Lexis Nexis Annotated Canada Pension Plan and Old Age Security Act, 23rd Edition, 2024/2025
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Product description
The one-stop source for mastering CPP disability claims, government pensions entitlement and procedures, employment status, director’s liability for remittances, and more!
Whether you have to handle a CPP or OAS claim, calculate and remit withholdings on employee compensation, ascertain the employment status of a worker or tackle a procedural or jurisdictional issue before the Social Security Tribunal, Annotated Canada Pension Plan and Old Age Security Act, 23rd Edition, 2024/2025 is for you. This handy work is the only portable, one-stop resource in this area for professionals on the go.
Containing the full text of the CPP and regulations, OAS Act and regulations, Parts V & VI of the Department of Employment and Social Development Act and Regulations along with section-by-section annotations and cross-references throughout, you’ll have convenient access to expert commentary and explanations of relevant legislative provisions and Court and Tribunal decisions in respect of CPP, OAS and related procedural issues. The book's unique and comprehensive CPP disability table shows how the courts and tribunals have applied the legislation to various situations and ailments. The book also offers up-to-date coverage of pending legislation and new cases, as well as key decisions of the Social Security Tribunal and former Pension Appeals Board.
What's New In This Edition
- Recent Key Court and Tribunal decisions on the following topics:
- Effect of volunteer work on determination of disability
- Whether the Social Security Tribunal or the Federal Court can change the end date of a claimant’s Minimum Qualifying Period
- Whether "occupation" includes benevolent employment
- Intervention on Charter of Rights and Freedom cases
- Whether the DCCB provision discriminates against children in applying a retroactivity cap
- Notes of deceased’s therapist as evidence of common-law status
- Extension of time to appeal Ministerial determination
- Digests of all 2023 Social Security Tribunal decisions highlighted on the Tribunal’s website, dealing with such practical issues as:
- Effect of change requiring the Appeal Division to hold a trial de novo
- Review of Ministerial determinations
- Effect of earning more than “substantially gainful” salary or wages under s. 68.1 of the CPP Regulations
- Tribunals taking judicial or official notice of supposed facts
- Onus where Minister ceasing to pay disability pension
- Necessity of documentation of all functional limitations in medical report
- Effect of refusing treatment
- Appropriate order where there is a reasonable expectation of bias on the part of a tribunal member
Who Will Benefit
- Pension and Benefits Lawyers – Keep abreast of recent changes to the law and the latest tribunal and court decisions that affect the interpretation of government pension legislation
- Employment lawyers – Ascertain whether a worker is an employee, or a dependent or independent contractor
- Corporate and tax lawyers – Ensure that the required CPP remittances are made by employers
- Human Resource Professionals – Explain the procedural and adjudicative framework for dealing with disability claims and pension entitlements to employees
- Accountants – Calculate the CPP remittances of employees
- Legal Clinics – Advise and assist elderly or disabled clients obtain the assistance or pension they deserve
Table of contents
The Canada Pension Plan Disability Pension – Procedure and Entitlement
Disability Case Table
Canada Pension Plan
Canada Pension Plan Regulations
Additional Canada Pension Plan Sustainability Regulations
Calculation of Contribution Rates Regulations, 2021
Canada Pension Plan – Prescribed Province Pension Regulations
Calculation of Contribution Rates Regulations, 2007 – Repealed
Rules of Procedure of the Pension Appeals Board for Appeals under Section 83 of the Canada Pension Plan – Repealed
General Rules of the Tax Court of Canada Regulating the Practice and Procedure in the Court of Appeals
Old Age Security Act
Old Age Security Regulations
Department of Employment and Social Development Act
Social Security Tribunal Regulations – Repealed
Social Security Tribunal Regulations, 2022
Social Security Tribunal Rules of Procedure
Index
