SANDRA AMY GRACE SINGER Appellant v. THE ATTORNEY GENERAL OF, 2011 FCA 178

Date: 20110525 Docket: A-310-10 Citation: 2011 FCA 178 CORAM: SHARLOW J.A. PELLETIER J.A. STRATAS J.A. BETWEEN: SANDRA AMY GRACE SINGER Appellant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Edmonton, Alberta , on May 25, 2011. Judgment delivered from the Bench at Edmonton, Alberta , on May 25, 2011. REASONS FOR JUDGMENT OF THE COURT BY: STRATAS J.A. Date: 20110525 Docket: A-310-10 Citation: 2011 FCA 178 CORAM: SHARLOW J.A. PELLETIER J.A. STRATAS J.A. BETWEEN: SANDRA AMY GRACE SINGER Appellant and THE ATTORNEY GENERAL OF CANADA Respondent

REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Edmonton , Alberta, on May 25, 2011) STRATAS J.A. [ 1 ] T his is an appeal from the judgment of Justice Gauthier of the Federal Court: 2010 FC 607 . [ 2 ] The Federal Court judge dismissed the appellant’s application for judicial review of the decision dated August 24, 2009 of the Review Tribunal. The Review Tribunal dismissed the appellant’s appeal of two reconsideration decisions of the Minister of Human Resources Development denying her a full pension under the Old Age Security Act , R.S.C. 1985, c. O-9. [ 3 ] Under paragraph 3(1) (

b) of the Act, the appellant would qualify for a full pension as of the date of her application only if she met certain requirements. In this case, the appellant must have been resident in Canada on July 1, 1977 or must have had a valid immigration visa at that time. Under paragraph 21(1) (

a) of the Old Age Security Regulations , C.R.C., c. 1246, a person resides in Canada if he or she makes his or her home and ordinarily lives in any part of Canada. The Act and the Regulations do not provide for any relief from these requirements due to extenuating circumstances. [ 4 ] The evidence is clear that the appellant received her visa on July 21, 1977 and was physically present in Canada on July 24, 1977. We see no reviewable error in the Federal Court judge’s finding on this evidence that the appellant was not resident in Canada on July 1, 1977, and did not have a visa at that time.

We see no reviewable error in her conclusion that the appellant did not qualify for a full pension under paragraph 3(1) (

b) of the Act as of the date of her application. [ 5 ] As for the Agreement on Social Security between Canada and Jamaica, the Federal Court judge correctly determined that the Agreement could have an impact on the concept of residence and, consequently on the appellant’s rights to a full pension. The Federal Court judge reviewed and considered the Agreement and did not commit reviewable error when she concluded that the Agreement does not assist the appellant because she still had not met the requirements of paragraph 3(1) (

b) of the Act. [ 6 ] Therefore, we shall dismiss the appeal with costs. "David Stratas" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-310-10

STYLE OF CAUSE: Sandra Amy Grace Singer v. The Attorney General of Canada PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: May 25, 2011 REASONS FOR JUDGMENT Sharlow J.A. OF THE COURT BY: Pelletier J.A. Stratas J.A. DELIVERED FROM THE BENCH BY: Stratas J.A. APPEARANCES : Derek Alexander Singer FOR THE APPELLANT Benoit Laframboise James Gray FOR THE RESPONDENT SOLICITORS OF RECORD : Derek A. Singer Edmonton, Alberta FOR THE APPELLANT Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT