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COMPASSIONATE AWARDS |
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| Application
for
compassionat
e award
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34. (1) A person who has been refused an
award under the Pension Act and who has
exhausted all procedures for review or appeal
under this Act may apply to the Board for a
compassionate award.
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| Panel
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(2) An application for a compassionate
award shall be heard, determined and dealt
with by a panel consisting of not fewer than
three members designated by the Chairperson.
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| Granting of
compassionat
e award
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(3) A panel may grant a compassionate
award if it considers the case to be specially
meritorious and the applicant is unqualified to
receive an award under the Pension Act.
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| Amount
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(4) The amount of a compassionate award
shall be such sum as the panel may fix, but
may not exceed the amount to which the
applicant would have been entitled if the
applicant's claim to an award under the
Pension Act had been upheld.
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| Review by
Minister
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(5) The Minister may from time to time vary
the amount of a compassionate award that is
subject to being varied in accordance with the
applicant's dependent condition.
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| Adjustment
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(6) The amount of a compassionate award
shall be adjusted at the same times and by the
same percentage as the basic pension is
adjusted under subsection 75(1) of the
Pension Act.
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| Reconsiderati
on of
decisions
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(7) The Board may, on its own motion,
reconsider a decision made by it under this
section and may either confirm the decision or
amend or rescind the decision if it determines
that an error was made with respect to any
finding of fact or the interpretation of any law,
or may do so on application if new evidence is
presented to the Board.
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| Definition of
``compassiona
te award''
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(8) In this section, ``compassionate award''
means a compassionate pension, allowance or
supplementary award.
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GENERAL |
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| Representatio
n
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35. In all proceedings under this Act, an
applicant or appellant may choose to be
represented by a pensions advocate from the
Bureau, by a service bureau of a veterans'
organization or, at the person's own expense,
by any other representative of the person's
choice.
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| Place of
sittings
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36. (1) The Board shall sit at such places in
Canada and at such times as may be fixed by
the Chairperson.
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| Hearings to be
public
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(2) Every hearing before the Board shall be
open to the public except where the applicant
or appellant requests that the hearing be closed
and the Board is of the opinion that a closed
hearing would not be contrary to the public
interest.
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| Questions of
interpretation
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37. (1) The Minister, the Chief Pensions
Advocate, any veterans' organization
incorporated by or under an Act of Parliament
or any interested person may refer to the Board
for hearing and decision any question of
interpretation relating to this Act, to the
Pension Act, to any other Act of Parliament
pursuant to which an appeal may be taken to
the Board or to any regulations made under
any such Act.
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| Notice
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(2) Before making a decision on a question
referred to it, the Board shall notify the
prescribed persons or organizations and give
them an opportunity to present argument on
the question.
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| Refusal to
hear trivial
questions
|
(3) The Board may refuse to hear and decide
any question referred to it under this section
that it considers to be trivial, frivolous or
vexatious.
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| Medical
opinion
|
38. (1) The Board may obtain independent
medical advice for the purposes of any
proceeding under this Act and may require an
applicant or appellant to undergo any medical
examination that the Board may direct.
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| Notification
of intention
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(2) Before accepting as evidence any
medical advice or report on an examination
obtained pursuant to subsection (1), the Board
shall notify the applicant or appellant of its
intention to do so and give them an
opportunity to present argument on the issue.
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| Rules of
evidence
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39. In all proceedings under this Act, the
Board shall
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| Expeditious
proceedings
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40. All proceedings before the Board shall
be dealt with as informally and expeditiously
as the circumstances and considerations of
fairness permit.
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| Immunity
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41. No action or other proceeding lies
against any person for or in respect of anything
done, reported or said in good faith in any
proceedings before the Board or anything
reported or said in good faith in any material,
information or report made or furnished by
any person at the request of the Board.
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| Inquiries
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42. (1) The Chairperson may recommend to
the Minister that an inquiry be held to
determine whether a member should be
subject to disciplinary or remedial measures
for any reason set out in any of paragraphs
43(2)(a) to (d).
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| Judge to
conduct
inquiry
|
(2) Where the Minister considers it
appropriate that an inquiry be held, a judge,
supernumerary judge or former judge of the
Federal Court, in this section and section 43
referred to as a ``judge'', shall conduct the
inquiry.
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| Powers
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(3) A judge conducting an inquiry has all
the powers, rights and privileges that are
vested in a superior court and, without
restricting the generality of the foregoing, has
the power
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| Inquiry public
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(4) Subject to subsections (5) and (6), an
inquiry shall be conducted in public.
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| Confidentialit
y
|
(5) A judge conducting an inquiry may, on
application, take any measures or make any
order that the judge considers necessary to
ensure the confidentiality of the inquiry if the
judge is satisfied that financial or personal or
other matters may be disclosed and are of such
a nature that the desirability of avoiding
public disclosure of those matters in the
interest of any person affected or in the public
interest outweighs the desirability of adhering
to the principle that the inquiry be conducted
in public.
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| Confidentialit
y
|
(6) Where the judge considers it appropriate
to do so, the judge may take any measures or
make any order that the judge considers
necessary to ensure the confidentiality of any
hearing held in respect of an application
referred to in subsection (5).
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| Rules of
evidence
|
(7) A judge conducting an inquiry is not
bound by any legal or technical rules of
evidence and, in any proceedings of the
inquiry, the judge may receive and base a
decision on evidence adduced in the
proceedings and considered credible or
trustworthy in the circumstances of the case.
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| Right to be
heard
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(8) Every member in respect of whom an
inquiry is held shall be given reasonable
notice of the subject-matter of the inquiry and
of the time and place of any hearing and shall
be given an opportunity, in person or by
counsel, to be heard at the hearing, to
cross-examine witnesses and to adduce
evidence.
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| Report of
inquiry
|
43. (1) After an inquiry has been completed,
the judge who conducted the inquiry shall
submit a report of the conclusions of the
inquiry to the Minister.
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| Recommendat
ions
|
(2) Where an inquiry has been held and, in
the opinion of the judge who conducted the
inquiry, the member in respect of whom the
inquiry was held
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the judge may, in the report of the inquiry,
recommend that the member be suspended
without pay or removed from office or may
recommend that such remedial measure as the
judge considers necessary be taken.
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| Governor in
Council may
suspend or
remove
|
(3) Where the Minister receives a report
under subsection (1), the Minister shall send a
copy of the report to the Governor in Council,
who may suspend the member to whom the
report relates without pay, remove the
member from office or take any remedial
measure.
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RULES AND REGULATIONS |
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| Rules
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44. (1) The Board may make rules, not
inconsistent with the regulations, governing
the proceedings, practice and procedures of
the Board.
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| Quorum
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(2) A majority of permanent members in
office constitutes a quorum for the purpose of
making rules under subsection (1).
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| Regulations
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45. The Governor in Council may make
regulations for carrying the purposes and
provisions of this Act into effect, including
regulations
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| R.S., c. P-6;
R.S., c. 16 (1st
Supp.), cc. 3,
12 (2nd
Supp.), cc. 20,
37 (3rd
Supp.); 1989,
c. 6; 1990, c.
43; 1992, c.
24
|
AMENDMENTS TO THE PENSION ACT |
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46. (1) The definitions ``Bureau'', ``Chief
Pensions Advocate'', ``Commission'',
``commissioner'', ``Entitlement Board''
and ``Examiner'' in subsection 3(1) of the
Pension Act are repealed.
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(2) The definition ``requérant'' ou
``postulant'' in subsection 3(1) of the
French version of the Act is repealed.
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| R.S., c. 20
(3rd Supp.),
s. 21(2)
|
(3) The definitions ``Veterans Appeal
Board'' and ``widowed mother'' in
subsection 3(1) of the Act are replaced by
the following:
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| ``Veterans
Review and
Appeal
Board'' « Tribunal »
|
``Veterans Review and Appeal Board'' means
the Veterans Review and Appeal Board
established by section 4 of the Veterans
Review and Appeal Board Act;
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| ``widowed
mother'' « mère veuve »
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``widowed mother'' includes a mother
deserted by her spouse;
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(4) Subsection 3(1) of the French version
of the Act is amended by adding the
following in alphabetical order:
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| « demandeur
» ``applicant''
|
« demandeur » Personne qui demande une
compensation ou l'augmentation d'une
compensation.
