spec govops-010 · authority chain
Government of Canada
Trace any operational rule back through every layer of authority that legitimizes it.
- Country:
- CA
- Level:
- federal
- Legal tradition:
- Bijural (common law / civil law)
- Language regime:
- English and French (Official Languages Act)
Chain
Legal documents
- Statute
Old Age Security Act
R.S.C., 1985, c. O-9 · Dec 1984
s. 3(1)Payment of pension
Subject to this Act and the regulations, a monthly pension may be paid to every person who, being sixty-five years of age or over, has resided in Canada after reaching eighteen years of age and after July 1, 1977 for periods the aggregate of which is not less than ten years.
s. 3(2)Amount of pension
The amount of the pension that may be paid to a pensioner is (a) where the pensioner has resided in Canada after reaching eighteen years of age and after July 1, 1977 for periods the aggregate of which is not less than forty years, a full pension, and (b) in any other case, a proportion of a full pension equal to one-fortieth of a full pension for each complete year of residence in Canada after the pensioner reached eighteen years of age.
s. 3.1(1)Requirement for application
No pension may be paid to any person unless an application therefor has been made by or on behalf of that person and payment of the pension has been approved.
- Regulation
Old Age Security Regulations
C.R.C., c. 1246 · Dec 1984
s. 21(1)Evidence of age
An applicant for a benefit shall furnish evidence of the applicant's age, which evidence shall be a birth certificate or a certified copy thereof.
Rules
- Age threshold
Applicant must be 65 years of age or older
Formal expression
applicant.age >= 65
Parameters
min_age 65 - Residency minimum
Minimum 10 years of Canadian residency after age 18
Formal expression
canadian_residency_years_after_18 >= 10
Parameters
min_years 10 home_countries ["CA","CANADA","CAN"] - Residency (partial)
Full pension at 40+ years; partial pension at 10-39 years (1/40 per year)
Formal expression
pension_ratio = min(residency_years, 40) / 40
Parameters
full_years 40 min_years 10 - Legal status
Applicant must be a Canadian citizen or permanent resident
Formal expression
applicant.legal_status in ['citizen', 'permanent_resident']
Parameters
accepted_statuses ["citizen","permanent_resident"] - Evidence required
Evidence of age must be provided (birth certificate or equivalent)
Formal expression
has_evidence('birth_certificate') or has_evidence('passport')Parameters
required_types ["birth_certificate"] - rule_type.calculation
Monthly OAS pension amount: base × (eligible years ÷ 40)
Formal expression
amount = base_monthly_amount × (min(residency_years, 40) ÷ 40)
Parameters
currency CAD period monthly formula {"op":"multiply","citation":"Old Age Security Act, ss. 7-8 (formula authority)","note":"base monthly amount × (eligible years / 40)","args":[{"op":"ref","ref_key":"ca.calc.oas.base_monthly_amount","citation":"Old Age Security Act, R.S.C. 1985, c. O-9, s. 7","note":"Base monthly OAS, quarterly indexed"},{"op":"divide","args":[{"op":"field","field_name":"eligible_years_oas","citation":"Old Age Security Act, R.S.C. 1985, c. O-9, s. 3(2)(b)","note":"Years of CA residency after 18, integer-floored, capped at 40"},{"op":"const","value":40,"citation":"Old Age Security Act, R.S.C. 1985, c. O-9, s. 3(2)(b)","note":"Full-pension threshold (40 years)"}]}]}