| R.S., c. 12
(2nd Supp.),
s. 11; 2000, c.
12, ss. 326
(F), 327 (E)
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71. (1) Subparagraph 7(1)(a.1)(iii) of the
Act is replaced by the following:
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(iii) section 22 of the Corrections and
Conditional Release Act, and
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| 1998, c. 21,
s. 122(2)
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(2) Subsection 7(2) of the Act is replaced
by the following:
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| If change to
other Acts
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(2) Despite subsection (1), if it appears to
the Governor in Council that any amendment
to the Income Tax Act or the regulations made
under that Act, or to the Old Age Security Act,
would result in a significant change in the
amount of any allowance payable in respect of
any class of persons under this Act, the
Governor in Council may make orders to
alleviate the effect of the change by deeming,
for the purposes of this Act, revenue specified
in the orders, or a part of that revenue, to be or
not to be, as the case may require, income of
a person referred to in subsection (1).
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| 1990, s. 43,
s. 35; 1998, c.
21, s. 123(2),
paras. 124(c),
(d); 2000, c.
12, par. 325(c)
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72. Subsections 8.1(1.1) to (4) of the Act
are replaced by the following:
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| Option to file
statement of
estimated
income
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(2) If there is an ongoing decrease in the
income of an applicant, a recipient or, when
applicable, the spouse or common-law partner
of an applicant or a recipient, beginning in any
month in the period between the beginning of
the base calendar year and the end of the
current payment period, the applicant or
recipient may file with the Minister, in
addition to any statement required under
subsection (1) or 27(1), a statement of the
estimated monthly income of the applicant or
recipient and, when applicable, of the spouse
or common-law partner of the applicant or
recipient.
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| Effect on
amount of
monthly
allowance
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(3) The monthly allowance payable to the
applicant or recipient referred to in subsection
(2) for the month in which the decrease in
income began, and for any subsequent month
in the previous and current payment periods,
shall be based on the estimated monthly
income if
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(a) the estimated monthly income
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is less than
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(b) one twelfth of the income for the base
calendar year applicable to that month
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by at least the amount prescribed by, or
determined in accordance with, the
regulations made under paragraph 25(e.1).
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| Continuation
of allowance
based on
estimated
income
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(4) If a recipient's monthly allowance for
the last month of the previous payment period
was based on estimated monthly income, the
monthly allowance payable for the current
payment period may be based on the same
estimated monthly income if
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(a) that estimated monthly income
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continues to be less than
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(b) one twelfth of the income for the base
calendar year applicable to the current
payment period
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by at least the amount prescribed by, or
determined in accordance with, the
regulations made under paragraph 25(e.1).
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| If ongoing
increase in
income occurs
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(5) Each time that a recipient whose
allowance is based on estimated monthly
income experiences an ongoing increase in
income or, when applicable, in the income of
their spouse or common-law partner,
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(a) the recipient shall without delay notify
the Minister of the increase; and
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(b) the calculation of the recipient's
monthly allowance for the month in which
the increase began, and for subsequent
months in the current payment period, shall
be based on that increase.
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73. The heading before section 17 of the
Act is replaced by the following:
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74. Subsection 17(1) of the Act is replaced
by the following:
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| No
assignment,
seizure, etc.
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17. (1) Except as provided in this Act, no
allowance is subject to
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(a) assignment, alienation or transfer by the
recipient; or
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(b) seizure or execution, either at law or in
equity.
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| R.S., c. 7 (1st
Supp.),
s. 6(1)
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75. (1) Subsection 18(1) of the Act is
replaced by the following:
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| Definition of
``overpaymen
t''
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18. (1) In this section, ``overpayment'', in
relation to any period, means
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(a) an allowance payment that was paid to
a person in respect of that period and to
which the person had no entitlement; or
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(b) if an allowance payment was paid to a
person in respect of that period that was in
excess of the amount of the allowance
payment to which the person was entitled,
the amount of that excess.
