Murdo William Martin
The question implies that provincial pension authorities which administer the Old Age Pensions Act take possession of property owned by pensioners when pension is granted. Actually no pension authority takes possession of either real or personal property. Under provincial legislation, however, a pension authority may be authorized to control real property owned by pensioners.
At the death of a pensioner a pension authority may file a claim for recovery out of the estate of the pensioner of the amount of pension paid to the pensioner. In making its decision the pension authority must apply section 9(2) of the Old Age Pensions Act, which provides that ". . .no claim shall be made for the recovery of any such debt directly or indirectly out of any part of the pensioner's estate which passes by will or on an intestacy to any other pensioner or to any person who has, since the grant of such pension or for the last three years during which such pension has continued to be paid, regularly contributed to the support of the pensioner by the payment of money or otherwise to an extent which, having regard to the means of the person so having contributed, is considered by the pension authority to be reasonable." In the agreements made under the Old Age Pensions Act the pension authorities are given discretion 55946-209
to disregard estates where the net value is less than $2,000 or the first $2,000 of any estate.
The amounts recovered by provincial pension authorities from the estates of deceased pensioners and the federal share of such amounts for the fiscal years 1946-47, 1947-48 and 1948-49 were as follows:
New Brunswick ..
Nova Scotia [DOT] 4,384.95 3,288.71Ontario . 179,880.74 134,271.80P. E. Island . 2,855.27 2,141.45Quebec . 56,066.60 42,049.95Saskatchewan ... . 38,897.67 29'022.47Province 1947-48 Total Federal shareAlberta . $ 20,493.15 $ 15,369.86British Columbia. . 93,009.60 68,828.28Manitoba . 55,496.42 40,795.94New Brunswick . Nova Scotia . 10,856.67 8,142.50Ontario . 153,465.75 114,907.46P. E. Island . 1,726.09 1,294.57Quebec . 61,268.43 45,951.32Saskatchewan ... . 40,298.20 30,209.38Province 1948-49 Total Federal shareAlberta . $ 31,950.45 $ 23,962.84British Columbia. . 77,657.91 57,418.69Manitoba . 61,416.03 45,847.11New Brunswick . . 165.57 124.18Nova Scotia . 4,389.61 3,292.21Ontario . 164,609.01 123,235.98P. E. Island . 1,163.28 872.46Quebec . 41,186.40 30,889.80Saskatchewan ... . 45,634.30 34,189.05
Subtopic: CONTROL OF PROPERTY OF OLD AGE PENSIONERS