71.1 (1) In this Part,

“basic pension” means the monthly pension payable under Class 1 of Schedule I to a pensioner without a spouse, common-law partner or child;

“civilian” means

(a) a person described in section 9 or 16 of the Civilian War-related Benefits Act,

(b) a member of the Voluntary Aid Detachment, within the meaning assigned to that expression by section 43 of that Act,

(c) an Overseas Welfare Worker, within the meaning assigned to that expression by section 48 of that Act,

(d) a Civilian Member of Overseas Air Crew, within the meaning assigned to that expression by section 52 of that Act, or

(e) a person who during World War I was engaged in any activity equivalent to an activity engaged in by persons described in any of paragraphs (a) to (d) under the same basic conditions that applied to those persons;

“prisoner of war” means a prisoner of war of Japan or a prisoner of war of another power;

“prisoner of war of another power” means

(a) a person who during World War I or World War II

(i) served in the naval, army or air forces of Canada or Newfoundland,

(ii) served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty and who was domiciled in Canada or Newfoundland at the time of enlistment, or

(iii) was a civilian,

and who was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power,

(b) a merchant navy veteran of World War I or World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act who, during World War I or World War II, as the case may be, was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power,

(c) a person who served in the naval, army or air forces of Canada during military operations subsequent to World War I or World War II and who, while so serving, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power, or

(d) a Canadian merchant navy veteran of the Korean War within the meaning of subsection 37(7.4) of the War Veterans Allowance Act who, during the period referred to in that subsection, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power;

“prisoner of war of Japan” means

(a) a person who served in the naval, army or air forces of Canada or Newfoundland during World War II,

(b) a person who served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty during World War II and who was domiciled in Canada or Newfoundland at the time of enlistment,

(c) a merchant navy veteran of World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act, or

(d) a civilian

who, during World War II, was a prisoner of war of Japan or was engaged in evading capture by or in escaping from the Japanese.

(2) For the purposes of this Part, a period spent as a prisoner of war is the period from the time a person became a prisoner of war or became separated from their unit in enemy or enemy-occupied territory to the time the person ceased to be in enemy or enemy-occupied territory, but does not include any period spent performing the duties of a special agent.

R.S., 1985, c. 37 (3rd Supp.), s. 12; 1992, c. 24, s. 13; 1999, c. 10, s. 15; 2000, c. 12, s. 227, c. 34, s. 43(E).

71.2 (1) Subject to subsection (4), a prisoner of war is entitled, on application, to basic compensation equal to,

(a) in respect of any period spent as a prisoner of war of Japan,

(i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days,

(ii) 20% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 364 days, or

(iii) 50% of basic pension, where that person was such a prisoner for periods totalling at least 365 days; and

(b) in respect of any period spent as a prisoner of war of another power,

(i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days,

(ii) 10% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 545 days,

(iii) 15% of basic pension, where that person was such a prisoner for periods totalling at least 546 days but not more than 910 days,

(iv) 30% of basic pension, where that person was such a prisoner for periods totalling at least 911 days but not more than 1,275 days,

(v) 35% of basic pension, where that person was such a prisoner for periods totalling at least 1,276 days but not more than 1,641 days, or

(vi) 40% of basic pension, where that person was such a prisoner for periods totalling at least 1,642 days.

(2) Subject to subsection (4), a prisoner of war who has a spouse or common-law partner or any children is entitled, on application, to additional compensation in respect of the spouse or common-law partner or children at the rate set out in Schedule I corresponding to the percentage of the basic pension applicable to the prisoner of war under subsection (1).

(3) Where a prisoner of war is in receipt of additional compensation under subsection (2) in respect of a spouse or common-law partner who is living with the prisoner of war and the spouse or common-law partner dies, except where compensation is payable to the prisoner of war under subsection 34(8), the additional compensation in respect of the spouse or common-law partner shall continue to be paid for a period of one year from the end of the month in which the spouse or common-law partner died or, if the prisoner of war remarries or marries, as the case may be, during that period, until the date of remarriage or marriage.

