Bill C-2
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| Agreements
respecting the
apportion- ment of payments
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80.1 (1) The Minister may, with the
approval of the Governor in Council, on
behalf of the Government of Canada enter into
an agreement with any person or body
responsible for the administration of
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that provides for periodic payments to persons
in respect of accidents, injuries, illnesses and
occupational diseases for the purpose of
limiting the total amount that is payable to a
beneficiary as a disability benefit under this
Act and as periodic payments under that other
law or activity.
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| Apportion- ment of payments
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(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.
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| Effect of
agreement
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(3) Notwithstanding anything in this Act,
but subject to subsection (4), where an
agreement 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.
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| Limitation
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(4) An agreement may not
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| 1991, c. 44,
s. 20
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84. Subsection 81(2) of the Act is replaced
by the following:
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| Reconsidera- tion where penalty assessed
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(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.
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| Reconsidera- tion by Minister and decision
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(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
decision and of the reasons for it.
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| 1995, c. 33,
s. 35(1)
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85. Subsection 82(1) of the Act is replaced
by the following:
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| Appeal to
Review
Tribunal
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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
subsection 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.
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| R.S., c. 30
(2nd Supp.),
s. 45(1)
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85.1 Subsection 83(3) of the Act is
replaced by the following:
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| Designation
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(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).
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| Where leave
refused
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(3) Where leave to appeal is refused, written
reasons must be given by the person who
refused the leave.
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86. Subsection 90(2) of the Act is replaced
by the following:
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| Limitation
period
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(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.
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| Saving
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(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.
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87. The Act is amended by adding the
following after section 90:
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Penalties
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| Penalty for
misrepre- sentation, etc.
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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
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| Maximum
penalty
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(2) The Minister may set the amount of the
penalty for each act or omission at not more
than $10,000.
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| Limitation on
imposition of
penalties
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(3) A penalty shall not be imposed on a
person under subsection (1) if
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| Rescission,
etc., of
penalty
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(4) The Minister may rescind the
imposition 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.
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| Interpreta- tion
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90.2 (1) The definitions in this subsection
apply in this section.
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| ``document'' « docu- ment »
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``document'' includes moneys, securities,
books, records, letters, accounts,
statements (financial or otherwise),
correspondence, memoranda, film,
microform, videotape, photographs,
machine-readable records and other
documentary material, regardless of form
or characteristics, and any copy or printout
of any of them.
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| ``dwelling- house'' « maison d'habita- tion »
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``dwelling-house'' means the whole or a part
of a building or structure that is kept or
occupied as a permanent or temporary
residence and includes
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| ``judge'' « juge »
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``judge'' means a judge of a superior court
having jurisdiction in the province where
the matter arises or a judge of the Federal
Court.
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| Inspections
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(2) The Minister may, at any reasonable
time, for any purpose relating to the
administration 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
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| Warrant
required to
enter
dwelling- house
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(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).
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| Warrant
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(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
information on oath that
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| Other access
to document
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(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
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| Requirement
to provide
documents or
information
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(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.
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| Unnamed
persons
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(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).
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| Judicial
authorization
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(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
requirement under subsection (6) relating to
one or more unnamed persons, in this section
referred to as the ``group'', where the judge is
satisfied by information on oath that
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| Service of
authorization
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(9) Where an authorization is granted under
subsection (8), the authorization shall be
served together with the notice referred to in
subsection (6).
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| Review of
authorization
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(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.
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| Powers on
review
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(11) On hearing an application under
subsection (10), a judge may cancel the
authorization 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.
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| Copies as
evidence
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(12) Where a document is inspected,
examined 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.
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| Compliance
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(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.
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| 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)
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88. Sections 104 and 105 of the Act are
replaced by the following:
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Protection of Personal Information |
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| Definitions
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104. (1) The definitions in this subsection
apply in this section and sections 104.01 to
105.
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| ``administra- tion'' « mise en oeuvre »
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``administration'' includes the development,
operation, evaluation and enforcement of
policies and programs.
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| ``federal
institution'' « institution fédérale »
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``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 »
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``public officer'' means an officer or
employee of a federal institution, or a
prescribed individual or a member of a
prescribed class of individuals.
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| Interpreta- tion
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(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
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(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
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
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104.01 (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
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(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
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(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.
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| Availability of
information
for
proceedings
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(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
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104.02 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
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104.03 (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
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(2) Information may be made available to
the minister responsible for, and to any public
officer of,
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