Department of Veterans Affairs Act (R.S.C., 1985, c. V-1)

Oaths and Affidavits

Marginal note:Taking oaths, etc.

• 6 (1) 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.

  (2) 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.

Bureau of Pensions Advocates

Marginal note:Bureau continued

• 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.

• Marginal note:Qualifications of pensions advocates

  (2) The Chief Pensions Advocate and each pensions advocate shall be appointed from among persons who are members of the bar of a province.

Marginal note:Bureau’s duties

• 6.2 (1) It is the duty of the Bureau, on request,

  • (a) to assist applicants and pensioners in the preparation of applications for review or of appeals under the Veterans Review and Appeal Board Act; and

  • (b) to arrange for applicants and pensioners to be represented by a pensions advocate at hearings on review or appeals under that Act.

• Marginal note:Bureau to act as solicitor

  (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.

• Marginal note:Inconsistency with other provisions

  (3) If there is any inconsistency between subsection (2) and any other provision of this Act or any provision of any other enactment administered by the Minister, subsection (2) prevails to the extent of the inconsistency.

Information

Marginal note:Forms

6.3 Every application or other document required or permitted by the regulations, or by any enactment incorporating the regulations by reference, must be made or given in the form required by the Minister.

Marginal note:Definition of personal information

6.4 In sections 6.5 to 6.9, personal information has the same meaning as in section 3 of the Privacy Act.

Marginal note:Combining information

6.5 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, the regulations, and other enactments administered by the Minister.

Marginal note:Information that shall be made available to Minister

6.6 The following personal information relating to a person referred to in subparagraph 4(a)(i) shall, if requested by the Minister, be made available to the Minister for the purpose of determining or verifying the service or medical history of the person in order to determine eligibility for a benefit under the regulations or under any enactment incorporating the regulations 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

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

6.8 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 purposes of this Act, the regulations, or any enactment incorporating this Act or the regulations 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, the regulations, or any enactment incorporating this Act or the regulations by reference.

Marginal note:Social Insurance Numbers

6.9 If a Social Insurance Number has been used to identify the service or medical records of a person referred to in paragraph 4(a), 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.

Annual Report

Marginal note:Annual report

7 The Minister shall cause to be laid before each House of Parliament, not later than the fifth sitting day of that House after January 31 next following the end of each fiscal year, a report showing the operations of the Department for that fiscal year.