| Exception
|
(3.1) Any information obtained by the
Minister pursuant to this Act or any regulation
may be made available to an officer, clerk or
employee in the Department of Veterans
Affairs, where such information is necessary
for the administration of this Act or any other
Act of Parliament that is administered by the
Minister of Veterans Affairs.
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|
|
|
(2) Section 104 of the Act is amended by
adding the following after subsection (4.1):
|
|
| Exception re
corrections
|
(4.2) Any information referred to in
subsection (1) may be made available to an
officer or employee in the Correctional
Service of Canada where such information is
necessary for the administration of the
Corrections and Conditional Release Act.
|
|
| Exception re
war crimes
|
(4.3) Any information referred to in
subsection (1) may be made available or
allowed to be made available to the
Commissioner of the Royal Canadian
Mounted Police, the Minister of Justice and
the Attorney General of Canada for the
purposes of investigations, prosecutions and
extradition activities in Canada in relation to
war crimes and crimes against humanity.
|
|
| R.S., c. 18
(3rd Supp.),
s. 30(2)
|
(3) Paragraph 104(5)(a) of the Act is
replaced by the following:
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|
|
|
(a) any information obtained by an officer,
clerk or employee in the Department of
National Revenue, the Department of
Finance, the Department of Supply and
Services or the Canada Employment and
Immigration Commission for the purposes
of the administration of this Act may be
made available or allowed to be made
available by that person to an officer, clerk
or employee in the Department of National
Health and Welfare, the Department of
National Revenue, the Department of
Finance, the Department of Supply and
Services, the Canada Employment and
Immigration Commission or the Office of
the Superintendent of Financial Institutions
for the purposes of the administration of this
Act; and
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|
|
|
(4) Section 104 of the Act is amended by
adding the following after subsection (5):
|
|
| Exception for
members of
Parliament
|
(5.1) Any information with respect to any
applicant or beneficiary or the spouse of any
applicant or beneficiary obtained pursuant to
this Act or the regulations may be made
available or allowed to be made available to a
member of Parliament where such
information is necessary to respond to a
request made by that applicant, beneficiary or
spouse to the member of Parliament for
information concerning any benefit in relation
to that applicant, beneficiary or spouse.
|
|
| 1991, c. 44,
s. 25(2)
|
(5) Paragraph 104(7)(c) of the Act is
replaced by the following:
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|
|
|
(c) where an appeal has been made to a
Review Tribunal.
|
|
|
|
(6) Subsection 104(8) of the Act is
replaced by the following:
|
|
| Offence and
punishment
|
(8) Every person who contravenes this
section is guilty of an offence punishable on
summary conviction.
|
|
|
|
44. (1) Section 106 of the Act is
renumbered as subsection 106(1).
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|
|
|
(2) The portion of subsection 106(1) of the
Act after paragraph (b) is replaced by the
following:
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|
|
|
may, in the course of their employment and
subject to any other Act of Parliament or any
Act of the legislature of a province, administer
oaths and take and receive affidavits,
declarations and solemn affirmations and
every person so authorized has, with respect to
any such oath, affidavit, declaration or solemn
affirmation, all the powers of a commissioner
for taking affidavits.
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|
|
|
(3) Section 106 of the Act is amended by
adding the following after subsection (1):
|
|
| Acceptance of
oaths, etc.
|
(2) For the purposes of the administration of
|
|
|
|
(a) Part I or any regulations made under that
Part, any person described in paragraph
(1)(a), or
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|
|
|
(b) this Part or Part II or any regulations
made under either of those Parts, any person
described in paragraph (1)(b)
|
|
|
|
may accept any oath administered or affidavit,
declaration or solemn affirmation given by
any officer or employee of any department or
other portion of the public service of Canada
specified in Schedule I to the Public Service
Staff Relations Act or of any department of the
government of a province who has all the
powers of a commissioner for taking
affidavits.
|
|
|
|
45. The Act is amended by adding the
following before section 108:
|
|
| Donations
|
107.1 The Minister may acquire money,
securities or other property by gift, bequest or
otherwise and shall dispose of such securities
or other property subject to the terms, if any,
on which such money, securities or other
property is given, bequeathed or otherwise
made available to the Minister.
