insurance system. However, employment insurance for self-employed persons is only available
to Canadian citizens and permanent residents.424
g. Article 24(1)(b): Canada’s Pension System
Canada Pension Plan & Disability Benefit
The Canada Pension Plan (“CPP”) is available to individuals who have worked in “pensionable
employment” and made contributions on their “pensionable earnings” to the CPP.425 Most
employment constitutes “pensionable employment”, but some occupations are identified in the
Act and Regulations as exempt from consideration as pensionable employment. Persons who are
employed in pensionable employment have CPP contributions deducted directly from their
income and the employer also makes a corresponding pension contribution to the CPP.426 If a
person obtains pensionable employment at the age of 18, they must begin contributing to the
CPP.427 A person who has made pension contributions can apply for a “full” pension at the age of
65 years old. The amount a person is eligible to receive for a full CPP benefit is 25% of their
average monthly pensionable earnings.428 A person is eligible to apply for a reduced CPP benefit
once they reach 60 years of age.429
There is also a CPP Disability Benefit Program, which is for individuals who are under 65 years
of age and are unable to work due to a severe and prolonged disability. In order to be eligible for
the CPP Disability Benefit, a person has to have worked and contributed to the CPP in at least
four of the last six years, or for persons with 25 or more years of valid contributions, have
worked and contributed to the CPP in at least three of the last six years.430
In order to obtain “pensionable employment”, a foreign national would require a valid work
permit. Under the Act and Regulations there is no exclusion of foreign nationals or stateless
persons from obtaining pensionable employment or from applying for CPP. However, it is worth
noting that in order to apply for CPP, the Government of Canada may request that a person
provide “proof of birth” with their application for CPP.431 Although this is not a requirement, the
Government of Canada reserves the right to request it at any time. This could create significant
Employment Insurance Act, supra note 420 at s. 152.02.
Canada Pension Plan, RSC 1985, c C-8, at s. 6(1), 8(1) & 21(1), available at: http://canlii.ca/t/52bt9 [Canada
Pension Plan Act], and Canada Pension Plan Regulations, CRC, c 385, at s. 15-34.1, available at:
http://canlii.ca/t/529t0 [Canada Pension Plan Regulations]. The Act and regulations list a number of pensionable
employment exceptions. However, in general terms “employment” means “the state of being employed under an
express or implied contract of service or apprenticeship, and includes the tenure of an office.”
426
Canada Pension Plan, ibid., at s. 8(1) & 9(1).
427
Ibid., at s. 49.
428
Ibid., at s. 46(1).
429
Ibid., at s. 44(1)(a).
430
Ibid.,at s. 44(2). In order to receive CPP Disability Benefit the pensioner must demonstrate with medical
evidence that they are unable, on a regular basis, to work at any job because of a mental or physical disability that is
both severe and prolonged, see Canada Pension Plan Regulations, supra note 425 at ss. 68-70.
431
Service Canada, “Information Sheet for the Canada Pension Plan Retirement Pension” (23 February 2015), at 2,
available at: http://tinyurl.com/pl8nrqs.
424
425
89
89
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