BILL C-2 - First Reading

Agreements respecting the apportion- ment of payments	80.1 (1) The Minister may, with the approv al of the Governor in Council, on behalf of the Government of Canada enter into an agree ment with any person or body responsible for the administration of
	(a) any other Act of Parliament,
	(b) an Act of the legislature of a province, or
	(c) a federal or provincial activity estab lished other than under an Act of Parliament or of the legislature of a province,
	that provides for periodic payments to persons in respect of accidents, injuries, illnesses and occupational diseases for the purpose of limit ing the total amount that is payable to a benefi ciary as a disability benefit under this Act and as periodic payments under that other law or activity.
Apportion- ment of payments	(2) The agreement shall provide rules for determining how much, if any, of the total amount payable to a beneficiary shall be payable under this Act and how much, if any, shall be payable under that other law or activity.
Effect of agreement	(3) Notwithstanding anything in this Act, but subject to subsection (4), where an agree ment entered into pursuant to subsection (1) applies in respect of a beneficiary, the only amounts that may be payable as disability benefits to the beneficiary under this Act are the amounts provided for by the agreement.
Limitation	(4) An agreement may not
	(a) change a person's eligibility to receive a benefit as a disabled contributor's child or the amount of that benefit;
	(b) change the determination of months that are excluded from a beneficiary's contribu tory period by reason of disability;
	(c) result in a beneficiary receiving, in respect of any month, disability benefits under this Act and payments under the other law or activity that are less than the disability benefits that would be otherwise payable under this Act for the month if there were no such agreement; or
	(d) result in a beneficiary receiving, in respect of any month, disability benefits under this Act that are greater than the disability benefits that would otherwise be payable under this Act if there were no agreement.
1991, c. 44, s. 20	84. Subsection 81(2) of the Act is replaced by the following:
Reconsidera- tion where penalty assessed	(1.1) A person to whom a penalty has been assessed under section 90.1 or, subject to the regulations, any person on their behalf, who is dissatisfied with the decision to impose a penalty or with the amount of the penalty may, within 90 days after the day on which the person is notified in the prescribed manner of the decision or determination, or within any longer period that the Minister may, either before or after the expiration of those 90 days, allow, request, in the prescribed form and manner, that the Minister reconsider that decision or determination.
Reconsidera- tion by Minister and decision	(2) The Minister shall reconsider without delay any decision or determination referred to in subsection (1) or (1.1) and may confirm or vary it, and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable, and shall notify in writing the spouse, former spouse, estate or succession , applicant, beneficiary or beneficiary's spouse of the Minister's deci sion and of the reasons for it .
1995, c. 33, s. 35(1)	85. Subsection 82(1) of the Act is replaced by the following:
Appeal to Review Tribunal	82. (1) A spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse who is dissatisfied with a decision of the Minister made under section 81 or subsection 84(2), or a person who is dissatisfied with a decision of the Minister made under subsec tion 27.1(2) of the Old Age Security Act, or, subject to the regulations, any person on their behalf, may appeal the decision to a Review Tribunal in writing within 90 days, or any longer period that the Commissioner of Review Tribunals may, either before or after the expiration of those 90 days, allow, after the day on which the spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse is notified in the prescribed manner of the decision or the person is notified in writing of the Minister's decision and of the reasons for it .
R.S., c. 30 (2nd Supp.), s. 45(1)	85.1 Subsection 83(3) of the Act is re placed by the following:
Designation	(2.1) The Chairman or Vice-Chairman of the Pension Appeals Board may designate any member or temporary member of the Pension Appeals Board to exercise the powers or perform the duties referred to in subsection (1) or (2).
Where leave refused	(3) Where leave to appeal is refused, written reasons must be given by the person who refused the leave.
	86. Subsection 90(2) of the Act is replaced by the following:
Limitation period	(2) Any proceedings under this Act in respect of an offence may be commenced at any time within, but not later than, five years after the Minister becomes aware of the subject-matter of the proceedings.
Saving	(3) No proceeding shall be commenced under this section or the Criminal Code for an act or omission if a penalty for that act or omission has been imposed under section 90.1.
