendance at school or university

Children between the ages of 18 to 25 who are in full-time attendance at school or university and whose parent is a disabled and/or deceased contributor may be eligible for the CPP disabled contributor’s child’s benefit and/or the orphan’s benefit, respectively. To qualify, a signed declaration of full-time attendance from a school official is required. This requirement dates from an era when students did not have full electronic access to their post-secondary records and registration. Students were required to visit their registrar’s office in person to obtain the school official’s signature and were often charged administrative fees. Although most schools and universities can now provide students with proof of their full-time attendance through online portals, the CPP Regulations still require students to obtain the school official’s signature.

Old Age Security Program regulatory requirements

Evidence of age and identity

Similar to the CPP Regulations, the OAS Regulations allow for confirmation of age and identity using information provided by the SIR. Where a determination cannot be made based on information in the SIR, the OAS Regulations require an original birth certificate or a certified copy to be submitted.

Relationship evidence

With respect to evidence of marriage, the OAS Regulations stipulate that an official copy or extract of the record of marriage from a competent authority, or a certified copy, be submitted to support an application for the GIS, the allowance, or the allowance for the survivor. If the Minister has sufficient reason to believe that an official copy or extract of the record of marriage or a certified copy is not available, they may rely upon a statutory declaration of marital status or other evidence of the marriage such as religious records or immigration documents.

My Service Canada Account

My Service Canada Account (MSCA) is a secure online portal, which gives clients convenient access to their online CPP and OAS account information. Third parties cannot use online services to access or update client accounts.

Clients may use MSCA to apply electronically for CPP and OAS benefits. However, this does not replace paper-based applications. It is another channel eligible applicants can use when applying for CPP and OAS benefits but they are still required to provide supporting paper documents. Clients may use MSCA to apply for the following benefits.

CPP retirement pension

The CPP retirement pension is a monthly pension payable to individuals who have contributed to the Canada Pension Plan and are at least 60 years of age. The CPP retirement pension is payable for life and is fully indexed to the cost of living.

CPP disability benefits

There are two types of disability benefits:

CPP death benefit

The CPP death benefit is a one-time payment up to $2,500, payable to the estate or other eligible individuals on behalf of a deceased CPP contributor.

CPP survivor’s pension

The CPP survivor’s pension is a monthly amount paid to the legal spouse or common-law partner of the deceased contributor. Eligibility is based on contributions to the CPP by the deceased contributor.

CPP children’s benefit

There are two types of children’s benefits:

The CPP also has the following features, which can be applied for through MSCA and require supporting documents:

CPP pension sharing

Spouses or common-law partners who are together, both at least 60 years old, and both receiving the CPP retirement pension can share their CPP retirement benefits equally, which may result in tax savings.

CPP child-rearing drop-out provision

This provision helps protect the value of CPP benefits for parents who take time off from work or work less to look after young children, by excluding these periods of low or no income from their contributory period.

CPP pension credit split

This provision allows for the equal division of CPP pension credits that a couple has built up during the time that they lived together, in the event of divorce, annulment, separation, or the end of a common-law relationship.

It is also possible to apply for the following Old Age Security benefits using MSCA.

OAS pension

The basic OAS pension is paid to all persons aged 65 or over who meet the residence requirements. In most cases, Service Canada will be able to automatically enroll individuals when they reach the age of 65. Alternatively, individuals who are not automatically enrolled may apply through MSCA.

Guaranteed Income Supplement (GIS)

The Guaranteed Income Supplement is a non-taxable monthly payment available to low-income seniors in receipt of an OAS pension. In many cases, eligible seniors will be automatically enrolled. Alternatively, individuals who are not automatically enrolled may apply through MSCA.

The allowance

The allowance is a non-taxable monthly payment available to people aged 60 to 64 whose spouse or common-law partner is eligible for the GIS.

The allowance for the survivor

The allowance for the survivor is similar to the allowance but is for individuals whose spouse or common-law partner has died.

