Old Age Security ID and Relationship Rules

Summary#

The Canada Gazette published proposed changes to the Old Age Security Regulations on October 5, 2024. The proposal explains what documents the government can ask for to prove someone’s age or relationship status when they apply for Old Age Security benefits, and how officials can use records from Statistics Canada; people can comment within 30 days.

What it does#

• Replaces the rules about proving a spouse or common‑law partner (previous section 16 of the Old Age Security Regulations):
  • For married applicants, the government can ask for a marriage certificate, a copy of it, or an act of marriage.
  • For common‑law partners, it can accept a statutory declaration describing the relationship or other evidence.
  • If a copy looks doubtful, officials may ask for the original or a copy issued by the Directeur de l’état civil.
  • If a certificate isn’t available, a statutory declaration or other evidence can be used instead.
• Replaces the rules about proving age and identity (previous section 18):
  • The government can use a birth certificate, a copy, or an act of birth, or information shared by the Canada Employment Insurance Commission.
  • If a birth‑certificate copy seems doubtful, officials may require the original or a copy from the Directeur de l’état civil.
  • If no birth certificate is available, the government can accept other evidence of age and identity.
  • If age and identity still can’t be determined, officials may try to use information from Statistics Canada.
• Adds a new rule about getting census records from Statistics Canada (new section 18.1):
  • The government can request age information from Statistics Canada only if the request uses the form prescribed by the Chief Statistician of Canada, includes the signed consent of the person, and gives the specific search details needed.
  • Any information supplied by Statistics Canada must be kept confidential and used only to establish the applicant’s age for Old Age Security or the Canada Pension Plan.
• Timing:
  • The proposed amendments would come into force on the day on which they are registered if adopted.

Who's affected#

• People applying for Old Age Security benefits and their spouses or common‑law partners.
• Applicants who do not have an original birth or marriage certificate, or who only have copies.
• Government offices that handle Old Age Security applications, including Employment and Social Development Canada, the Canada Employment Insurance Commission, and Statistics Canada.

Why it matters#

• The changes make explicit what documents officials can demand or accept when deciding OAS applications. That can speed up decisions for some applicants and give clarity about acceptable evidence.
• People without original civil documents (for example, only having copies or no certificate) will now see statutory declarations and other evidence specifically allowed in certain cases.
• The rules allow use of census or other Statistics Canada records, but only with a prescribed form and the applicant’s signed consent, and the information is limited to establishing age — which affects privacy and evidence options.
• This is a proposed regulation, so the government is seeking public feedback during the 30‑day comment period.