	87. The Act is amended by adding the following after section 90:
	Penalties
Penalty for misrepre- sentation, etc.	90.1 (1) The Minister may impose on a person a penalty for each of the following acts or omissions if the Minister becomes aware of facts that in the Minister's opinion establish that the person has
	(a) made a statement or declaration, in an application or otherwise, that the person knew was false or misleading;
	(b) made a statement or declaration, in an application or otherwise, that the person knew was false or misleading because of the non-disclosure of facts;
	(c) knowingly failed to declare to the Minister all or some of the person's earn ings for a period for which the person received disability benefits;
	(d) received or obtained by cheque or otherwise 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, and did not return the cheque or the amount of the benefit payment, or the excess amount, as the case may be, without delay; or
	(e) participated in, assented to or ac quiesced in an act or omission mentioned in any of paragraphs (a) to (d).
Maximum penalty	(2) The Minister may set the amount of the penalty for each act or omission at not more than $10,000.
Limitation on imposition of penalties	(3) A penalty shall not be imposed on a person under subsection (1) if
	(a) a prosecution for the act or omission has been initiated against the person; or
	(b) five years have passed since the day on which the Minister became aware of the act or omission.
Rescission, etc., of penalty	(4) The Minister may rescind the imposi tion of a penalty under subsection (1), or reduce the penalty, on the presentation of new facts or on being satisfied that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.
Interpreta- tion	90.2 (1) The definitions in this subsection apply in this section.
``document'' « documentts»	``document'' includes moneys, securities, books, records, letters, accounts, state ments (financial or otherwise), correspon dence, memoranda, film, microform, vid eotape, photographs, machine-readable re cords and other documentary material, re gardless of form or characteristics, and any copy or printout of any of them.
``dwelling- house'' « maison d'habita- tionts»	``dwelling-house'' means the whole or a part of a building or structure that is kept or oc cupied as a permanent or temporary resi dence and includes
	(a) a building within the yard of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and
	(b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence.
``judge'' « jugets»	``judge'' means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court.
Inspections	(2) The Minister may, at any reasonable time, for any purpose relating to the adminis tration or enforcement of this Act, examine any document that relates or may relate to the entitlement of a person to a benefit or the amount of a benefit and, for that purpose, the Minister may
	(a) subject to subsection (3), enter any premises or place where the Minister be lieves that a document relating to the entitlement of a person to a benefit or the amount of a benefit is or should be kept; and
	(b) require the owner, occupant or person in charge of the premises or place to give the Minister all reasonable assistance and to answer all proper questions relating to the administration or enforcement of this Act and, for that purpose, require the owner, occupant or person in charge of the prem ises or place to attend at those premises or that place with the Minister.
Warrant required to enter dwelling- house	(3) Where the premises or place referred to in subsection (2) is a dwelling-house, the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (4).
Warrant	(4) On ex parte application by the Minister, a judge may issue a warrant authorizing the Minister to enter a dwelling-house subject to the conditions that may be specified in the warrant, if the judge is satisfied by informa tion on oath that
	(a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (2);
	(b) entry into the dwelling-house is neces sary for a purpose relating to the administra tion or enforcement of this Act; and
	(c) entry into the dwelling-house has been refused or that there are reasonable grounds to believe that entry will be refused.
Other access to document	(5) Where the judge is not satisfied that entry into that dwelling-house is necessary for a purpose relating to the administration or enforcement of this Act but is satisfied that access to a document that is or should be kept in the dwelling-house has been or may be expected to be refused, the judge may
	(a) order the occupant of the dwelling- house to provide the Minister with reason able access to the document; and
	(b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act.
Requirement to provide documents or information	(6) Despite any other provision of this Act, the Minister may, subject to subsection (7), for any purpose relating to the administration or enforcement of this Act, by notice served personally or by confirmed delivery service, require that any person provide, within the reasonable time that is stipulated in the notice, any information or additional information or any document.
Unnamed persons	(7) The Minister shall not impose on a person, in this section referred to as a ``third party'', a requirement under subsection (6) to provide information or a document relating to one or more unnamed persons unless the Minister first obtains the authorization of a judge under subsection (8).
Judicial authorization	(8) On ex parte application by the Minister, a judge may, subject to the conditions that the judge considers appropriate, authorize the Minister to impose on a third party a require ment under subsection (6) relating to one or more unnamed persons, in this section re ferred to as the ``group'', where the judge is satisfied by information on oath that
	(a) the person or group is ascertainable; and
	(b) the requirement is made to verify compliance by the person or persons in the group with a duty or obligation under this Act.