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| R.S., c. 16 (1st
Supp.), s. 1
|
(5) Subsection 3(3) of the Act is replaced
by the following:
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| Couples
deemed to be
living
together
|
(3) A member of the forces and the
member's spouse or surviving spouse shall be
deemed to be or to have been living together
for the purposes of this Act where it is
established that the member and the spouse
are not, or the member and the surviving
spouse were not, living together by reason
only of injury or disease, circumstances of a
temporary nature or other circumstances not
attributable to the member or the spouse or
surviving spouse.
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| R.S., c. 37
(3rd Supp.),
ss. 3 to 6;
1990, c. 43,
ss. 4 to 7
|
47. Parts I and II of the Act are replaced
by the following:
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POWERS OF THE MINISTER |
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| Powers of the
Minister
|
5. (1) Subject to this Act and any other Act
of Parliament and to the regulations made
under this or any other Act of Parliament, the
Minister has full power to decide on all
matters and questions relating to the award,
increase, decrease, suspension or cancellation
of any pension or other payment under this Act
and to the recovery of any overpayment that
may have been made.
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| Additional
duties
|
(2) The Governor in Council may, by order,
confer on the Minister duties like those under
subsection (1) in respect of pensions or other
payments authorized by any other Act of
Parliament or by the Governor in Council.
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| Benefit of
doubt
|
(3) In making a decision under this Act, the
Minister shall
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| Decisions
shall be made
expeditiously
|
(4) Decisions of the Minister shall be made
as informally and expeditiously as the
circumstances and considerations of fairness
permit.
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| Property and
moneys in
trust
|
6. The Minister may accept and administer
any property and moneys conveyed to the
Minister in trust for the benefit of pensioners,
their dependants or any other persons on such
terms and conditions as are set out in the terms
of the conveyance or, if no conditions are set
out, on such terms and conditions as the
Minister deems reasonable for the purposes of
the trust.
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48. Section 24 of the Act is repealed.
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49. Section 28 of the Act is replaced by the
following:
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| Fees and
charges to be
certified
|
28. No action lies against any person in
respect of services performed in connection
with the preparation or prosecution of any
application, unless the Minister has certified
that the amount claimed is a fair and
reasonable charge for the services rendered
and properly payable by the person against
whom the claim is made.
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50. Subsection 29(3) of the Act is
repealed.
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51. Subsection 30(1) of the Act is replaced
by the following:
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| Pensions or
allowances
not to be
assigned or
charged
|
30. (1) No pension or allowance shall be
assigned, charged, attached, anticipated,
commuted or given as security, and the
Minister may refuse to recognize any power of
attorney granted by a pensioner with reference
to the payment of a pension or an allowance.
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| Exemption
from seizure
and execution
|
(1.1) A pension or allowance is exempt
from seizure and execution, either at law or in
equity.
|
|
| R.S., c. 12
(2nd Supp.),
s. 6
|
52. Section 31 of the Act is replaced by the
following:
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| Disposition of
pension or
allowance
|
31. (1) Any pension or allowance held in
trust by the Minister and due to a deceased
pensioner at the time of death does not form
part of the estate of the deceased pensioner.
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| Pensioner's
last sickness
and burial
expenses
|
(2) The Minister may direct the payment of
any pension or allowance referred to in
subsection (1) either to the pensioner's estate
or to the surviving spouse or child or children
of the pensioner, or to the surviving spouse and
child or children, or may direct that it be paid
in whole or in part to any person who has
maintained, or been maintained by, the
pensioner or toward the expenses of the
pensioner's last sickness and burial.
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| Non-payment
of pension or
allowance
|
(3) If no order for the payment of a pension
or an allowance referred to in subsection (1) is
made by the Minister, the pension or
allowance shall not be paid.
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