Bill C-67
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| R.S., c. P-36
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Public Service Superannuation Act |
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95. Part I of Schedule I to the Public
Service Superannuation Act is amended by
striking out the following:
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Canadian Pension Commission
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| R.S., c. 20
(3rd Supp.),
s. 39 (Sch.,
item 6)
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96. Part II of Schedule I to the Act is
amended by striking out the following:
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Bureau of Pensions Advocates
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Veterans Appeal Board
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97. Part II of Schedule I to the Act is
amended by adding the following in
alphabetical order:
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Veterans Review and Appeal Board
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| R.S., c. T-2
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Tax Court of Canada Act |
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| 1992, c. 24,
s. 18
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98. Subsection 12(2) of the Tax Court of
Canada Act is replaced by the following:
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| Jurisdiction
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(2) The Court has exclusive original
jurisdiction to hear and determine appeals on
matters arising under the War Veterans
Allowance Act and the Merchant Navy
Veteran and Civilian War-related Benefits Act
and referred to in section 33 of the Veterans
Review and Appeal Board Act.
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| 1994, c. 26,
s. 67 (E)
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99. Paragraph 18.29(1)(d) of the Act is
replaced by the following:
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| R.S., c. V-1
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Department of Veterans Affairs Act |
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| 1990, c. 43,
s. 2
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100. Paragraph 5.1(2)(a) of the
Department of Veterans Affairs Act is
replaced by the following:
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101. The Act is amended by adding the
following after section 6:
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BUREAU OF PENSIONS ADVOCATES |
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| Bureau
continued
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6.1 (1) There is hereby continued the
Bureau of Pensions Advocates, consisting of
a Chief Pensions Advocate and such other
pensions advocates, officers and employees as
may be required for the performance of the
duties of the Bureau, and the Bureau shall
form part of the Department.
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| Qualifications
of pensions
advocates
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(2) The Chief Pensions Advocate and each
pensions advocate shall be appointed from
among persons who are members of the bar of
a province.
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| Bureau's
duties
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6.2 (1) It is the duty of the Bureau, on
request,
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| Bureau to act
as solicitor
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(2) The relationship between the Bureau
and a person requesting its assistance is that of
solicitor and client, and the Bureau shall not
be required in any proceedings before the
Veterans Review and Appeal Board to
disclose any information or material in its
possession relating to any such person.
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| R.S., c. W-3
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War Veterans Allowance Act |
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| R.S., c. 20
(3rd Supp.),
ss. 30(3)(E)
and (4)(F)
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102. The definition ``Board'' in
subsection 2(1) of the War Veterans
Allowance Act is replaced by the following:
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| ``Board'' « Tribunal »
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``Board'' means the Veterans Review and
Appeal Board established by section 4 of
the Veterans Review and Appeal Board Act;
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| R.S., c. 12
(2nd Supp.),
s. 10
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103. The portion of subparagraph
4(3)(c)(ii) of the Act before clause (A) is
replaced by the following:
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| R.S., c. 20
(3rd Supp.),
s. 38 (F)
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104. Section 33 of the Act is repealed.
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REPEAL |
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| Repeal of
R.S., c. 20
(3rd Supp.) [c.
V-1.2]
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105. The Veterans Appeal Board Act is
repealed.
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TRANSITIONAL |
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| Members of
Veterans
Appeal Board
cease to hold
office
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106. (1) The Chairman, Deputy
Chairman and other members of the
Veterans Appeal Board cease to hold office
on the day on which this section comes into
force.
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| Staff
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(2) Nothing in this Act shall be construed
as affecting the status of an employee who,
immediately before the coming into force of
this section, occupies a position in the
Veterans Appeal Board, except that the
employee shall, on the coming into force of
this section, occupy their position in the
Veterans Review and Appeal Board under
the authority of the Chairperson of that
Board.
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| Definition of
``employee''
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(3) In this section, ``employee'' has the
same meaning as in subsection 2(1) of the
Public Service Employment Act.
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| Members of
Canadian
Pension
Commission
cease to hold
office
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107. (1) The Chairman, Deputy
Chairman and other members of the
Canadian Pension Commission cease to
hold office on the day on which this section
comes into force.
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| Staff
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(2) Nothing in this Act shall be construed
as affecting the status of an employee who,
immediately before the coming into force of
this section, occupies a position in the
Canadian Pension Commission, except that
the employee shall, on the coming into force
of this section, occupy their position in the
Veterans Review and Appeal Board under
the authority of the Chairperson of that
Board.
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| Definition of
``employee''
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(3) In this section, ``employee'' has the
same meaning as in subsection 2(1) of the
Public Service Employment Act.
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| Chief
Pensions
Advocate
ceases to hold
office
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108. (1) The Chief Pensions Advocate
appointed pursuant to subsection 18(1) of
the Pension Act, as it read immediately
before the day on which section 47 of this
Act comes into force, ceases to hold office on
the day on which that section comes into
force.
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| Staff
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(2) Nothing in this Act shall be construed
as affecting the status of an employee who,
immediately before the coming into force of
this section, occupies a position in the
Bureau of Pensions Advocates, except that
the employee shall, on the coming into force
of this section, occupy their position in the
Department of Veterans Affairs under the
authority of the Deputy Minister of
Veterans Affairs.
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| Definition of
``employee''
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(3) In this section, ``employee'' has the
same meaning as in subsection 2(1) of the
Public Service Employment Act.
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| Pending
applications
for awards
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109. (1) Applications for awards pending
before the Canadian Pension Commission
on the day on which section 47 of this Act
comes into force shall be transferred to the
Minister of Veterans Affairs and dealt with
in accordance with the Pension Act, as
amended by this Act.