(4) In the determination of the entitlement of a prisoner of war to compensation, the applicable provisions of Part III, excluding subsections 38(4) to (8), apply, with any modifications that the circumstances require, as if a reference in those provisions to a member of the forces or a pensioner were a reference to a prisoner of war and as if a reference to a pension or a pension for disability were a reference to compensation.

R.S., 1985, c. 37 (3rd Supp.), s. 12; 2000, c. 12, ss. 228, 236, c. 34, s. 33; 2003, c. 27, s. 8.

71.3 (1) Subject to section 71.4, the survivor or child of a deceased prisoner of war is entitled to compensation determined in accordance with the applicable provisions of Part III as if

(a) a reference therein to a member of the forces were a reference to a prisoner of war;

(b) a reference to a pension or a pension for disability were a reference to compensation; and

(c) a reference to a pensioner were a reference to a person in receipt of compensation.

(2) For the purposes of Part III, as applied to prisoners of war referred to in subsection (1), and for the purposes of section 71.4, where a prisoner of war would have been entitled to compensation under section 71.2 at the time of death had this Part been in force at that time, the prisoner of war shall be deemed to have been in receipt of compensation at the rate applicable to the prisoner of war under subsection 71.2(1).

R.S., 1985, c. 37 (3rd Supp.), s. 12; 2000, c. 12, s. 240, c. 34, s. 43(E).

71.4 Where a prisoner of war was, at the time of his death, in receipt of or eligible for a pension under Part III and compensation under this Part, the survivor or child of the prisoner of war is entitled to only one award under this Act, the amount of which shall be determined by reference to the sum of the awards paid to the prisoner of war or for which the prisoner of war was eligible.

R.S., 1985, c. 37 (3rd Supp.), s. 12; 2000, c. 12, s. 240.

71.5 Sections 64 to 66 do not apply in respect of compensation under this Part.

R.S., 1985, c. 37 (3rd Supp.), s. 12.

72. (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces who

(a) is in receipt of

(i) a pension in the amount set out in Class 1 of Schedule I, or

(ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I, and compensation, where the aggregate of that pension and compensation is equal to or greater than a pension in the amount set out in Class 1 of Schedule I, and

(b) is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension,

shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III.

(2) Without restricting the generality of paragraph (1)(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the life expectancy of the member.

(3) In determining the amount of the allowance that is to be awarded to a member of the forces who is suffering an exceptional incapacity, account may be taken of the degree to which the incapacity is lessened by treatment or the use of prostheses.

(4) Where, in the opinion of the Minister, a member of the forces who is suffering an exceptional incapacity should undergo medical treatment or use a prosthesis and that member has, in the opinion of the Minister, unreasonably refused to do so, the Minister may reduce the allowance to which the incapacity would otherwise have entitled the member under this section by not more than one-half.

(5) Where a member of the forces who has been awarded an exceptional incapacity allowance under this section dies, the exceptional incapacity allowance shall, if that member was a member to whom an additional pension was, at the time of death, payable in respect of the member’s spouse, common-law partner or child living with the member, be paid for a period of one year commencing on the first day of the month following the month of the death, to the survivor, if living, or, if not living, equally to any of the member’s children otherwise pensionable under this Act.

R.S., 1985, c. P-6, s. 72; R.S., 1985, c. 16 (1st Supp.), s. 9; 1990, c. 43, s. 23; 1995, c. 18, s. 75; 1999, c. 10, s. 16; 2000, c. 12, s. 229.

73. Where a member of the forces to whom an allowance is awarded under section 72 has requested the purchase of any thing that, in the opinion of the Minister, will be of assistance to the member in relieving the exceptional incapacity he is suffering, the Minister may pay to the member in a lump sum, in lieu of periodic payments, an amount not exceeding the allowance payable to him for one year.

R.S., 1985, c. P-6, s. 73; 1995, c. 18, s. 75.

