Bill C-54

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Royal Assent

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	Reconsiderations and Appeals
Request for reconsideratio n 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 that person, or respecting the amount of any benefit that may be paid to that person, may, within ninety days after the day on which the person is notified in the prescribed manner of the decision or determination, or within such longer period as 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.
Decision of Minister	(2) The Minister shall, without delay after receiving a request referred to in subsection (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 the person who made the request in writing of the Minister's decision and of the reasons for the decision.
Appeal re benefits	28. (1) A person who makes a request under subsection 27.1(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 under subsection 82(1) of the Canada Pension Plan.
Reference as to income	(2) Where, on an appeal to a Review Tribunal, it is a ground of the appeal that the decision made by the Minister as to the income or income from a particular source or sources of an applicant or beneficiary or of the spouse of the applicant or beneficiary was incorrectly made, the appeal on that ground shall, in accordance with the regulations, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Review Tribunal, is final and binding for all purposes of the appeal to the Review Tribunal except in accordance with the Federal Court Act.
Stay of benefits pending judicial review	(3) Where a decision is made by a Review Tribunal in respect of a benefit, the Minister may stay payment of the benefit until the later of
	(a) the expiration of the period allowed for making an application under the Federal Court Act for judicial review of the decision, and
	(b) where Her Majesty has made an application under the Federal Court Act for judicial review of the decision, the month in which all proceedings in relation to the judicial review have been completed.
	17. The Act is amended by adding the following after section 28:
	Incapacity
Incapacity when application actually made	28.1 (1) Where an application for a benefit is made on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that the person was incapable of forming or expressing an intention to make an application on the person's own behalf on the day on which the application was actually made, the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person's last relevant period of incapacity to have commenced, whichever is the later.
Where previous incapacity	(2) Where an application for a benefit is made by or on behalf of a person and the Minister is satisfied, on the basis of evidence provided by or on behalf of that person, that
	(a) the person was incapable of forming or expressing an intention to make an application before the day on which the application was actually made,
	(b) the person had ceased to be so incapable before that day, and
	(c) the application was made
	(i) within the period beginning on the day on which that person had ceased to be incapable and comprising the same num ber of days, not exceeding twelve months, as in the period of incapacity, or
	(ii) where the period referred to in subparagraph (i) comprises fewer than thirty days, not more than one month after the month in which that person ceased to be so incapable,
	the Minister may deem the application to have been made in the month preceding the first month in which the relevant benefit could have commenced to be paid or in the month that the Minister considers the person's last relevant period of incapacity to have commenced, whichever is the later.
Period of incapacity	(3) For the purposes of subsections (1) and (2), a period of incapacity must be a continuous period, except as otherwise prescribed.
Application	(4) This section applies only to persons who were incapacitated on or after January 1, 1995.
	18. Section 32 of the Act is replaced by the following:
Where person denied benefit due to departmental error, etc.	32. Where the Minister is satisfied that, as a result of erroneous advice or administrative error in the administration of this Act, any person has been denied a benefit, or a portion of a benefit, to which that person would have been entitled under this Act, the Minister shall take such remedial action as the Minister considers appropriate to place the person in the position that the person would be in under this Act had the erroneous advice not been given or the administrative error not been made.
	19. The heading before section 33 of the Act is replaced by the following:
	Access to Privileged Information
	20. (1) Subsection 33(1) of the Act is replaced by the following:
Privileged information	33. (1) Except as provided in this section, all information with respect to any applicant or beneficiary or the spouse of any applicant or beneficiary, obtained in the course of the administration of this Act, is privileged and no person shall knowingly, except as provided in this Act, make available or allow to be made available any such information to any person not legally entitled to it.
1992, c. 24, s. 17	(2) The portion of subsection 33(2) of the Act before paragraph (c) is replaced by the following:
Exception re certain information	(2) Any information referred to in subsection (1) may be made available or allowed to be made available to an officer or employee in
	(a) the Department of National Revenue, the Department of Finance, the Department of Supply and Services, the Canada Employment and Immigration Commission, Statistics Canada or Canada Post, where such information is necessary for the administration of this Act;
	(b) 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;
	(3) Subsection 33(2) of the Act is amended by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(d) the Correctional Service of Canada, where such information is necessary for the administration of the Corrections and Conditional Release Act.
	(4) Section 33 of the Act is amended by adding the following after subsection (2):
Exception re war crimes	(2.1) 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.