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|
|
|
46. (1) Subsection 108(2) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (b) and by adding the
following after paragraph (c):
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|
|
|
(d) any amount of money received under
section 107.1 and any proceeds from the
disposition of any securities or other
property received under that section; and
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|
|
|
(e) all amounts charged for the use of
resources that are associated with the
administration of this Act.
|
|
|
|
(2) Section 108 of the Act is amended by
adding the following after subsection (2):
|
|
| Costs of
appeals
related to Old
Age Security
Act
|
(2.1) There shall be credited to the Canada
Pension Plan Account an amount held in the
Consolidated Revenue Fund representing the
costs of the administration of appeals to the
Review Tribunal referred to in subsection
28(1) of the Old Age Security Act.
|
|
|
|
(3) Subsection 108(3) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (b) and by adding the
following after paragraph (b):
|
|
|
|
(b.1) all amounts credited to the Canada
Pension Plan Account pursuant to
paragraph (2)(e); and
|
|
| 1992, c. 48,
Sch.
[c. C-28.5]
|
|
|
|
|
47. (1) Subsection 10(1) of the Children's
Special Allowances Act is replaced by the
following:
|
|
| Communicati
on of
privileged
information
|
10. (1) Except as provided in this section or
section 11, all information with respect to any
individual obtained by the Minister in the
course of the administration of this Act and the
regulations or the carrying out of an
agreement entered into under section 11 is
privileged and no person shall knowingly
make available or allow to be made available
to any person not legally entitled thereto any
such information.
|
|
|
|
(2) Paragraph 10(2)(a) of the Act is
replaced by the following:
|
|
|
|
(a) to an officer or employee in the
Department of National Revenue, the
Department of Supply and Services, the
Canada Employment and Immigration
Commission or Canada Post;
|
|
|
|
(3) Subsection 10(3) of the Act is replaced
by the following:
|
|
| Release of
information to
members of
Parliament
|
(2.1) Any information with respect to an
individual obtained pursuant to this Act or the
regulations may be made available or allowed
to be made available to a member of
Parliament where such information is
necessary to respond to a request made by or
on behalf of that individual to the member of
Parliament for information in relation to that
individual.
|
|
| Evidence and
production of
documents
|
(3) Notwithstanding any other Act or law,
no officer or employee of Her Majesty shall be
required, in connection with any legal
proceedings, to produce or to give evidence
relating to any information that is privileged
under subsection (1).
|
|
|
|
48. Section 12 of the Act is replaced by the
following:
|
|
| Commissioner
s for oaths,
etc.
|
12. (1) Any officer or employee of Her
Majesty who is authorized by the Minister for
the purpose may, in the course of their
employment and subject to any other Act of
Parliament or any Act of the legislature of a
province, administer oaths and take and
receive affidavits, declarations and solemn
affirmations and every person so authorized
has, with respect to any such oath, affidavit,
declaration or solemn affirmation, all the
powers of a commissioner for taking
affidavits.
|
|
| Acceptance of
oaths, etc
|
(2) The Minister may accept, for the
purposes of the administration of this Act or
the regulations, any oath administered or
affidavit, declaration or solemn affirmation
given by any officer or employee of any
department or other portion of the public
service of Canada specified in Schedule I to
the Public Service Staff Relations Act or of any
department of the government of a province
who has all the powers of a commissioner for
taking affidavits.
|
|
| R.S., c. U-1;
R.S., cc. 26,
27 (1st
Supp.), cc. 5,
43 (2nd
Supp.), cc. 14,
36, 38 (3rd
Supp.), cc. 1,
4, 46, 51, 53
(4th Supp.);
1990, cc. 8,
40; 1991, cc.
