Pension Act (R.S.C., 1985, c. P-6)

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note:Exception

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

PART VIIGeneral

Marginal note: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.

• Marginal note:Taking oaths, etc.

  (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.

• Marginal note:Acceptance of oaths, etc.

  (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.

Marginal note:Representation 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.

Marginal note: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.

• Marginal note:Non-compliance

  (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.

Marginal note: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 incurred by reason of the examination, in accordance with regulations made in relation to veterans health care under section 5 of the Department of Veterans Affairs Act.

• Marginal note:Medical fees

  (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.

Marginal note: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;

• (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.

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).‍