74. The definitions in this section apply in this Part.

“basic pension” means the monthly basic pension payable under Schedule I to a Class 1 pensioner without a spouse, common-law partner or child.

“Consumer Price Index”, in relation to an adjustment year, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that adjustment year.

“first adjustment year”, in relation to a calendar year, means the period of twelve months ending on October 31 in the previous calendar year.

“second adjustment year”, in relation to a calendar year, means the period of twelve months immediately before the first adjustment year.

R.S., 1985, c. P-6, s. 74; R.S., 1985, c. 16 (1st Supp.), s. 10; 2000, c. 12, s. 230, c. 34, s. 34.

75. (1) The basic pension shall be adjusted annually in the manner prescribed by regulation of the Governor in Council, so that the basic pension payable for a month in the following calendar year is the greater of

(a) an amount equal to the product obtained by multiplying

(i) the basic pension that would have been payable for that month if no adjustment had been made under this Part with respect to that following year,

by

(ii) the ratio that the Consumer Price Index for the first adjustment year that relates to that following year bears to the Consumer Price Index for the second adjustment year that relates to that following year, and

(b) an amount equal to one twelfth of the average annual gross composite wage, as of the thirty-first day of October of the year in which the adjustment is made, of categories of unskilled members of the federal public administration designated by the Minister, minus income tax for a single person calculated in the province with the lowest combined provincial and federal income tax rate.

(2) A retroactive change in the wages or income tax rates referred to in paragraph (1)(b) does not affect an adjustment made in accordance with that paragraph.

(3) All amounts set out in Schedules I to III shall be adjusted, in the manner prescribed by regulation of the Governor in Council, at the same times and by the same percentage as the basic pension.

R.S., 1985, c. P-6, s. 75; R.S., 1985, c. 16 (1st Supp.), s. 11, c. 37 (3rd Supp.), s. 13; 1990, c. 43, s. 24; 2000, c. 34, s. 35; 2003, c. 22, s. 224(E).

76. (1) Notwithstanding anything in this Part, the amount of any pension or allowance that may be paid to a person for a month in any calendar year shall not, by reason only of this Part, be less than the amount of the pension or allowance that was or may be paid to that person for any month in the immediately preceding calendar year.

(2) Notwithstanding anything in this Part, if, in relation to a calendar year, the Consumer Price Index for the first adjustment year is lower than the Consumer Price Index for the second adjustment year,

(a) no adjustment shall be made by virtue of paragraph 75(1)(a) in respect of that calendar year; and

(b) no adjustment shall be made by virtue of that paragraph in respect of any subsequent calendar year until, in relation to a subsequent calendar year, the Consumer Price Index for the first adjustment year that relates to that subsequent calendar year is higher than the Consumer Price Index for the second adjustment year that relates to the calendar year referred to in paragraph (a), in which case the second adjustment year that relates to the calendar year referred to in paragraph (a) is deemed to be the second adjustment year that relates to that subsequent calendar year.

R.S., 1985, c. P-6, s. 76; 2000, c. 34, s. 36.

77. Where at any time the Consumer Price Index is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index for any twelve-month period that is used for the purpose of calculating the amount of any pension or allowance that may be paid.

R.S., 1985, c. P-6, s. 77; 2000, c. 34, s. 37.

78. A reference in subsection 33(2) of the Royal Canadian Mounted Police Superannuation Act to Schedules I and II of this Act shall be construed as a reference to the rates set out in those Schedules as increased by virtue of this Part.

1972, c. 12, s. 1.

79. In this Part,

“Assessment Board” means two members of the Commission designated under section 87 of the former Act;

“Commission” means the Canadian Pension Commission established by section 5 of the former Act;

“Entitlement Board” means an Entitlement Board established under section 91 of the former Act;

“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.

R.S., 1985, c. P-6, s. 79; 1995, c. 18, s. 73.

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.

