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CANADA PENSION PLAN
OLD AGE SECURITY ACT
CANADIAN MILITARY PENSIONS
Immunity From Garnishment

Amended March 28, 2010 - clarification of message.


EXCERPT FROM CPP ACT OF CANADA
OLD AGE SECURITY ACT
CANADIAN ARMED FORCES SUPERANNUATION ACT

A benefit shall not be "attached" - (suffer garnishment)


The Canada Pension Plan Act that stated the benefit protection in Section 65 [ CPP Act 2010 ]

The current Canada Pension Plan Act showing that Section 65 has been deleted from that Act, thus showing that CRA can consider all benefits to Canadians as being forfitable by way of the fact that all Canadians are considered to be slaves owned by the corporate Crown of the City of london, for whom the Queen only acts as agent under the facate of being the Monarch totally subject to the Pontiff of Rome and his fascist Holy Roman Empire.[ CPP Act 2011 ]

The benefits protection from seizure, which has been eliminated:

Canada Pension Plan Act
R.S., 1985, c. 30 (2nd Supp.), s. 31.

Benefit not to be assigned, etc.

65. (1) A benefit shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security a benefit is void.

Benefit not subject to seizure or execution

(1.1) A benefit is exempt from seizure and execution, either at law or in equity.

Exception

(2) Notwithstanding subsections (1) and (1.1), where any provincial authority or municipal authority in a province pays a person any advance or assistance or welfare payment for a month or any portion of a month that would not be paid if a benefit under this Act had been paid for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from that benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not exceeding the amount of the advance or assistance or welfare payment paid. My note: No double dipping out of Crown coffers.

Exception

(3) Notwithstanding subsections (1) and (1.1), where an administrator of a disability income program who is approved by the Minister makes a payment under that program to a person for a month or any portion of a month that would not have been made if a benefit under paragraph 44(1)(b) had been paid to that person for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from that benefit and pay to the administrator an amount not exceeding the amount of the payment made under that program.
My note: No double dipping.

R.S., 1985, c. C-8, s. 65; 1991, c. 44, s. 15; 1995, c. 33, s. 29; 1997, c. 40, s. 78.

When a question or dispute filed with the Minister of Human Resources regarding the CRA's act of garnishing someone's CPP, OAS or Military Pension by way of a "statutory setoff", they state the following reason, as we see in Section 66 of the CPP Act:

My note: Obviously, Section 66 cannot contradict Section 65 of the same Act - quoted above.

    Return of benefit where recipient not entitled

    66. (1) A person or estate that has received or obtained by cheque or otherwise a benefit payment to which the person or estate is not entitled, or a benefit payment in excess of the amount of the benefit payment to which the person or estate is entitled, shall forthwith return the cheque or the amount of the benefit payment, or the excess amount, as the case may be.

My note: Reasons for return of benefit: 1. Not eligible. 2, Paid to wrong party. 3. Overpayment

    Recovery of amount of payment

    (2) If a person has received or obtained a benefit payment to which the person is not entitled, or a benefit payment in excess of the amount of the benefit payment to which the person is entitled, the amount of the benefit payment or the excess amount, as the case may be, constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

My note: Recoverable by court action ONLY for reasons in Para. 66 (1)

    Recovery of amount of interest

    (2.01) Interest payable under this Part constitutes a debt due to Her Majesty and is recoverable at any time in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act.

My note: Interest payable ONLY on debt established in Para. 66 (2)

    Set-off

    (2.1) Where any amount is or becomes payable to the person or the personís estate or succession under this Act or any other Act or program administered by the Minister, that indebtedness may, in the prescribed manner, be deducted and retained out of the amount payable.

My note: Any "debt" to the Queen recoverable is ONLY a "debt" resulting from an Act administered by the Minister of Human Resources. There is NO provision to collect debts of Acts administered by other Ministers, as for instance, the Income Tax Act administered by the Minister of National Revenue.


This Act has likely also been amended to eliminate the 'seizure protection' the same as CPP and OAS.

FROM THE CANADIAN ARMED FORCES
SUPERANNUATION ACT:

"(c) a benefit under this Part, Part I.1 or Part III is exempt from attachment, seizure and execution, either at law or in equity."


Old Age Security Act: [Canada OAS Act 2010]

