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Bill C-41

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	(iii) there are insufficient funds, as determined under the regulations, for the person's funeral, burial or cremation, or
1999, c. 10, s. 37	(7) Paragraph 5(g.3) of the Act is replaced by the following:
	(g.3) respecting procedures and terms and conditions relating to the provision of any gravemarker, service or assistance referred to in paragraph (g.1);
	(8) Paragraphs 5(h) and (i) of the Act are replaced by the following:
	(h) respecting
	(i) the provision of benefits, similar to those provided under regulations made under paragraphs (b) to (g.7) or to those provided under Acts and orders referred to in paragraph 4(a), to persons who were employees or agents of the Government of Canada during World War II as that war is defined in subsection 3(1) of the Pension Act, and to their dependants and survivors, and
	(ii) the application of any of the provisions of the Acts and orders referred to in paragraph 4(a) to those benefits, persons, dependants and survivors; and
	14. Section 6 of the Act is replaced by the following:
	OVERPAYMENTS
Definition of ``overpaymen t''	5.2 (1) In this section, ``overpayment'', in relation to any period, means
	(a) a payment that was paid to a person in respect of that period and to which the person had no entitlement under the regulations made under section 5; or
	(b) if a payment was paid to a person in respect of that period that was in excess of the amount of the payment to which the person was entitled under the regulations made under section 5, the amount of that excess.
Recovery of overpayments	(2) 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
	(a) may be recovered by deduction from any future payments made under the regulations made under section 5 to that person or to that person's estate or succession;
	(b) may be recovered in accordance with section 155 of the Financial Administration Act; and
	(c) may be recovered in any court of competent jurisdiction.
Remission of overpayments	(3) If a person has received or obtained an overpayment and the Minister is satisfied that
	(a) the overpayment cannot be recovered within the reasonably foreseeable future,
	(b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,
	(c) repayment of the overpayment would cause undue hardship to the person, or
	(d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant,
	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.
Recovery from survivor	(4) Where a survivor of a deceased person retains any amount paid to that person after the last day of the month in which that person died, that amount may be deducted from any amount payable to the survivor under the regulations made under section 5.
	OATHS AND AFFIDAVITS
Taking oaths, etc.	6. (1) 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.
Acceptance of oaths, etc.	(2) 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
	(a) a department or other portion of the public service of Canada specified in Schedule I to the Public Service Staff Relations Act, or
	(b) a department of the government of a province
	who has all the powers of a commissioner for taking affidavits.
	15. Section 6.2 of the Act is amended by adding the following after subsection (2):
Inconsistency with other provisions	(3) If there is any inconsistency between subsection (2) and any other provision of this Act or any provision of any other enactment administered by the Minister, subsection (2) prevails to the extent of the inconsistency.
	16. The Act is amended by adding the following after section 6.2:
	INFORMATION
Forms	6.3 Every application or other document required or permitted by the regulations, or by any enactment incorporating the regulations by reference, must be made or given in the form required by the Minister.
Definition of ``personal information''	6.4 In sections 6.5 to 6.9, ``personal information'' has the same meaning as in section 3 of the Privacy Act.
Combining information	6.5 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, the regulations, and other enactments administered by the Minister.
Information that shall be made available to Minister	6.6 The following personal information relating to a person referred to in subparagraph 4(a)(i) shall, if requested by the Minister, be made available to the Minister for the purpose of determining or verifying the service or medical history of the person in order to determine eligibility for a benefit under the regulations or under any enactment incorporating the regulations by reference:
	(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;
	(b) personal information collected or obtained by the Department of Transport in the administration of the Aeronautics Act or the Canada Shipping Act, or any predecessor enactment relating to the same subject-matter;
	(c) personal information collected or obtained by the Department of Indian Affairs and Northern Development in the administration of the Indian Act, or any predecessor enactment relating to the same subject-matter; and
	(d) 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.
Information that Minister may disclose	6.7 Personal information that has been collected or obtained by the Minister in the administration of this Act, the regulations, or any enactment incorporating this Act or the regulations by reference, may be disclosed by the Minister
	(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, the regulations, or any other enactment administered by the Minister;
	(b) to any officer or employee of the Department, to the extent that the disclosure is required for the administration of this Act, the regulations, or any other enactment administered by the Minister;
	(c) to any person or body, to the extent that the disclosure is required for the purpose of obtaining a payment due to Canada by
	(i) the United Nations, or
	(ii) another international organization or another country, pursuant to an international agreement;
	(d) 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
	(e) to the Correctional Service of Canada, to the extent that the disclosure is required for the administration of the Corrections and Conditional Release Act.
