Think about the one we had this week, where the person was incarcerated for 27 years; I think that person actually is over 65.
Would it go all the way back to age 65? Is there any limit on the retroactivity?
Evidence of meeting #30 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.
A recording is available from Parliament.
NDP
Joe Comartin NDP Windsor—Tecumseh, ON
Think about the one we had this week, where the person was incarcerated for 27 years; I think that person actually is over 65.
Would it go all the way back to age 65? Is there any limit on the retroactivity?
Director General, Seniors and Pensions Policy Secretariat, Department of Human Resources and Skills Development
In the case of administrative error or erroneous advice, there's no limit.
Conservative
The Chair Conservative Candice Bergen
Thank you.
On clause 4, the NDP amendment has been withdrawn and the Bloc amendment has been withdrawn.
Mr. Komarnicki, you wanted to speak.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
I just wanted to say, Madam Chair, that I think by consent of all parties, we've come upon a suitable amendment to clause 4, and there will be a number of consequential amendments along the same lines that Mr. Comartin had in his amendments.
I'm wondering if we couldn't ask the department officials to read in what the “amendment by consent” would be in English and French, and then we can proceed as we go clause-by-clause, starting with clause 4 now.
Conservative
The Chair Conservative Candice Bergen
All right.
So what we'll do, then, is if the officials have, both in English and French, the amendment that was proposed by consent, if you could read that, then we'll open it up for discussion and vote on that amendment and then proceed from there.
Could you please read that?
Senior Counsel, Legal Services, Department of Human Resources and Skills Development
The amended clause reads as follows:Despite subsection (1), if the application by a person described in subsection 5(3) is approved while that person is incarcerated, payment of their pension shall commence in respect of the month in which they are released but only after they notify the Minister in writing before or after their release.
Conservative
The Chair Conservative Candice Bergen
Thank you.
Do we need to have any discussion on that amendment? All right.
(Amendment agreed to)
(Clause 4 as amended agreed to)
(On clause 5)
Conservative
The Chair Conservative Candice Bergen
What we're going to have to do now, though, is look at each one of the clauses and see the exact wording. I think this probably will take longer than just five minutes, because there are several potential amendments that I think will need to be addressed.
Conservative
Conservative
The Chair Conservative Candice Bergen
It is, but there's very specific wording, so unless the clerk--
Conservative
Bloc
Yves Lessard Bloc Chambly—Borduas, QC
Madam Chair, there will be issues of consistency resulting from the amendment that we just passed. What we just decided will automatically have an impact on other clauses. Maybe at our next meeting we could be told where those consequential changes need to be made.
Conservative
The Chair Conservative Candice Bergen
Yes, if the committee would be in agreement, I think that would probably be a very wise thing to do, so that everyone has the opportunity to see in writing exactly how the amendments look in both official languages.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Madam Chair, the amendments are exactly the same in five different places. It's the same wording, so it's not like it's that complicated.
We might want to just plough through. It is saying the same thing: before or after.
Conservative
The Chair Conservative Candice Bergen
Okay, let's do that.
So then we need someone to move the amendment on clause 5.
Mr. Comartin.
NDP
Joe Comartin NDP Windsor—Tecumseh, ON
Mr. Lessard has that amendment. I'm not clear that....
This is his amendment, not a subamendment. His amendment is still outstanding. It is on clause 4, and I believe it's still outstanding.
Conservative