Verification

Currently, the regulatory requirements compel applicants to provide an original or certified copy, which is a barrier to uploading documentation through MSCA. In this current state, applicants are unable to submit their supporting documentation electronically, even if they are applying for a benefit through MSCA. They must still provide their supporting documentation either in person at a Service Canada centre or by mail. The only exception to this is with respect to the CPP disability benefit, as the medical information that is required in support of an application does not need to be in a specified format and can be uploaded through MSCA.

The intent of MSCA is to fully automate the application process. To do so, applicants must be allowed to upload documentation to support their eligibility for a benefit. To expand automation, MSCA must also be able to validate client information through third-party government data sources. This is currently the case for evidence of age and identity. The CPP Regulations and the OAS Regulations allow for validation through the Social Insurance Registry (SIR). Provincial vital statistic offices provide birth and death information to the SIR through electronic data feeds. When applicants input their date of birth on their online application, it is automatically validated through the SIR. If the information matches, no supporting documentation is requested. If not, MSCA will request documentation. However, the CPP Regulations and the OAS Regulations do not allow third-party validation of other data such as date of death or marital status. Under the CPP Regulations and the OAS Regulations, when proof of death or marriage is required, an original copy of a death or marriage certificate needs to be provided either by mail or in person at a Service Canada centre.

Current status

During the COVID-19 pandemic, Service Canada in-person service locations were closed to protect workers and the public, which necessitated a series of interim measures by ESDC to support the continued delivery of OAS and CPP benefits. Most of the interim measures were designed to simplify certain evidentiary requirements, as during this time Canadians were both unable to obtain and to submit original documents or certified copies as part of their CPP and/or OAS benefit applications. These measures, which allowed ESDC to continue to process benefit applications even when in-person service was not possible, have remained in place since that time.

The proposed regulatory amendments would codify the interim measures that were put in place due to the pandemic. The evidentiary requirements set out in the current versions of the CPP Regulations and the OAS Regulations were created in a pre-digital world where original documents or certified paper copies were the only feasible option. Although clients may currently apply for CPP or OAS benefits electronically through their MSCA, supporting documentation must still be provided by way of an original or certified copy, and cannot be uploaded through MSCA. This proposal would continue to allow applicants to provide supporting documentation in paper form but would also allow electronic document formats to be accepted in specified circumstances. The primary goal would be to allow applicants to upload their supporting documentation electronically, through their MSCA, modernizing the delivery of CPP and OAS benefits. This would specifically assist in applications for the CPP survivor pension, CPP death benefit, CPP children’s benefits, CPP pension sharing, CPP credit splitting, OAS pension, OAS GIS benefits, OAS allowance benefits, and OAS allowance for the survivor.

The proposed regulatory amendments would streamline the evidentiary requirements for certain benefits under the CPP and OAS programs to allow applicants to submit uncertified copies of their supporting documentation and allow the Minister to rely on the information in these third-party government data sources when appropriate. They would also permit applicants to upload electronic copies of their supporting documents, along with their application, via their MSCA. The Minister would, however, retain the ability to request original or certified copies of supporting documents if necessary.

Objective

The objective of the proposed regulatory amendments is to modernize the application process for CPP and OAS benefits where evidence of age, identity, marital status, death, or status as a full-time student is required, by enabling the use of digital technology. The regulatory proposal would allow applicants to choose their preferred method of providing documentary evidence, be it in person, by mail, or by uploading an electronic copy through their My Service Canada Account.

Description

The proposed regulatory changes are set out below.

Canada Pension Plan Regulations

Age and identity requirements

The proposed regulatory amendments would allow applicants to upload an electronic copy of their birth certificate through their My Service Canada Account or submit an uncertified copy in person, or by mail, in support of determining their age and identity. The Minister would retain the right to request an original or certified copy of a birth certificate as an integrity measure.