(2) A survivor or child of a deceased member of the forces who, at the time of the member’s death,

(a) was living with the member, and

(b) was a person in respect of whom an additional pension was being paid to the member

need not make an application in respect of a pension referred to in paragraph 21(1)(i) or (2)(d) or subsection 34(6), (7) or (11) or 45(2), (2.1), (3), (3.01) or (3.1) or an allowance referred to in subsection 38(3) or 72(5).

R.S., 1985, c. P-6, s. 80; 1995, c. 18, s. 73; 2000, c. 12, s. 231.

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

(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.

(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.

R.S., 1985, c. P-6, s. 81; R.S., 1985, c. 16 (1st Supp.), s. 12; 1995, c. 18, s. 73.

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.

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

R.S., 1985, c. P-6, s. 82; 1995, c. 18, s. 73.

83. (1) In this section, “overpayment”, in relation to any period, means

(a) an award payment that was paid to a person in respect of that period and to which the person had no entitlement; or

(b) if an award payment was paid to a person in respect of that period that was in excess of the amount of the award payment to which the person was entitled, the amount of that excess.

(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 pursuant to this Act 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.

(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.

(4) Notwithstanding anything in this Act, the Minister may continue payment of an award, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

(a) the amount paid to the person to which the person was not entitled is the result of an administrative error, delay or oversight on the part of a public servant and has been remitted pursuant to paragraph (3)(d);

(b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;

(c) cancellation or reduction of the award would, in the opinion of the Minister, cause undue hardship to the person; and

(d) the award has been paid to the person for five years or more.

(5) Where a survivor or surviving dependant of a deceased member of the forces retains any amount of the member’s award paid after the last day of the month in which the member died, that amount may be deducted from any award granted to the survivor or surviving dependant.

R.S., 1985, c. P-6, s. 83; R.S., 1985, c. 37 (3rd Supp.), s. 14; 1995, c. 18, s. 73; 2000, c. 34, s. 38.

84. An applicant who is dissatisfied with a decision made by the Minister under this Act, except under section 83, or under subsection 34(5) of the Veterans Review and Appeal Board Act, may apply to the Veterans Review and Appeal Board for a review of the decision.

R.S., 1985, c. P-6, s. 84; 1995, c. 18, s. 73; 2000, c. 34, s. 38.

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.

(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.

R.S., 1985, c. P-6, s. 85; 1995, c. 18, s. 73.

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.

(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.

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

R.S., 1985, c. P-6, s. 86; R.S., 1985, c. 20 (3rd Supp.), s. 22; 1995, c. 18, s. 73.

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.

(2) 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.

(3) 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 in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, or

(b) a department of the government of a province

who has all the powers of a commissioner for taking affidavits.

R.S., 1985, c. P-6, s. 87; R.S., 1985, c. 16 (1st Supp.), s. 13, c. 37 (3rd Supp.), s. 15; 1990, c. 43, s. 25; 1995, c. 18, s. 73; 2000, c. 34, s. 39; 2003, c. 22, s. 188.

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.

R.S., 1985, c. P-6, s. 88; 1990, c. 43, s. 26; 1995, c. 18, s. 73.

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.

(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.

R.S., 1985, c. P-6, s. 89; 1995, c. 18, s. 73.

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 incurred by reason of the examination, in accordance with regulations made in relation to veterans health care under subsection 5(1) of the Department of Veterans Affairs Act.

(2) A qualified medical practitioner who is not employed in the Department is entitled to be paid such attendance fee as may be fixed by the Treasury Board to give evidence or for conducting a medical examination required by the Minister.

R.S., 1985, c. P-6, s. 90; 1995, c. 17, s. 73, c. 18, s. 73; 2000, c. 34, s. 95(F).

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;

(b.1) shipping companies for the purposes of subparagraph 21.1(4)(c)(iii); and

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

R.S., 1985,, c. P-6, s. 91; R.S., 1985, c. 16 (1st Supp.), s. 14; 1995, c. 18, s. 73; 1999, c. 10, s. 17.