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| Recovery of
overpayments
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(1.01) If, through any cause, an
overpayment is paid to a person, the
overpayment is a debt due to Her Majesty by
that person or by that person's estate or
succession, and
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(a) may be recovered by deduction from
any future payments made pursuant to this
Act to that person or to that person's estate
or succession;
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(b) may be recovered in accordance with
section 155 of the Financial Administration
Act; and
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(c) may be recovered in any court of
competent jurisdiction.
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| R.S., c. 7 (1st
Supp.),
s. 6(1); 1998,
c. 21, par.
124(e)
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(2) Paragraph 18(1.1)(a) of the Act is
replaced by the following:
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(a) if the actual income exceeds the shown
income, any amount by which the
allowance paid to the recipient for months
in that payment period exceeds the
allowance that would have been paid to the
recipient for those months if the shown
income had been equal to the actual income
shall be considered an overpayment; or
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| R.S., c. 7 (1st
Supp.),
s. 6(1)
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(3) Subsection 18(1.2) of the Act is
repealed.
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| R.S., c. 7 (1st
Supp.),
s. 6(2)
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(4) Subsection 18(2) of the Act is replaced
by the following:
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| Remission of
overpayments
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(2) If a person has received or obtained an
overpayment and the Minister is satisfied that
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(a) the overpayment cannot be recovered
within the reasonably foreseeable future,
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(b) the administrative costs of recovering
the overpayment are likely to equal or
exceed the amount to be recovered,
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(c) repayment of the overpayment would
cause undue hardship to the person, or
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(d) the overpayment is the result of an
administrative error, delay or oversight on
the part of a public servant,
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the Minister may, unless that person has been
convicted of an offence under the Criminal
Code in connection with the receiving or
obtaining of the overpayment, remit all or any
portion of the overpayment.
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| Recovery
from survivor
or orphan
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(3) Where a survivor or orphan of a
deceased veteran retains any amount of the
veteran's allowance paid after the last day of
the month in which the veteran died, that
amount may be deducted from any allowance
granted to the survivor or orphan.
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76. The heading before section 19 of the
Act is replaced by the following:
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77. Subsection 20(1) of the Act is
repealed.
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78. Subsections 22(2) and (3) of the Act
are repealed.
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79. Section 23 of the Act and the heading
before it are repealed.
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| R.S., c. 20
(3rd Supp.),
s. 32(1)
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80. (1) The portion of section 25 of the Act
before paragraph (a.1) is replaced by the
following:
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| Regulations
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25. The Governor in Council may make
regulations for carrying the purposes and
provisions of this Act into effect and, without
restricting the generality of the foregoing,
may make regulations
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(a) prescribing the manner of making
applications for allowances and the
information and evidence to be furnished in
connection with such applications;
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| 2000, c. 12,
ss. 326 (F),
327 (E)
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(2) Paragraph 25(c) of the Act is replaced
by the following:
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(c) prescribing circumstances in which an
applicant and their spouse or common-law
partner, or a recipient and their spouse or
common-law partner, are not residing
together for the purposes of subsection 4(8);
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| 1990, c. 43,
s. 37(1)
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(3) Paragraphs 25(e) and (e.1) of the Act
are replaced by the following:
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(e.1) prescribing the amount, or prescribing
the method of determining the amount, for
the purposes of subsection 8.1(3) or (4);
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| R.S., c. 7 (1st
Supp.),
s. 7(5)
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(4) Paragraph 25(i) of the Act is repealed.
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(5) Paragraph 25(m) of the Act is
repealed.
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| R.S., c. 20
(3rd Supp.),
s. 33
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81. The heading before section 29 of the
Act is repealed.
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82. Section 29 of the Act is renumbered as
subsection 29(1) and is amended by adding
the following:
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| Taking oaths,
etc.
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(2) Any officer or employee of the
Department authorized by the Minister 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 for the purpose of the
administration of this Act or the regulations,
and every person so authorized has, with
respect to any such oath, affidavit, declaration
or affirmation, all the powers of a
commissioner for taking affidavits.
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| Acceptance of
oaths, etc.