Determination of marriage

The proposed amendments would allow for the determination of marital status to be made through third-party government data sources, such as a declaration made to the Canada Revenue Agency. They would also allow marital status to be determined when an attestation is made on an application for a CPP survivor’s pension or an application for CPP pension sharing and the marital status is verified through another program under the Minister’s authority.

Further, the proposed CPP regulatory amendments would allow for an uncertified copy of a marriage certificate, including applicants submitting an electronic copy through their My Service Canada Account, to be acceptable proof of marital status in support of an application for credit splitting, pension sharing between spouses, or the survivor pension. The Minister would retain the right to request an original certificate of marriage as an integrity measure.

Determination of death

The CPP Regulations would be amended to allow the Minister to make a determination of death based on third-party government data sources, such as information provided by the Social Insurance Registry, which collects data from provincial vital statistics registries, and information provided directly from funeral directors. In cases where death occurs outside Canada, the proposed amendments would allow for validation through data exchange with foreign governments with whom ESDC has concluded an information-sharing agreement. Should there be a discrepancy between the information contained in the application and the Social Insurance Registry or other third-party government data sources, an original certificate of death would be requested.

The proposed amendments would also allow an applicant to submit an uncertified copy of the death certificate in support of an application for a death benefit, survivor’s benefit, or deceased contributor’s child’s benefit.

Determination of full-time student status for children’s benefits

The proposed regulatory amendments would remove the requirement for a declaration of full-time attendance at a school or university signed by a school official, and instead would allow students between 18 and 25 years of age to provide an attestation confirming their full-time attendance at school or university, provided it was accompanied by documentation in support of the attestation, such as proof of full-time enrollment from their school or university account.

Old Age Security Regulations

Evidence of age and identity

The proposed amendments would remove the requirement for a copy of a birth certificate to be certified where it is used to determine the age and identity of an individual under section 18 of the OAS Regulations.

Relationship evidence

The proposed regulatory amendments would remove the requirement for the copy of the record of marriage to be certified when it is used to determine the relationship between the applicant and their spouse or common-law partner under section 16 of the OAS Regulations.

Regulatory development

Consultation

While there has been no specific external consultation on these changes to date, many of these measures are currently in place. The process of prepublication in the Canada Gazette will provide Canadians with a chance to express their views. Some of the proposed regulatory amendments are in response to feedback and requests received from stakeholders. Funeral directors have requested the Department accept proof of death from funeral homes, and student groups and universities have requested the Department accept electronic evidence of full-time attendance at school or university.

Modern treaty obligations and Indigenous engagement and consultation

An assessment has been conducted and no implications have been found with regard to Indigenous peoples. These proposed regulatory amendments would not infringe on modern treaty obligations.

Instrument choice

Individuals applying for certain CPP or OAS benefits must provide original or certified copies of certain key identity documents or a declaration of full-time attendance at school or university signed by both the student and the school official.

The specific requirements for certified copies of these documents and a declaration of full-time attendance at school or university signed by both the student and the school official are established in the Canada Pension Plan Regulations and the Old Age Security Regulations. Regulatory amendments are necessary to codify these changes.

Regulatory analysis

Benefits and costs

Costs

The proposed regulatory amendments are expected to generate costs for the following activities:

The cumulative total incremental costs are expected to be less than $1 million annually.

Benefits

The benefits of the proposed regulatory amendments are decreases in costs for stakeholders:

Small business lens

Analysis under the small business lens concluded that the proposed amendments to the CPP Regulations and to the OAS Regulations will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule would not apply to the proposed regulatory amendments, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or replaced.

Regulatory cooperation and alignment

These regulatory amendments are not related to a work plan or commitment under a formal regulatory cooperation forum.

