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OLD AGE SECURITY ACT CANADIAN MILITARY PENSIONS Immunity From Garnishment Amended March 28, 2010 - clarification of message. OLD AGE SECURITY ACT CANADIAN ARMED FORCES SUPERANNUATION ACT A benefit shall not be "attached" - (suffer garnishment) Canada Pension Plan Act
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.
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.
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
(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)
(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)
(2.1) Where any amount is or becomes payable to the person or the person’s 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. FROM THE CANADIAN ARMED FORCES "(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]
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
Exception
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:
From: [Strawman Name] CPP Number:
To: [Human Resources Minister] M.P.
I, for [strawman name], the Crown owned trustee in trust and agent in commerce for the adult man
If the Crown, the Queen, the Minister of National Revenue or CRA has determined that this party,
Pension and/or Old Age Security benefits are the property of the trustor and beneficiary because
And, a supposedly voluntary statutory setoff is certainly not acknowledged nor authorized by me or
The CPP Act Section 65 forbids any deductions or garnishments from CPP, to wit: From CPP ACT - QUOTE: Benefit not to be assigned, etc. 65. (1) A benefit shall not be assigned, charged, attached, anticipated or given as security,
Benefit not subject to seizure or execution (1.1) A benefit is exempt from seizure and execution, either at law or in equity. Exception
Exception
Section 66 of the CPP Act ONLY gives authority to deduct from CPP or other benefits
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 Benefit not assignable 36. (1) A benefit shall not be assigned, charged, attached, anticipated
Benefit not subject to seizure or execution
Exception
Therefore, demand is upon you to forthwith order a cease and desist against
Your response to me regarding this demand for redress of the unlawful acts of
I, commonly called ___________ of the _____________ family, in own right, for __________[strawman signature]________ in own right _________________________
cc: [Minister of National Revenue] M.P.
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
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 have available (request by e-mail) document formats that provides 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. © DetaxCanada 2000 thru 2010 |