Vol. 144, No. 6 — March 17, 2010

Registration

SI/2010-16 March 17, 2010

CANADA PENSION PLAN INVESTMENT BOARD ACT AN ACT TO AMEND THE CANADA PENSION PLAN AND THE OLD AGE SECURITY ACT

Order Fixing April 1, 2010 as the Date of the Coming Into Force of Certain Sections of the Acts

P.C. 2010-216 February 23, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of Human Resources and Skills Development,

(a) pursuant to subsection 110(2) of the Canada Pension Plan Investment Board Act (“the Act”), chapter 40 of the Statutes of Canada, 1997, hereby fixes April 1, 2010 as the day on which section 84 of the Act, subsection 90(3) and section 90.1 of the Canada Pension Plan as enacted by sections 86 and 87 of the Act, respectively, sections 100 and 101 of the Act and subsection 44(4) and section 44.1 of the Old Age Security Act as enacted by sections 106 and 107 of the Act, respectively, come into force; and

(b) pursuant to subsection 39(3) of An Act to amend the Canada Pension Plan and the Old Age Security Act, chapter 11 of the Statutes of Canada, 2007, hereby fixes April 1, 2010 as the day on which subsection 4(2), sections 6 and 7, subsection 28(2) and sections 32 and 33 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

The Order fixes April 1, 2010 as the day on which certain provisions of the Canada Pension Plan Investment Board Act come into force. Those provisions add penalty provisions to the Canada Pension Plan and the Old Age Security Act.

The Order also fixes that day as the day on which certain provisions of An Act to amend the Canada Pension Plan and the Old Age Security Act, chapter 11 of the Statutes of Canada, 2007, come into force. Those provisions amend the Canada Pension Plan and the Old Age Security Act to correct certain anomalies, amend the penalty provisions and clarify the wording of certain provisions of those Acts.

A key purpose of the penalty regime established by the provisions that are being brought into force is to deter abuse of the Canada Pension Plan (CPP) and the Old Age Security (OAS) Programs and maintain their integrity. Those provisions provide for the imposition of administrative monetary penalties by the Minister of Human Resources and Skills Development in cases of deliberate omission or misrepresentation by an applicant, a beneficiary or a third party. They also provide for the remittance of penalties by the Minister under certain conditions, such as in cases where a penalty has been imposed without the knowledge of certain relevant facts or where the payment of the penalty would cause undue hardship to the debtor.

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