Effects on the environment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

A gender-based analysis was conducted, and no negative gender-based analysis plus (GBA+) impacts have been identified for this proposal. This GBA+ analysis established that the proposal would reduce the administrative burden for applicants for many of the CPP and OAS benefits and would therefore provide the greatest benefit to the individuals who receive these benefits, specifically, members of low socio-economic and marginalized groups such as seniors, survivors, students, and people with disabilities. These measures are intended to be particularly beneficial for members of certain disadvantaged groups who often face barriers in securing officially certified documents due to the cost in time, information, transportation, administrative fees, or physical exertion. The proposal would reduce or remove those barriers and would therefore have the greatest benefit for individuals of low socio-economic status, new Canadians, disabled persons, seniors, and youth.

Implementation, compliance and enforcement, and service standards

Implementation

The amendments would take effect upon publication in the Canada Gazette, Part II.

Compliance and enforcement

The Integrity Services Branch (ISB) within ESDC regularly conducts random audits and compliance reviews on CPP and OAS programs and services to assist in identifying risks, provide information on mitigation and prevention strategies, and identify the nature and extent of incorrect payments due to internal or external program compliance errors, abuse and/or fraud. In addition, to ensure appropriate CPP and OAS benefit payments are made, the ISB conducts a number of administrative investigations annually. An administrative investigation is an impartial investigative process conducted by the ISB on files referred from the Department’s employees due to identified anomalies and discrepancies in the files, or due to third-party complaints and voluntary applicant disclosures received by the Department. Files referred to the ISB for an administrative investigation may result in the imposition of an administrative monetary penalty when it has been discovered that the applicant or beneficiary knowingly made a misrepresentation (i.e. they knowingly provided false or misleading information or knowingly withheld or omitted relevant information). The ISB is responsible for referrals to the Royal Canadian Mounted Police (RCMP) for criminal investigations. The circumstances of each case would determine if charges could be laid by the RCMP or the Department of Justice under the Criminal Code, the Canada Pension Plan or the Old Age Security Act or a combination of these acts. The RCMP would make the decision concerning the laying of charges in all cases referred by the ISB.

Therefore, random audits, compliance reviews, and administrative investigations would continue to be implemented to verify that the risk to the integrity of the CPP and OAS program remains low and that eligibility criteria would be met under the proposed regulatory amendments. Program, policy, and procedural material would be updated to ensure uniformity in the administration of the CPP Regulations and the OAS Regulations by all departmental staff. In addition, the Minister would reserve the right to request original or certified copies of documents should any wrongdoing be suspected.

Contact

Neal Leblanc
Director
Canada Pension Plan Policy and Legislation
Seniors and Pensions Policy Secretariat
Income Security and Social Development Branch
Employment and Social Development Canada
Telephone: 819‑635‑6760

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Canada Pension Plan Regulations under subsection 89(1)footnote a of the Canada Pension Plan footnote b.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Neal Leblanc, Director, Canada Pension Plan Policy and Legislation, Employment and Social Development Canada, 140 Promenade du Portage, Gatineau, Quebec K1A 0J9 (tel.: 819‑635‑6760; email: neal.leblanc@hrsdc-rhdcc.gc.ca).

Ottawa, September 26, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending the Canada Pension Plan Regulations

Amendments

1 Section 47 of the Canada Pension Plan Regulations footnote 1 is replaced by the following:

47 (1) Subject to subsections (2) to (4) and sections 49 and 50, the Minister must determine the age and identity of a person for the purposes of the Act on the basis of

(2) If there are reasonable grounds to doubt the validity of the copy of the birth certificate or the copy of the act of birth referred to in paragraph (1)(a), the Minister may require that the original birth certificate or, if applicable, the copy of the act of birth issued by the Directeur de l’état civil be furnished.

(3) If there are reasonable grounds to believe that a birth certificate, a copy of that certificate or a copy of an act of birth is not available, the Minister may determine the age and identity of a person on the basis of any other evidence or information with respect to the age and identity of the person.

(4) If the Minister is unable to determine the age and identity of a person under any of subsections (1) to (3), the Minister may, if possible, determine the age and identity of the person on the basis of any information obtained from Statistics Canada under section 87 of the Act.