49, 51; 1992,
cc. 1, 27;
1993, cc. 1,
13, 24, 27, 34;
1994, cc. 13,
18, 21
|
|
|
|
|
49. The Unemployment Insurance Act is
amended by adding the following after
section 96:
|
|
| Exception re
war crimes
|
96.1 Notwithstanding any other provision
of this Act, any information under the control
of the Commission or the Department of
Employment and Immigration, including
information obtained or compiled under this
Act or under any regulation made under this
Act, may be made available by the Minister to
the Commissioner of the Royal Canadian
Mounted Police, the Minister of Justice and
the Attorney General of Canada for the
purposes of investigations, prosecutions and
extradition activities in Canada in relation to
war crimes and crimes against humanity.
|
|
|
|
|
|
| Appeals under
Old Age
Security Act
|
50. Any appeal made under subsection
28(1) or (2) of the Old Age Security Act, as
that subsection read before the coming into
force of section 16 of this Act, in respect of
which no tribunal has been established is
deemed to have been made to a Review
Tribunal constituted under the Canada
Pension Plan.
|
|
| Appeals under
Canada
Pension Plan
|
51. Any appeal filed before December 31,
1991 under subsection 82(1) of the Canada
Pension Plan, as that subsection read on the
day immediately before that day, in respect
of which no Committee has been
established is deemed to have been made to
a Review Tribunal.
|
|
|
|
|
|
| Conditional
amendments
re Bill C-52
|
52. If Bill C-52, introduced in the first
session of the thirty-fifth Parliament and
entitled An Act to establish the Department
of Public Works and Government Services
and to amend and repeal certain other Acts,
is assented to, then, on the later of the day
on which this section comes into force and
the day on which subsection 61(2) of that
Act comes into force,
|
|
|
|
(a) paragraph 33(2)(a) of the Old Age
Security Act is replaced by the following:
|
|
|
|
(a) the Department of National Revenue,
the Department of Finance, the Department
of Public Works and Government Services,
the Canada Employment and Immigration
Commission, Statistics Canada or Canada
Post, where such information is necessary
for the administration of this Act;
|
|
|
|
(b) subsection 104(3) of the Canada
Pension Plan is replaced by the following:
|
|
| Exception
|
(3) Any information obtained by the
Minister pursuant to this Act or any regulation
may be made available to an officer, clerk or
employee in the Department of National
Revenue, the Department of Finance, the
Department of Public Works and Government
Services, the Office of the Superintendent of
Financial Institutions, Statistics Canada or
Canada Post, or to a person designated by the
Minister as a health care professional, where
it is necessary to do so for the purposes of the
administration of this Act.
|
|
|
|
(c) paragraph 104(5)(a) of the Canada
Pension Plan is replaced by the following:
|
|
|
|
(a) any information obtained by an officer,
clerk or employee in the Department of
National Revenue, the Department of
Finance, the Department of Public Works
and Government Services or the Canada
Employment and Immigration
Commission for the purposes of the
administration of this Act may be made
available or allowed to be made available
by that person to an officer, clerk or
employee in the Department of National
Health and Welfare, the Department of
National Revenue, the Department of
Finance, the Department of Public Works
and Government Services, the Canada
Employment and Immigration
Commission or the Office of the
Superintendent of Financial Institutions for
the purposes of the administration of this
Act; and
|
|
|
|
(d) paragraph 10(2)(a) of the Children's
Special Allowances Act is replaced by the
following:
|
|
|
|
(a) to an officer or employee in the
Department of National Revenue, the
Department of Public Works and
Government Services, the Canada
Employment and Immigration
Commission or Canada Post;
|
|
|
|
|
|
| Coming into
force
|
53. Sections 16 and 25, subsections 35(1)
and (3) and 36(1) and sections 39 and 42
shall come into force on a day or days to be
fixed by order of the Governor in Council.
|
|