Exception for members of Parliament	(2.2) 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.
	(5) Paragraph 33(3)(a) of the Act is replaced by the following:
	(a) the Minister of National Revenue or any person designated by the Minister of National Revenue for the purpose may, for any purpose relating to the administration of this Act, make available or allow to be made available to the Minister, or to any officer or employee in the Department of National Health and Welfare designated by the Minister for the purpose, a report providing information available to the Minister of National Revenue with respect to any applicant or beneficiary or the spouse of any applicant or beneficiary; and
1991, c. 44, ss. 32(2) and (3)	(6) Subsections 33(3.1) to (5) of the Act are replaced by the following:
Agreements with provinces for exchange of information	(3.1) The Minister may enter into an agreement with the government of any province for the purpose of obtaining information in connection with the administration and enforcement of this Act and the regulations and of making available or allowing to be made available to that government, under conditions prescribed by the Governor in Council, any information obtained in the course of the administration of this Act or the regulations, if the Minister is satisfied that the information to be made available or allowed to be made available to that government under the agreement will be used for the purpose of the administration of a social program, income assistance program or health insurance program in the province.
Evidence and production of documents	(4) 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).
Application of ss. (1) and (4)	(5) Subsections (1) and (4) do not apply
	(a) in respect of proceedings relating to the administration or enforcement of this Act;
	(b) in respect of proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information, under an Act of Parliament, where the disclosure of information is required for the purpose of complying with a subpoena or warrant issued by a court or an order issued by a court; or
	(c) where an appeal has been made to a Review Tribunal.
	21. (1) Paragraph 34(a) of the Act is replaced by the following:
	(a) prescribing the manner of making any application, statement or notification required or permitted by this Act, the information and evidence to be made available or allowed to be made available in connection therewith and the procedure to be followed in dealing with and approving applications;
	(2) Paragraph 34(f) of the Act is replaced by the following:
	(f) prescribing the information and evidence to be made available or allowed to be made available by beneficiaries and the circumstances and form in which the information or evidence shall be submitted;
	(3) Paragraph 34(n) of the Act is replaced by the following:
	(n) prescribing the procedure to be followed on any reference under subsection 28(2);
	22. Subsection 36(2) of the Act is replaced by the following:
Benefit not subject to seizure or execution	(1.1) A benefit is exempt from seizure and execution, either at law or in equity.
Exception	(2) Notwithstanding subsections (1) and (1.1), where, after June 28, 1984, a provincial authority or a municipal authority in a province pays a person any advance or assistance or welfare payment for a month or any 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 such terms and conditions as may be prescribed, deduct from the benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not exceeding the amount of the advance or assistance or welfare payment paid, if that person had, on or before receiving the advance or assistance or welfare payment from the provincial authority or municipal authority, consented in writing to the deduction and payment by the Minister.
Reimburseme nt of Department of Veterans Affairs	(3) Notwithstanding subsections (1) and (1.1), where any benefit is received for a month or any portion of a month after this subsection comes into force under any Act of Parliament that is administered by the Minister of Veterans Affairs, that would not have been received 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 deduct from the benefit and pay to the Department of Veterans Affairs an amount not exceeding the amount of the benefit if that person had, on or before receiving the benefit from the Department of Veterans Affairs, consented in writing to the deduction and payment by the Minister.
1991, c. 44, s. 33(1)	23. (1) Subsection 37(2) of the Act is replaced by the following:
Debt to Her Majesty	(2) Where 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 that benefit payment or the excess amount, as the case may be, constitutes a debt due to Her Majesty.
	(2) Subsection 37(4) of the Act is replaced by the following:
Remission of amount owing	(4) Notwithstanding subsections (1), (2) and (3), where a person has received or obtained a benefit payment to which that person is not entitled or a benefit payment in excess of the amount of the benefit payment to which that person is entitled and the Minister is satisfied that
	(a) the amount or excess of the benefit payment cannot be collected within the reasonably foreseeable future,
	(b) the administrative costs of collecting the amount or excess of the benefit payment are likely to equal or exceed the amount to be collected,
	(c) repayment of the amount or excess of the benefit payment would cause undue hardship to the debtor, or
	(d) the amount or excess of the benefit payment is the result of erroneous advice or administrative error in the administration of this Act,
	the Minister may, unless that person has been convicted of an offence under any provision of this Act or of the Criminal Code in connection with the obtaining of the benefit payment, remit all or any portion of the amount or excess of the benefit payment.
	24. Section 38 of the Act is replaced by the following:
Commissioner s for oaths, etc.	38. (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 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.

Bill C-54

Reconsiderations and Appeals

Incapacity

Access to Privileged Information