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| Pending
applications
for
compassionat
e awards
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(2) Applications made under section 33 of
the Pension Act, as it read immediately
before the day on which section 53 of this
Act comes into force, that are pending
before the Canadian Pension Commission
on the day on which that section comes into
force shall be transferred to the Veterans
Review and Appeal Board and dealt with in
accordance with section 34 of the Veterans
Review and Appeal Board Act, as enacted by
this Act.
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| Pending
proceedings
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110. (1) Proceedings pending on the day
on which section 73 of this Act comes into
force before members of the Canadian
Pension Commission or an Entitlement
Board under section 87 or 88 of the Pension
Act, as that Act read immediately before the
day on which section 73 of this Act comes
into force, shall be taken up and continued
under and in conformity with the Veterans
Review and Appeal Board Act, as enacted by
this Act, and the Pension Act, as amended
by this Act, before a review panel of the
Veterans Review and Appeal Board
established in accordance with section 19 of
the Veterans Review and Appeal Board Act.
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| Pending
proceedings
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(2) Proceedings pending before the
Veterans Appeal Board on the day on which
section 105 of this Act comes into force shall
be taken up and continued under and in
conformity with the Veterans Review and
Appeal Board Act, as enacted by this Act,
and the Pension Act, as amended by this
Act, before an appeal panel of the Veterans
Review and Appeal Board established in
accordance with section 27 of the Veterans
Review and Appeal Board Act.
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| Applications
for
reconsideratio
n
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111. The Veterans Review and Appeal
Board may, on its own motion, reconsider
any decision of the Veterans Appeal Board,
the Pension Review Board or the War
Veterans Allowance Board 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 it.
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| Transfer of
property and
moneys in
trust
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112. Any property and moneys conveyed
in trust to the Canadian Pension
Commission pursuant to section 10 of the
Pension Act, as it read immediately before
the day on which section 47 of this Act
comes into force, are on that day
transferred to the Minister of Veterans
Affairs, and the Minister shall administer
the property or moneys in accordance with
section 6 of the Pension Act, as enacted by
section 47 of this Act.
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| Transfer of
appropriations
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113. (1) Any amount appropriated, for
the fiscal year in which this Act comes into
force, by an appropriation Act based on the
Estimates for that year, for defraying the
charges and expenses of the Veterans
Appeal Board or the Canadian Pension
Commission and that, on the day on which
this section comes into force, is unexpended
shall be applied, in such manner as the
Treasury Board may determine, to defray
the charges and expenses of the Department
of Veterans Affairs and the Veterans
Review and Appeal Board.
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| Transfer of
appropriations
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(2) Any amount appropriated, for the
fiscal year in which this Act comes into
force, by an appropriation Act based on the
Estimates for that year, for defraying the
charges and expenses of the Bureau of
Pensions Advocates and that, on the day on
which this section comes into force, is
unexpended shall be applied, in such
manner as the Treasury Board may
determine, to defray the charges and
expenses of the Department of Veterans
Affairs.
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CONDITIONAL PROVISIONS |
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| Section 52
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114. If section 52 of this Act has not come
into force before the day on which section 10
of An Act to amend the statute law in relation
to war veterans, chapter 43 of the Statutes of
Canada, 1990, comes into force, then
section 52 of this Act is repealed on the day
on which section 10 of that Act comes into
force or the day on which this Act is
assented to, whichever is the later.
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| Section 59
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115. (1) If section 16 of An Act to amend
the statute law in relation to war veterans,
chapter 43 of the Statutes of Canada, 1990,
comes into force on or before the day on
which section 59 of this Act comes into
force, then, on the day on which section 59
of this Act comes into force, subsection
41(1) of the Pension Act, as enacted by
section 59 of this Act, is replaced by the
following:
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| Maintenance
of dependants
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41. (1) Where it appears to the Minister that
a pensioner is not maintaining any person that
the pensioner has an obligation to maintain,
the Minister may direct that a portion of the
pension payable to the pensioner be paid to or
for the benefit of that person.
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| Section 59
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(2) If section 16 of An Act to amend the
statute law in relation to war veterans,
chapter 43 of the Statutes of Canada, 1990,
has not come into force on or before the day
on which section 59 of this Act comes into
force, then section 16 of that Act is repealed
on the day on which section 59 of this Act
comes into force.
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| Section 62
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116. If section 62 of this Act has not come
into force before the day on which section 19
of An Act to amend the statute law in relation
to war veterans, chapter 43 of the Statutes of
Canada, 1990, comes into force, then
section 62 of this Act is repealed on the day
on which section 19 of that Act comes into
force or the day on which this Act is
assented to, whichever is the later.
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| Section 83
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117. If section 83 of this Act has not come
into force on or before the day on which
section 50 of An Act to amend the statute law
in relation to war veterans, chapter 43 of the
Statutes of Canada, 1990, comes into force,
then section 83 of this Act is repealed on the
day on which section 50 of that Act comes
into force or the day on which this Act is
assented to, whichever is the later.
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| Paragraph
85(i)
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118. If paragraph 85(i) of this Act has not
come into force on or before the day on
which section 51 of An Act to amend the
statute law in relation to war veterans,
chapter 43 of the Statutes of Canada, 1990,
comes into force, then paragraph 85(i) of
this Act is repealed on the day on which
section 51 of that Act comes into force or the
day on which this Act is assented to,
whichever is the later.
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COMING INTO FORCE |
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| Coming into
force
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119. (1) Subject to subsection (2), this Act
or any of its provisions comes into force on
a day or days to be fixed by order of the
Governor in Council.
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| Coming into
force
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(2) Sections 114 to 118 come into force on
the day on which this Act is assented to.
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