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(4) Section 114 of the Act is amended by
adding the following after subsection (4):
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| Exception
|
(4.1) Subsections (2) and (4) do not apply in
respect of changes under subsection 113.1(11)
to benefits or contribution rates.
|
|
| R.S., c. 30
(2nd Supp.),
s. 58, c. 18
(3rd Supp.),
s. 32
|
96. (1) Subsection 115(1) of the Act is
replaced by the following:
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| Chief Actuary
to report
every three
years
|
115. (1) The Chief Actuary of the Office of
the Superintendent of Financial Institutions
shall, during the first year of each three year
period for which a review is required by
subsection 113.1(1), prepare a report setting
out, as at a date not earlier than December 31
of the year before the three year period, the
results of an actuarial examination of the
operation of this Act based on the state of the
Canada Pension Plan Account and the
investments of the Investment Board.
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| Contents of
report
|
(1.1) The Chief Actuary shall, in the report,
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| Relationship
between rates
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(1.2) For the purpose of the calculation
referred to in paragraph (1.1)(c),
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| Application of
subsection
114(4)
|
(1.3) Subsection 114(4) applies, with such
modifications as the circumstances require, to
the making of the regulations prescribing the
manner of the calculation referred to in
paragraph (1.1)(c) and to the making of any
regulation changing that manner of
calculation.
|
|
| R.S., c. 30
(2nd Supp.),
s. 58
|
(2) Subsections 115(3) to (7) of the Act are
repealed.
|
|
| R.S., c. 30
(2nd Supp.),
s. 59
|
97. The heading before section 116 and
sections 116 and 117 of the Act are replaced
by the following:
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|
Annual Report to Parliament and the Provinces |
|
| Annual report
to be made by
Ministers
|
117. (1) The Minister of Finance and the
Minister of Human Resources Development
shall, as soon as possible after the end of each
fiscal year, together prepare a report on the
administration of this Act during that year,
including
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| Tabling in
Parliament
|
(2) The Ministers shall cause the report to
be laid before each House of Parliament on
any of the first 15 days on which that House is
sitting after the report is prepared.
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| Presentation
to provinces
|
(3) As soon as possible after the report is
prepared, the Ministers shall send the report to
the appropriate provincial Minister of every
province.
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|
| 1991, c. 44,
s. 28
|
98. The schedule to the Act is replaced by
the schedule set out in the schedule to this
Act.
|
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| Subsection
114(2) does
not apply
|
99. Subsection 114(2) of the Canada
Pension Plan does not apply in respect of the
amendments to that Act contained in this
Act.
|
|
| R.S., c. O-9;
R.S., c. 34 (1st
Supp.), cc. 1,
51 (4th
Supp.); 1990,
c. 39; 1991, c.
44; 1992, cc.
24, 48; 1995,
c. 33; 1996,
cc. 11, 18, 21,
23
|
AMENDMENTS TO THE OLD AGE SECURITY ACT |
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| 1995, c. 33,
s. 16
|
100. (1) Subsection 27.1(1) of the Old Age
Security Act is replaced by the following:
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| Request for
reconsidera- tion by Minister
|
27.1 (1) A person who is dissatisfied with a
decision or determination made under this Act
that no benefit may be paid to the person, or
respecting the amount of a benefit that may be
paid to the person, may, within ninety days
after the day on which the person is notified in
writing of the decision or determination, or
within any longer period that the Minister
may, either before or after the expiration of
those ninety days, allow, make a request to the
Minister in the prescribed form and manner
for a reconsideration of that decision or
determination.
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| Reconsidera- tion - penalty
|
(1.1) A person against whom a penalty has
been assessed under section 44.1 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 ninety days after the day on which
the person is notified in writing of the decision
or determination, or within any longer period
that the Minister may, either before or after the
expiration of those ninety days, allow, request
the Minister in the prescribed form and
manner to reconsider the decision or
determination.
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| 1995, c. 33,
s. 16
|
(2) Subsection 27.1(2) of the English
version of the Act is replaced by the
following:
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| Decision of
Minister
|
(2) The Minister shall, without delay after
receiving a request referred to in subsection
(1) or (1.1), reconsider the decision or
determination, as the case may be, 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 without delay notify, in writing, the
person who made the request of the Minister's
decision and of the reasons for it.
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|
| 1995, c. 33,
s. 16
|
101. Subsection 28(1) of the Act is re
placed by the following:
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| Appeal re
benefits
|
28. (1) A person who makes a request under
subsection 27.1(1) or (1.1) and who is
dissatisfied with the decision of the Minister
in respect of the request, or, subject to the
regulations, any person on their behalf, may
appeal the decision to a Review Tribunal
established under section 82 of the Canada
Pension Plan.
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|
| 1992, c. 48,
s. 29(1);
1995, c. 33,
ss. 19, 20;
1996, c. 11,
s. 76(2) and
par. 97(1)(f)
and 101(c), c.
18, par.
58(1)(b), c.
21, s. 74
|
102. Section 33 of the Act and the heading
before it are replaced by the following:
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Protection of Personal Information |
|
| Definitions
|
33. (1) The following definitions apply in
this section and sections 33.01 to 33.11 and 39.
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| ``administra- tion'' « mise en oeuvre »
|
``administration'' includes the development,
operation, evaluation and enforcement of
policies and programs.
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| ``federal
institution'' « institution fédérale »
|
``federal institution'' means a department or
any other body referred to in a schedule to
the Financial Administration Act.
|
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| ``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.
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| 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.
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| Purpose
|
(3) This section and sections 33.01 to 33.09
set out the rules that apply to the protection
and the making available of information with
respect to an individual that was obtained
under this Act or prepared under this Act from
that information.
