Bill C-41
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1999, c. 10,
s. 37
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(7) Paragraph 5(g.3) of the Act is
replaced by the following:
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(8) Paragraphs 5(h) and (i) of the Act are
replaced by the following:
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14. Section 6 of the Act is replaced by the
following:
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OVERPAYMENTS |
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Definition of
``overpaymen
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5.2 (1) In this section, ``overpayment'', in
relation to any period, means
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Recovery of
overpayments
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(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
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Remission of
overpayments
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(3) If a person has received or obtained an
overpayment and the Minister is satisfied that
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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
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(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.
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OATHS AND AFFIDAVITS |
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Taking oaths,
etc.
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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.
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Acceptance of
oaths, etc.
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(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
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who has all the powers of a commissioner for
taking affidavits.
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15. Section 6.2 of the Act is amended by
adding the following after subsection (2):
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Inconsistency
with other
provisions
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(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.
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16. The Act is amended by adding the
following after section 6.2:
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INFORMATION |
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Forms
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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.
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Definition of
``personal
information''
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6.4 In sections 6.5 to 6.9, ``personal
information'' has the same meaning as in
section 3 of the Privacy Act.
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Combining
information
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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.
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Information
that shall be
made
available to
Minister
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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:
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Information
that Minister
may disclose
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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
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Disclosure in
legal
proceedings
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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
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Social
Insurance
Numbers
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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.
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Related Provisions |
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Assistance
Fund (W.V.A.
and C.W.A.)
Regulations
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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.
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Civilian
Government
Employees
(War)
Compensation
Order
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18. For greater certainty,
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R.S., c. F-11
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FINANCIAL ADMINISTRATION ACT |
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19. Schedule II to the Financial
Administration Act is amended by striking
out the following:
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Director of Soldier Settlement
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The Director, The Veterans' Land Act
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R.S., c. P-6
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PENSION ACT |
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Amendments |
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20. (1) The definition ``treatment
allowance'' in subsection 3(1) of the Pension
Act is repealed.
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R.S., c. 37
(3rd Supp.),
s. 2(1)
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(2) The definition ``award'' in subsection
3(1) of the Act is replaced by the following:
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``award'' « compensatio n »
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``award'' means a pension, compensation, an
allowance or a bonus payable under this
Act;
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1999, c. 10,
s. 4
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(3) Paragraph (a) of the definition
``member of the forces'' in subsection 3(1)
of the Act is replaced by the following:
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(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:
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(5) Subsection 3(1) of the Act is amended
by adding the following in alphabetical
order:
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``Canadian
Forces'' « Forces canadiennes »
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``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;
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``Korean
War'' « guerre de Corée »
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``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;
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``personal
information'' « renseigneme nts personnels »
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``personal information'' has the same
meaning as in section 3 of the Privacy Act;
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``service in a
special duty
area'' « service spécial »
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``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;
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``service in
the Korean
War'' « service accompli pendant la guerre de Corée »
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``service in the Korean War'' means
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``special
force'' « contingent spécial »
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``special force'' means the Canadian Army
Special Force that was constituted for the
purposes of the Korean War;
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1990, c. 43,
s. 8(1)
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21. (1) The portion of subsection 21(1) of
the Act before paragraph (a) is replaced by
the following:
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Service
during war or
in special duty
area
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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,
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(2) Paragraph 21(1)(c) of the Act is
replaced by the following:
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