Disclosure in legal proceedings	6.8 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 purposes of this Act, the regulations, or any enactment incorporating this Act or the regulations by reference, in any legal proceedings, except
	(a) criminal proceedings; or
	(b) proceedings on a review, appeal, reconsideration or judicial review relating to an application made under this Act, the regulations, or any enactment incorporating this Act or the regulations by reference.
Social Insurance Numbers	6.9 If a Social Insurance Number has been used to identify the service or medical records of a person referred to in paragraph 4(a), the minister or other authority having custody of those records and the Minister may use the Social Insurance Number for the purpose of making available those records.
	Related Provisions
Assistance Fund (W.V.A. and C.W.A.) Regulations	17. For greater certainty, the Assistance Fund (W.V.A. and C.W.A.) Regulations are deemed to have been valid and in force from the time they were first enacted until the coming into force of this section, and continue in force subject to being amended or repealed under paragraph 5(e.1) of the Department of Veterans Affairs Act.
Civilian Government Employees (War) Compensation Order	18. For greater certainty,
	(a) the Civilian Government Employees (War) Compensation Order, P.C. 45/8848 of November 22, 1944, is deemed to have been valid and in force from the time it was made until the coming into force of this section, and continues in force subject to being amended or repealed under paragraph 5(h) of the Department of Veterans Affairs Act; and
	*(b) all references in that Order to the Pension Act* are deemed to be, and always to have been, references to that Act as amended from time to time.**
R.S., c. F-11	FINANCIAL ADMINISTRATION ACT
	*19. Schedule II to the Financial Administration Act* is amended by striking out the following:**
	Director of Soldier Settlement
	Directeur de l'établissement de soldats
	The Director, The Veterans' Land Act
	Directeur des terres destinées aux anciens combattants
R.S., c. P-6	PENSION ACT
	Amendments
	*20. (1) The definition ``treatment allowance'' in subsection 3(1) of the Pension Act* is repealed.**
R.S., c. 37 (3rd Supp.), s. 2(1)	(2) The definition ``award'' in subsection 3(1) of the Act is replaced by the following:
``award'' « compensatio n »	``award'' means a pension, compensation, an allowance or a bonus payable under this Act;
1999, c. 10, s. 4	(3) Paragraph (a) of the definition ``member of the forces'' in subsection 3(1) of the Act is replaced by the following:
	(a) a person who has served in the Canadian Forces at any time since the commencement of World War I, and
	(4) Paragraph (b) of the definition ``service in a theatre of actual war'' in subsection 3(1) of the Act is replaced by the following:
	(b) any service as a member of the naval forces or merchant navy of Canada in the period described in paragraph (a) on the high seas or wherever contact has been made with hostile forces of the enemy, or in any other place at which the member has sustained injury or contracted disease directly by a hostile act of the enemy, and
	(5) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:
``Canadian Forces'' « Forces canadiennes »	``Canadian Forces'' means the armed forces referred to in section 14 of the National Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland;
``Korean War'' « guerre de Corée »	``Korean War'' means the military operations undertaken by the United Nations to restore peace in the Republic of Korea, and the period denoted by the term ``Korean War'' is the period from June 25, 1950 to July 27, 1953, inclusive;
``personal information'' « renseigneme nts personnels »	``personal information'' has the same meaning as in section 3 of the Privacy Act;
``service in a special duty area'' « service spécial »	``service in a special duty area'' means service in an area designated as a special duty area by an order made or continued under section 91.1 in the period during which that designation applies to that area;
``service in the Korean War'' « service accompli pendant la guerre de Corée »	``service in the Korean War'' means
	(a) in the case of a member of the Canadian Forces, any service from the day of the member's departure from Canada or the United States, including Alaska, to participate in the Korean War, until the earliest of
	(i) the day on which the member next returned to Canada or the United States, including Alaska,
	(ii) the day on which the member was next posted to a unit that was not participating in the Korean War,
	(iii) the day on which the unit with which the member was serving, having ceased to participate in the Korean War, arrived at the place to which it had been next assigned, and
	(iv) October 31, 1953, and
	(b) in the case of a Canadian merchant mariner of the Korean War as described in subsection 21.1(5), any service during a period described in paragraph 21.1(2)(b);
``special force'' « contingent spécial »	``special force'' means the Canadian Army Special Force that was constituted for the purposes of the Korean War;
1990, c. 43, s. 8(1)	21. (1) The portion of subsection 21(1) of the Act before paragraph (a) is replaced by the following:
Service during war or in special duty area	21. (1) In respect of service rendered during World War I, service rendered during World War II other than in the non-permanent active militia or the reserve army, service as a member of the special force, service in the Korean War, and service in a special duty area as a member of the Canadian Forces,
	(2) Paragraph 21(1)(c) of the Act is replaced by the following:
	(c) no deduction shall be made from the degree of actual disability of a member of the forces who has rendered service in a theatre of actual war, service in the Korean War or service in a special duty area on account of a disability or disabling condition that existed in the member before the member's period of service in World War I or World War II, service in the Korean War or service in a special duty area, as the case may be, except

Bill C-41

OVERPAYMENTS

OATHS AND AFFIDAVITS

INFORMATION

Related Provisions

FINANCIAL ADMINISTRATION ACT

PENSION ACT

Amendments