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| Protection of
information
|
33.01 (1) Information with respect to an
individual is privileged and shall not be made
available except in accordance with this Act.
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| Availability of
information
where
requested by
individual
|
(2) In addition to an individual's right of
access under section 12 of the Privacy Act ,
information with respect to an individual 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.
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| 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 election, or the
receipt of a benefit, by the individual under
this Act.
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| 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.
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| Availability of
information
within the
Department of
Human
Resources
Development
|
33.02 Information may be made available
to the Minister or a public officer of the
Department of Human Resources
Development or a commissioner of the
Canada Employment Insurance Commission
for the purpose of the administration of a
federal or provincial law or activity.
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| Availability of
information
within federal
institutions
|
33.03 (1) Information may be made
available to a minister or a public officer, other
than a public officer of the Department of
Human Resources Development, for the
purpose of the administration of this Act .
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| Availability of
information
within federal
institutions
|
(2) Information may be made available to
the minister responsible for, and to any public
officer of,
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| Secondary
release of
information
|
(3) Information obtained under this section
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.
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| Exception re
war crimes
|
33.04 (1) Information may be made
available 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.
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| 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 for the same purpose.
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| Availability of
information to
provincial
authorities
|
33.05 (1) Information may be made
available to the government of a province, or
to a public body created under the law of a
province, for the purpose of the administration
of a federal law or activity or a provincial law
if the Minister considers it advisable and the
information is made available on the
conditions set out in an agreement between the
Minister and the government or body.
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| Secondary
release of
information
|
(2) Information obtained by a government
or public body under subsection (1) shall not
be made available to any other person or body
unless the Minister considers it advisable and
the information is made available only for the
same purpose and on the conditions set out in
an agreement between the Minister and the
government or public body.
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| Availability of
information to
certain
persons or
bodies
|
33.06 (1) Information may be made
available to any person or body to whom any
of sections 33.01 to 33.05 do not apply, for the
purpose of the administration of a federal law
or activity or a provincial law, if the Minister
considers it advisable and the information is
made available on the conditions set out in an
agreement between the Minister and the
person or body.
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| Secondary
release of
information
|
(2) Information obtained by a person or
body under subsection (1) shall not be made
available to any other person or body unless
the Minister considers it advisable and the
information is made available only for the
same purpose and on the conditions set out in
an agreement between the Minister and the
person or body that obtained the information.
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| Exception
|
(3) Subsection (1) does not apply to a
federal institution not mentioned in section
33.03.
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| Where
Minister may
permit
information to
be made
available
|
33.07 (1) Despite sections 33.01 to 33.06,
information may be made available if, in the
Minister's opinion, the public interest in
disclosure clearly outweighs any invasion of
privacy that could result from the disclosure or
that permitting the information to be made
available would clearly benefit the individual
to whom the information relates.
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| Notice of
disclosure
|
(2) The Minister shall, in writing, notify the
Privacy Commissioner appointed under
section 53 of the Privacy Act of any disclosure
of personal information under subsection (1)
before the disclosure if reasonably practicable
or, in any other case, without delay on the
disclosure, and the Privacy Commissioner
may, if the Commissioner deems it
appropriate, notify the individual to whom the
information relates of the disclosure.
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| Evidence and
production of
documents
|
33.08 Despite any other Act or law, no
public officer shall be required, in connection
with any legal proceedings, to give evidence
relating to information that is privileged under
subsection 33.01(1) or to produce a statement
or other writing that contains any such
privileged information unless the Minister
considers that it is appropriate to do so.
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| Offence
|
33.09 (1) Every person or body commits an
offence who knowingly makes available
information that is privileged under this Act,
or who knowingly uses or allows such
information to be used, otherwise than in
accordance with this Act, any condition
referred to in section 33.01, 33.03, 33.05 or
33.06 or an agreement referred to in section
33.05, 33.06 or 39.
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| Punish- ment - individuals
|
(2) An individual who contravenes
subsection (1) is guilty of an offence
punishable on summary conviction and liable
to a fine of not more than $10,000 or to
imprisonment for a term of not more than six
months, or to both.
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| Punish- ment - others
|
(3) A body or a person, other than an
individual, who contravenes subsection (1) is
guilty of an offence punishable on summary
conviction and liable to a fine of not more than
$100,000.
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|
| Agreements
authorizing
the obtention
of information
|
33.1 The Minister may enter into
agreements with federal institutions,
governments of provinces or public bodies
created under provincial law and other
persons or bodies to obtain information for the
purposes of the administration of this Act.
|
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| Information
obtained
under other
Acts and
relative to
Social
Insurance
Numbers
|
33.11 Despite any other Act or law,
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103. The Act is amended by adding the
following before section 36:
|
|
| Making claim
or providing
information in
person
|
35.1 The Minister may require an applicant
or other person or a group or class of persons
to be at a suitable place at a suitable time in
order to make an application for benefits in
person or to provide additional information
about an application.
|
|
| 1995, c. 33,
s. 22
|
104. Subsection 36(2) of the Act is re
placed by the following:
|
|
| Exception
|
(2) Despite subsections (1) and (1.1), if a
provincial authority or a municipal authority
in a province pays a person any advance or
assistance or welfare payment for a month or
a 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 the benefit and pay to the
provincial authority or municipal authority, as
the case may be, an amount not more than the
amount of the advance or assistance or welfare
payment paid.
|
|
| 1991, c. 44,
s. 33(2);
1995, c. 33,
s. 23(1)
|
105. Subsections 37(2) and (3) of the Act
are replaced by the following:
|
|
| Recovery of
amount of
payment
|
(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 manner provided by this Act.
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