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(3) The Minister may accept, for the
purpose of the administration of this Act or the
regulations, any oath administered or any
affidavit, declaration or solemn affirmation
taken or received by any officer or employee
of
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(a) a department or other portion of the
public service of Canada specified in
Schedule I to the Public Service Staff
Relations Act, or
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(b) a department of the government of a
province
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who has all the powers of a commissioner for
taking affidavits.
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83. The Act is amended by adding the
following before section 30:
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| R.S., c. 37
(3rd Supp.),
s. 19; 1996, c.
11, par.
97(1)(g)
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84. Subsection 30(2) of the Act is replaced
by the following:
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| Information
that shall be
made
available to
Minister
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(1.1) The following personal information
relating to a veteran shall, if requested by the
Minister, be made available to the Minister for
the purpose of determining or verifying the
veteran's service in order to determine
eligibility for an allowance under this Act or
for a benefit under any enactment
incorporating this Act by reference:
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(a) personal information collected or
obtained by the Department of National
Defence in the administration of the
National Defence Act or the Queen's
Regulations and Orders for the Canadian
Forces, or any predecessor enactment
relating to the same subject-matter;
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(b) personal information collected or
obtained by the Department of Transport in
the administration of the Canada Shipping
Act, or any predecessor enactment relating
to the same subject-matter; and
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(c) personal information collected or
obtained by the National Archives of
Canada in the administration of the
National Archives of Canada Act, or any
predecessor enactment relating to the same
subject-matter.
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| Information
that Minister
may disclose
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(2) Personal information that has been
collected or obtained by the Minister in the
administration of this Act, or any enactment
incorporating this Act by reference, may be
disclosed by the Minister
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(a) to any person or body, to the extent that
the disclosure is necessary in order for the
Minister to obtain from that person or body
information that the Minister requires for
the administration of this Act or any other
enactment administered by the Minister;
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(b) to any officer or employee of the
Department, to the extent that the
disclosure is required for the administration
of this Act or any other enactment
administered by the Minister;
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(c) to the Department of Human Resources
Development, to the extent that the
disclosure is required for the administration
of the Old Age Security Act or the Canada
Pension Plan; and
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(d) to the Correctional Service of Canada, to
the extent that the disclosure is required for
the administration of the Corrections and
Conditional Release Act.
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85. Subsection 32(1) of the Act is replaced
by the following:
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| Review by
departmental
official
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32. (1) Where an applicant for an allowance
or a recipient is dissatisfied with any
adjudication affecting him or her, other than
an adjudication under section 18 or on an
appeal under subsection (2) of this section, he
or she may, in accordance with the
regulations, apply to an officer or employee of
the Department designated by the Minister for
the purpose for a review of the adjudication.
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86. Section 34 of the Act is amended by
adding the following after subsection (1):
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| Income
information
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(1.1) Subject to section 7, the Minister may,
in determining whether an allowance is
payable and the amount of the allowance,
consider any statement or estimate of income
respecting the recipient or their spouse or
common-law partner that is being used for the
purpose of the Old Age Security Act or the
Income Tax Act.
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87. The Act is amended by adding the
following after section 34:
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| Forms
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34.1 Every application, statement,
notification, consent or report required or
permitted by this Act, or by any enactment
incorporating this Act by reference, must be
made or given in the form required by the
Minister.
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| Combining
information
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34.2 The Minister may combine in any
single document, and in any electronic form,
the collection of personal information
required for the purposes of this Act and other
enactments administered by the Minister.
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88. The Act is amended by adding the
following after section 36:
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| Disclosure in
legal
proceedings
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36.1 Notwithstanding any other Act or law,
no member of the public service of Canada
shall be required to disclose personal
information that has been collected or
obtained for the purpose of this Act, or any
enactment incorporating this Act by
reference, in any legal proceedings except
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(a) criminal proceedings; or
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(b) proceedings on a review, appeal,
reconsideration or judicial review relating
to an application made under this Act or any
enactment incorporating this Act by
reference.
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89. (1) Paragraph 37(3)(a) of the Act is
replaced by the following:
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