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Bill C-67

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``Commission ''
« Commission »

``Commission'' means the Canadian Pension Commission established by section 5 of the former Act;

``Entitlement Board''
« comité d'examen »

``Entitlement Board'' means an Entitlement Board established under section 91 of the former Act;

``former Act''
« loi antérieure »

``former Act'' means the Pension Act, as it read immediately before the day on which section 73 of An Act to establish the Veterans Review and Appeal Board, to amend the Pension Act, to make consequential amendments to other Acts and to repeal the Veterans Appeal Board Act comes into force.

Application

80. (1) Subject to subsection (2), no award is payable to a person unless an application has been made by or on behalf of the person and payment of the award has been approved under this Act.

Exception

(2) A surviving spouse or child of a deceased member of the forces who was living with the member at the time of the member's death need not make an application in respect of a pension referred to in paragraph 21(1)(b) or (i) or (2)(b) or (d) or subsection 34(6), (7) or (11) or 45(2), (3) or (3.1) or an allowance referred to in subsection 38(3) or 72(5).

Application made to Minister

81. (1) Every application must be made to the Minister.

Consideration of applications

(2) The Minister shall consider an application without delay after its receipt and shall

    (a) where the Minister is satisfied that the applicant is entitled to an award, determine the amount of the award payable and notify the applicant of the decision; or

    (b) where the Minister is not satisfied that the applicant is entitled to an award, refuse to approve the award and notify the applicant of the decision.

Counselling service

(3) The Minister shall, on request,

    (a) provide a counselling service to applicants and pensioners with respect to the application of this Act to them; and

    (b) assist applicants and pensioners in the preparation of applications.

Review of decisions

82. (1) Subject to subsection (2), the Minister may, on the Minister's own motion, review a decision made by the Minister or the Commission and may either confirm the decision or amend or rescind the decision if the Minister determines that there was an error 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 Minister.

Exception

(2) Subsection (1) does not apply with respect to a decision made by an Assessment Board or Entitlement Board under the former Act.

Pensions obtained by fraud, etc.

83. (1) The Minister may cancel a pension and recover any payments that have been made to a person under this Act if the pension was awarded as a result of fraud, misrepresentation or concealment of material facts on the part of the person.

Pensions awarded in error

(2) The Minister may ratify payments of a pension and continue payment of the pension in whole or in part if

    (a) the pension was awarded as a result of an error and not as a result of fraud, misrepresentation or concealment of material facts on the part of the applicant;

    (b) the pension has been paid for not less than five years; and

    (c) its cancellation or reduction would, in the opinion of the Minister, result in undue hardship to the pensioner.

Review

84. An applicant who is dissatisfied with a decision made by the Minister under this Act or under subsection 34(5) of the Veterans Review and Appeal Board Act may apply to the Veterans Review and Appeal Board to review the decision.

Permission of Board required

85. (1) The Minister may not consider an application for an award that has already been the subject of a determination by the Veterans Review and Appeal Board or one of its predecessors (the Veterans Appeal Board, the Pension Review Board, an Assessment Board or an Entitlement Board) unless

    (a) the applicant has obtained the permission of the Veterans Review and Appeal Board; or

    (b) the Veterans Review and Appeal Board has referred the application to the Minister for reconsideration.

Applications before March 30, 1971

(2) Notwithstanding subsection (1), the Minister may consider any application made before March 30, 1971 that was the subject of a final determination by the Commission or any other body empowered to grant or make awards before that day.

Transitional

86. (1) An applicant who is dissatisfied with a decision made by the Commission under the former Act and who has not made a request for a hearing under section 87 or 88 of the former Act may apply to the Veterans Review and Appeal Board to review the decision.

Transitional

(2) An applicant who is dissatisfied with a decision made by an Assessment Board or Entitlement Board under the former Act may appeal the decision to the Veterans Review and Appeal Board.