Apparently, the OAS and CPP Acts were amended in early 2011 whereby the 'no attachments to benefits' provision was deleted from those Acts. Here is a link to the latest OAS Act where Section 36 is deleted: OAS Act 2011 This Act revision, which was done so hurridly fails to even re-number the Sections of that Act, and shows that the Government of Canada now fully admits that we [ALL CANADIANS] are 'plantation slaves' owned by the corporate Crown of the City of London, and that we are fully within the re-confirmed mandate ( by current Pope in the year 2000) of the Papal Bull (Papal Edict) Unam Sanctam (1302) that says: "Furthermore, we declare, we proclaim, we define that it is absolutely necessary for salvation that EVERY HUMAN CREATURE be SUBJECTS TO THE ROMAN PONTIFF. Subject to = slave of. The City/State of the City of London, as is the District of Columbia, wholly owned by the City/State called the Vatican, and the corporate/fascist Holy Roman Empire. The 'Roman Catholic Church' is just a 'facade' - a 'false front' for the totally secular/worldly Holy Roman Empire where the headquarters for that corporate body is in Vatican City. The Canadian politicians are apparently merely minions of the Pontiff of Rome and forced to conform to Papal POLICY by such organizations as the Jesuit Order, the Opus Dei and the Knights of Malta. Their continued activities in eliminating the freedoms of Canadians is coincident with the elimination of freedoms of the people in all western nations that are all under the 'policy' dictates of the Vatican, so as to enforce the enslavement of us, and cull those 'useless eaters' from existence through the poison food and water additives, poison pharmaceutical drugs, lack of proper medical attention, and, most recently, radiation poisoning.

The following, (and the above CPP benefits protections) are the rights to old age benefits that we have recently had taken away from us:

Benefit not assignable

36. (1) A benefit shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security a benefit is void.

Benefit not subject to seizure or execution
(1.1) A benefit is exempt from seizure and execution, either at law or in equity.

Exception
(2) Despite subsections (1) and (1.1), if a provincial authority or a municipal authority in a province pays a person any advance or assistance or welfare payment for a month or a portion of a month that would not be paid if a benefit under this Act had been paid for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from the benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not more than the amount of the advance or assistance or welfare payment paid.


There was a revising act in November 2006 allowing pension benefits and tax refunds to be garnisheed for family support payments, but nowhere is there a provision allowing for garnishment of CPP, OAS or Military pension by CRA.


Suggested notice to be sent to the Federal Minister of Human Resources if you are a victim of the CRA "statutory setoff" scam. Copy and paste to your word processor:


NOTICE AND DEMAND

           

From: [Strawman Name]                                                                              CPP Number:
ADDRESS
DATE, 2001

To: [Human Resources Minister] M.P.
Minister of Human Resources and Development
House of Commons
Ottawa ,Canada
K1A 0A6

I, for [strawman name], the Crown owned trustee in trust and agent in commerce for the living adult man
commonly called __________________ of the family called _______________ who is of free will status,
the undisclosed principal and beneficiary, and lawful claimant in right of equity ownership of all
that is held in trust by (strawman name). This man is not a corporate member of 'person' status.

If the Crown, the Queen, the Minister of National Revenue or CRA has determined that this party,
___________ (strawman name) is indebted to Her Majesty in a legal claim, such as by property right of
the Crown, any assets held in any manner by this party are not subject to confiscation using any method
of confiscation under legal claim, either under such property right claim, or under statutory law,
in that such act violates the laws of trust and imposes legal claim over equitable claim, an unlawful act.

Pension and/or Old Age Security benefits are the property of the trustor and beneficiary because
that party gave value to it, not this Crown owned fictional name. And, a statutory setoff is totally
unlawful in the absence of any good contract where debt is established. And, the principal has made
no contract with the Crown establishing a debt, nor agreement to be surety or good as aval for the
debts of (strawman name). Neither is the free will adult man an accessory voluntarily and permanently
attached the legal identity Crown owned name, ____________ (strawman), and use is by necessity only.

And, a supposedly voluntary statutory setoff is certainly not acknowledged nor authorized by me, this
undisclosed principal. I therefore forbid you to pay over to CRA or to the Receiver General of Canada
any amount of Canada Pension and OAS benefits payable to this party.

The former CPP Act Section 65, deleted in the 2011 revision, forbids any deductions or garnishments
from CPP, and it appears to one who reads the revisised version that these prohibition still exist, but
were just deleted from sight, as the paragraph numbers of the remaining sections have not been altered
to show that they noted paragraph does not exist - to wit:

From CPP ACT, as of 2010 - QUOTE:

Benefit not to be assigned, etc.

65. (1) A benefit shall not be assigned, charged, attached, anticipated or given as security,
and any transaction purporting to assign, charge, attach, anticipate or give as security a
benefit is void.

Benefit not subject to seizure or execution

(1.1) A benefit is exempt from seizure and execution, either at law or in equity.

Exception
(2) Notwithstanding subsections (1) and (1.1), where any provincial authority or
municipal authority in a province pays a person any advance or assistance or welfare
payment for a month or any portion of a month that would not be paid if a benefit
under this Act had been paid for that period and subsequently a benefit becomes
payable or payment of a benefit may be made under this Act to that person for that
period, the Minister may, in accordance with any terms and conditions that may be
prescribed, deduct from that benefit and pay to the provincial authority or municipal
authority, as the case may be, an amount not exceeding the amount of the advance or
assistance or welfare payment paid.

Exception
(3) Notwithstanding subsections (1) and (1.1), where an administrator of a disability
income program who is approved by the Minister makes a payment under that
program to a person for a month or any portion of a month that would not have been
made if a benefit under paragraph 44(1)(b) had been paid to that person for that
period and subsequently a benefit becomes payable or payment of a benefit may be
made under this Act to that person for that period, the Minister may, in accordance
with any terms and conditions that may be prescribed, deduct from that benefit and
pay to the administrator an amount not exceeding the amount of the payment made
under that program.

