Pension Act (R.S.C., 1985, c. P-6)

91.1 [Repealed, 2005, c. 21, s. 108]

91.2 [Repealed, 2005, c. 21, s. 108]

91.3 [Repealed, 2005, c. 21, s. 108]

91.4 [Repealed, 2005, c. 21, s. 108]

91.5 [Repealed, 2005, c. 21, s. 108]

Marginal note:Forms

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.

Marginal note:Combining information

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.

94 to 96 [Repealed, 1995, c. 18, s. 73]

97 to 103 [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 23]

104 [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 24]

105 to 108 [Repealed, 1995, c. 18, s. 73]

Marginal note:Right to inspect records, etc.

• 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).

• Marginal note:Persons who have right to inspect records, etc.

  (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.

Marginal note:Information that shall be made available to Minister

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 Indigenous Services 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.

Marginal note:Information that Minister may disclose

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 Employment and Social Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan;

• (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; and

• (f) to the Department of Employment and Social Development or an official of the Canada Revenue Agency, to the extent that the disclosure is required for the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19).‍

Marginal note:Disclosure in legal proceedings

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.

Marginal note:Social Insurance Numbers

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.

Marginal note: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.

Definition of action

• 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.

• Marginal note:Stay of action against Crown until pension refused

  (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.