Service of authorization	(9) Where an authorization is granted under subsection (8), the authorization shall be served together with the notice referred to in subsection (6).
Review of authorization	(10) Where an authorization is granted under subsection (8), a third party on whom a notice is served under subsection (6) may, not later than 15 days after the service of the notice, apply to the judge who granted the authorization or, if that judge is unable to act, to another judge of the same court for a review of the authorization.
Powers on review	(11) On hearing an application under sub section (10), a judge may cancel the authoriza tion previously granted if the judge is not then satisfied that the conditions in paragraphs (8)(a) to (d) have been met, and the judge may confirm or vary the authorization if the judge is satisfied that those conditions have been met.
Copies as evidence	(12) Where a document is inspected, ex amined or provided in accordance with this section, the person by whom it is inspected or examined or to whom it is provided may make, or cause to be made, one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.
Compliance	(13) No person shall interfere with any person doing anything that the person is authorized under this section to do or prevent or attempt to prevent any person from doing any such thing.
1991, c. 44, ss. 25(2), 26; 1992, c. 1, s. 25, c. 48, s. 28(1); 1995, c. 33, s. 43; 1996, c. 11, s. 49(2) and par. 97(1)(b) and 101(a), c. 16, par. 61(1)(b), c. 23, par. 189(c)	88. Sections 104 and 105 of the Act are replaced by the following:
	Protection of Personal Information
Definitions	104. (1) The definitions in this subsection apply in this section and sections 104.01 to 105.
``administra- tion'' « mise en oeuvre »	``administration'' includes the development, operation, evaluation and enforcement of policies and programs.
``federal institution'' « institution fédérale »	``federal institution'' means a department or any other body referred to in a schedule to the Financial Administration Act.
``public officer'' « fonction- naire public »	``public officer'' means an officer or em ployee of a federal institution, or a pre scribed individual or a member of a pre scribed class of individuals.
Interpreta- tion	(2) The definition of a word or expression in subsection (1) does not affect its interpretation in any other provision of this Act.
Purpose	(3) This section and sections 104.01 to 104.1 and 105 set out the rules that apply to the protection and the making available of infor mation with respect to an individual that was obtained under this Act or prepared under this Act from that information.
Protection of information	104.01 (1) Information with respect to an individual is privileged and shall not be made available except in accordance with this Act.
Availability of information where requested by individual	(2) Information with respect to an individu al may, on request in writing to the Minister by the individual or their representative, be made available to that individual or representative or, on the conditions that may be prescribed, to any person or body named in the request.
Availability of information to individuals and members of Parliament	(3) Information may be made available to an individual or their representative, or to a member of Parliament inquiring on behalf of an individual, if the information is relevant to the making of an application or the receipt of a benefit by, or the division of unadjusted pensionable earnings or assignment of a retirement pension that affects, the individual under this Act.
Availability of information for proceedings	(4) Information may be made available for the purpose of civil or criminal proceedings relating to the administration of this Act, including appeals under this Act.
Availability of information within the Department of Human Resources Development	104.02 Information may be made available to the Minister or a public officer of the Department of Human Resources Develop ment or a commissioner of the Canada Employment Insurance Commission for the purpose of the administration of a federal or provincial law or activity.
Availability of information within federal institutions	104.03 (1) Information may be made avail able to a minister or a public officer, other than a public officer of the Department of Human Resources Development,
	(a) for the purpose of the administration of a federal law or activity for which the Minister or the Canada Employment Insur ance Commission is responsible; or
	(b) if the Minister considers it advisable and on any conditions that the Minister may set out, for the purpose of the administration of another federal law or activity or a provin cial law or activity.
Secondary release of information	(2) Information obtained under subsection (1) shall not be made available to any other person or body unless the information is made available only for the same purpose and on any conditions that the Minister may set out.
Exception re war crimes	104.04 (1) Information may be made avail able to the Commissioner of the Royal Canadian Mounted Police and the Minister of Justice and Attorney General of Canada for the purpose of investigations, prosecutions and extradition activities in Canada in relation to war crimes and crimes against humanity.

Protection of Personal Information