Exception

(3) Subsection (2) does not apply to a decision that has already been subject to a determination by the Veterans Appeal Board.

PART VII

GENERAL

Inquiries Act

87. (1) The Minister has all the powers of a commissioner appointed under Part I of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act.

Taking oaths, etc.

(2) Any officer or employee of the Department authorized by the Minister may, in the course of their employment, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of the administration or enforcement of this Act or the regulations, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, the powers of a commissioner for taking affidavits.

Representatio n of applicant

88. In all proceedings under this Act, an applicant may be represented by a service bureau of a veterans' organization or, at the applicant's own expense, by any other representative of the applicant's choice.

Medical examinations

89. (1) The Minister may at any time require an applicant or pensioner to undergo a medical examination by a person qualified to practise medicine.

Non-complian ce

(2) Where an applicant or pensioner who is required by the Minister to undergo a medical examination unreasonably fails to do so, the Minister may suspend payment of a pension to the applicant or pensioner for the period during which the failure continues.

Expenses

90. (1) An applicant or pensioner who undergoes a medical examination required by the Minister is entitled to be paid a reasonable amount for travel and living expenses and loss of wages incurred by reason of the examination.

Medical fees

(2) A qualified medical practitioner who is not employed in the Department is entitled to be paid a reasonable fee for attending to give evidence or for conducting a medical examination required by the Minister.

Regulations

91. The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations prescribing

    (a) the manner of making an application or a statement or of giving notice under this Act, the information and evidence to be furnished and the procedure to be followed in dealing with applications;

    (b) the times at which and the manner in which awards are to be paid; and

    (c) the procedure to be followed by the Minister in making decisions under section 82 or 83.

Forms

92. Every application, statement or notice required or permitted by this Act must be made or given in the form required by the Minister.

R.S., c. 20 (3rd Supp.), s. 27, c. 37 (3rd Supp.), s. 16

74. Sections 109 and 110 of the Act are replaced by the following:

Access to records

109. Subject to any other Act of Parliament and any regulations made under any other Act of Parliament, the following persons may inspect the records of the Department and all material relating to an application under this Act:

    (a) the applicant or a representative of the applicant;

    (b) any medical adviser or other person, including any representative of a veterans' organization incorporated by or under an Act of Parliament, consulted by the applicant or a representative of the applicant; and

    (c) any member of the public service of Canada whose duties require the inspection of those records or that material.

Immunity

110. No action or other proceeding lies against any person by reason of anything done or said in good faith in any proceedings before the Minister or in any report of any examination made for the purposes of this Act by any person employed in the Department or by any other person at the request of the Minister.

75. The Act is amended by replacing the word ``Commission'' with the word ``Minister'', with such modifications as the circumstances require, in the following provisions:

    (a) subsection 21(8);

    (b) subsection 22(2);

    (c) sections 25 and 26;

    (d) subsection 30(2);

    (e) subsection 32(1);

    (f) paragraph 34(1)(b);

    (g) paragraph 34(7)(b);

    (h) subsection 34(7.01);

    (i) subsections 38(1) and (2);

    (j) subsection 41(2);

    (k) subsections 42(1) and (2);

    (l) subsection 42(4);

    (m) subsection 45(3.01);

    (n) subsections 47(1) and (2);

    (o) subsection 48(3);

    (p) subsection 48(5);

    (q) subsection 49(1);

    (r) subsection 50(1);

    (s) subparagraph 51(1)(b)(ii);

    (t) subsection 52(3);

    (u) subsections 52(5) and (6);

    (v) paragraph 52(7)(c);

    (w) paragraph 56(1)(b);

    (x) section 59.1;

    (y) subsection 61(2);

    (z) subsection 68(1);

    (z.1) subsection 72(1);

    (z.2) subsection 72(4); and

    (z.3) section 73.

76. The French version of the Act is amended by replacing the words ``requérant'' and ``postulant'' with the word ``demandeur''.

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