2 Section 49 of the Regulations is replaced by the following:

49 If the age of a person has been determined under the Old Age Security Act or a provincial pension plan, that determination may be accepted by the Minister for the purposes of the Act.

3 (1) The portion of paragraph 51(a) of the English version of the Regulations before subparagraph (i) is replaced by the following:

(2) Paragraph 51(b) of the Regulations is replaced by the following:

4 (1) The portion of subsection 54(1) of the Regulations before paragraph (a) is replaced by the following:

54 (1) For the purposes of determining whether an application for a division of unadjusted pensionable earnings under section 55 or paragraph 55.1(1)(b) or (c) of the Act may be approved, the applicant must, in the application or in writing when requested to do so by the Minister, set out or furnish the Minister with the information required under section 52 in the case of an application for a benefit, subject to any modifications that the circumstances may require, and with the following additional information or evidence as is applicable:

(2) Paragraph 54(1)(d) of the Regulations is replaced by the following:

(3) The portion of subsection 54(2) of the English version of the Regulations before paragraph (a) is replaced by the following:

(2) The information relating to the marriage in question for the purposes of paragraph 55.1(1)(a) of the Act is the following as applicable:

(4) Paragraph 54(2)(b) of the Regulations is replaced by the following:

(5) Section 54 of the Regulations is amended by adding the following after subsection (2):

(3) If there are reasonable grounds to doubt the validity of the copy of the certificate of marriage referred to in paragraph (1)(d) or (2)(b), the Minister may require that the original certificate of marriage or, if applicable, the copy of the act of marriage issued by the Directeur de l’état civil be furnished.

5 (1) The portion of section 54.1 of the Regulations before paragraph (a) is replaced by the following:

54.1 (1) For the purposes of determining whether an application for an assignment of a portion of a retirement pension under section 65.1 of the Act may be approved, the applicant must, in the application or in writing when requested to do so by the Minister, set out or furnish the Minister with the information required under section 52, subject to any modifications that the circumstances may require, and with the following additional information or evidence as is applicable:

(2) Paragraph 54.1(1)(d) of the Regulations is replaced by the following:

(3) Section 54.1 of the Regulations is amended by adding the following after subsection (1):

(2) If there are reasonable grounds to doubt the validity of the copy of the certificate of marriage referred to in paragraph (1)(d), the Minister may require that the original certificate of marriage or, if applicable, the copy of the act of marriage issued by the Directeur de l’état civil be furnished.

6 Section 63 of the Regulations is replaced by the following:

63 (1) When a determination is made by the Minister as to whether a person is the spouse, common-law partner, child or parent of an applicant, a contributor or another person subject to a division or whether a person is deceased, the determination must be made by the Minister on the basis of

(2) The applicant or beneficiary must furnish to the Minister any certificate of marriage, birth, baptism or death, or a copy of any of those certificates, as the case may be, or a copy of any act of marriage, baptism, birth or death, as the case may be, that may enable the Minister to make a determination referred to in subsection (1).

(3) If there are reasonable grounds to doubt the validity of any of the copies of the documents referred to in subsection (2), the Minister may require that the original of the document or, if applicable, the copy of the act issued by the Directeur de l’état civil be furnished.

(4) For the purposes of subsection (1), if none of the documents referred to in subsection (2) are available or adequate for the purpose of making the determination, the applicant or beneficiary must provide to the Minister, at the Minister’s request, any other document or information that is available with respect to the relationship of the person.

7 Section 67 of the Regulations and the heading before it are replaced by the following:

Attestation of Attendance at a School or University

67 An applicant or beneficiary must, in support of their claim that a dependent child of 18 or more years of age is or has been for a period of time in full-time attendance at a school or university, file with the Minister an attestation confirming that attendance signed by the child and any supporting documentation.

Coming into Force

8 These Regulations come into force on the day on which they are registered.

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