91.1 [Repealed, 2005, c. 21, s. 108]

91.2 [Repealed, 2005, c. 21, s. 108]

91.3 [Repealed, 2005, c. 21, s. 108]

91.4 [Repealed, 2005, c. 21, s. 108]

91.5 [Repealed, 2005, c. 21, s. 108]

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

R.S., 1985, c. P-6, s. 92; 1995, c. 18, s. 73; 2000, c. 34, s. 40.

93. 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 and other enactments administered by the Minister.

R.S., 1985, c. P-6, s. 93; 1995, c. 18, s. 73; 2000, c. 34, s. 40.

94. to 96. [Repealed, 1995, c. 18, s. 73]

97. to 103. [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 23]

104. [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 24]

105. to 108. [Repealed, 1995, c. 18, s. 73]

109. (1) The persons described in subsection (2) may, for the purpose of preparing an application or deciding whether or not to prepare an application, inspect

(a) the service and medical records of a member of the forces;

(b) the records of the Department relating to an application made under this Act or under any enactment incorporating this Act by reference; and

(c) all material relating to an application referred to in paragraph (b).

(2) The persons who have the right to inspect conferred by subsection (1) are

(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, who is consulted by the applicant or by a representative of the applicant;

(c) any member of the federal public administration whose duties require the inspection of those records or that material;

(d) the member of the forces or a representative of the member; and

(e) if the member of the forces is deceased,

(i) the survivor or surviving child of the member, or a representative of that survivor or child, and

(ii) any medical adviser or other person, including any representative of a veterans’ organization incorporated by or under an Act of Parliament, who is consulted by the survivor or surviving child of the member or by a representative of that survivor or child.

R.S., 1985, c. P-6, s. 109; R.S., 1985, c. 37 (3rd Supp.), s. 16; 1995, c. 18, s. 74; 2000, c. 34, s. 41; 2003, c. 22, s. 224(E).

109.1 The following personal information relating to a member of the forces shall, if requested by the Minister, be made available to the Minister for the purpose of determining or verifying the member’s service or medical history in order to determine eligibility for an award under this Act or a benefit under any enactment incorporating this Act 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 Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.

2000, c. 34, s. 41; 2004, c. 11, s. 36.

109.2 Personal information that has been collected or obtained by the Minister in the administration of this Act, or any enactment incorporating this Act 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 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 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 Social 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.

2000, c. 34, s. 41; 2005, c. 35, s. 66.

109.3 Notwithstanding any other Act or law, no member of the federal public administration shall be required to disclose personal information that has been collected or obtained for the purpose of this Act, or any enactment incorporating this Act 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 or any enactment incorporating this Act by reference.

2000, c. 34, s. 41; 2003, c. 22, s. 224(E).

109.4 If a Social Insurance Number has been used to identify the service or medical records of a member of the forces, 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.

2000, c. 34, s. 41.

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.

R.S., 1985, c. P-6, s. 110; R.S., 1985, c. 20 (3rd Supp.), s. 27; 1995, c. 18, s. 74.

111. (1) In this section, “action” means any action or other proceeding brought by or on behalf of

(a) a member of the forces,

(b) a person to whom this Act applies by virtue of any enactment incorporating this Act by reference, or

(c) a survivor or a surviving child, parent, brother or sister of a person referred to in paragraph (a) or (b) who is deceased

against Her Majesty, or against any officer, servant or agent of Her Majesty, in which damages are claimed in respect of an injury or disease or aggravation thereof resulting in disability or death.

(2) An action that is not barred by virtue of section 9 of the Crown Liability and Proceedings Act shall, on application, be stayed until

(a) an application for a pension in respect of the same disability or death has been made and pursued in good faith by or on behalf of the person by whom, or on whose behalf, the action was brought; and

(b) a decision to the effect that no pension may be paid to or in respect of that person in respect of the same disability or death has been confirmed by an appeal panel of the Veterans Review and Appeal Board in accordance with the Veterans Review and Appeal Board Act.

R.S., 1985, c. P-6, s. 111; 2000, c. 34, s. 42.