Pension Act (R.S.C., 1985, c. P-6)

Act current to 2012-05-14 and last amended on 2011-10-03. Previous Versions

Marginal note:Review

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.
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.

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

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

PART VII

GENERAL

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.

  • 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.
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