Pension Act (R.S.C., 1985, c. P-6)

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.