Section 66 of the CPP Act ONLY gives authority to deduct from CPP or other benefits
from Acts subject to the Minister of Human Resources when such benefits
have been paid to an ineligible party or where overpayments have been made.
There is no provision within the CPP Act or OAS Act to pay benefits arising from
Acts under the Minister of Human Resources for debts arising out of Acts under the
Minister of National Revenue.

R.S., 1985, c. C-8, s. 65; 1991, c. 44, s. 15; 1995, c. 33, s. 29; 1997, c. 40, s. 78.

Old Age Security Act, Canada

The former OAS Act Section 36, deleted in the 2011 revision, forbids any deductions
or garnishments from OAS, and it appears to one who reads the revisised version that
these prohibition still exist, but were just deleted from sight, as the paragraph numbers
of the remaining sections have not been altered to show that they noted paragraph does
not exist - to wit:

Benefit not assignable (as of 2010 OAS Act)

36. (1) A benefit shall not be assigned, charged, attached, anticipated
nor given as security, and any transaction purporting to assign, charge,
ttach, anticipate or give as security a benefit is void.

Benefit not subject to seizure or execution
(1.1) A benefit is exempt from seizure and execution, either at law or in equity.

Exception
(2) Despite subsections (1) and (1.1), if a provincial authority or a
municipal authority in a province pays a person any advance or
assistance or welfare payment for a month or a portion of a month
that would not be paid if a benefit under this Act had been paid for
that period and subsequently a benefit becomes payable or payment
of a benefit may be made under this Act to that person for that period,
the Minister may, in accordance with any terms and conditions that may
be prescribed, deduct from the benefit and pay to the provincial authority
or municipal authority, as the case may be, an amount not more than
the amount of the advance or assistance or welfare payment paid.
UNQUOTE

Therefore, demand is upon you to forthwith order a cease and desist against
the payment of any portion of Canada Pension and OAS benefit payable to my
agent in commerce to be paid over to the Receiver General as a statutory setoff,
which statutory setoff has been directed by Canada Revenue Agency, and an immediate
refund to >me of any monies unlawfully confiscated by CRA from pensions payable
to this party .

Your response to me regarding this demand for redress of the unlawful acts of
confiscation by CRA of Canada Pension and OAS benefits from this party and
the lawful beneficiary of this trust, and this demand for your compliance with
the Canada Pension Plan Act and the Old Age Security Act is requested within 15 days.

I, commonly called ___________ of the _____________ family, in own right,

for __________[strawman signature]________ in own right                     _________________________
Signature                                                                                                 Witness

cc: [Minister of National Revenue] M.P.
Minister of National Revenue


Conclusion - CRA can, and occassionally does garnish
CPP, OAS and Military Pensions dispite what you read above.

So, you can either do your own research as to whether the prohibitions against garnishment of CPP, OAS and Military Pension is valid and effective in those three Acts, or whether there is a conflict in the fact that the Income Tax Act allows CRA to garnish CPP, OAS and the Military Pension by questioning the Minister Of Human Resources and Minister of Nartional Revenue. Or, you can accept my belief as stated within the following text.

The Minister of National Revenue may respond with a statement that the Income Tax Act Section 224(1) allows for a 'setoff' of any money payable by Her Majesty to a debtor taxpayer. A 'setoff' is a 'property right issue'. In their usual deceit that they are so accustomed to when dealing with what they see as disobedient slaves, they will not give you a reason why the Income Tax Act is given superior notice than the provisions within the pension Acts.

So, my conclusion is - that Section 224.1 (Income Tax Act) Recovery by deduction or set-off

    224.1 Where a person is indebted to Her Majesty under this Act or under an Act of a province with which the Minister of Finance has entered into an agreement for the collection of the taxes payable to the province under that Act, the Minister may require the retention by way of deduction or set-off of such amount as the Minister may specify out of any amount that may be or become payable to the person by Her Majesty in right of Canada. End quote

is based upon the property right of the Crown of the City of London , for whom the Queen acts as agent, over owned slaves, as 'property right' overrules statutory law, and 'taxes' are just the harvesting of the fruits of labour of owned slaves. And, you are considered to be of 'slave status'.

You can still make CPP and OAS non-taxable by filing using my method that shows the 'taxpayer', the 'legal name' owned by the Crown only has an income of $3500 as a fee for services as your agent in commerce. If CRA disputes that, then I suggest using these three document templates as a possible remedy.

You, the free will adult man (male or female) are the party who provided the asset value that is recovered by the receipt of the CPP, OAS or Military Pension. However, all three are held in the account of, and paid out to the legal name that is your agent in commerce. They are NOT 'income' for the legal name, which is the 'taxpayer'. You, the free will adult man, are NOT a TAXPAYER, but, YOU, the free will adult man, are the BENEFICIARY of the proceeds of those pension programs.


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