Injured Military Members Compensation Act (S.C. 2003, c. 14)

Assented to 2003-06-19

Marginal note:Information that Minister may disclose

 Personal information that has been collected or obtained by the Minister in the administration of this Act 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 information required for the administration of this Act; and

  • (b) to any officer or employee of the Department of National Defence or any member of the Canadian Forces, to the extent that the disclosure is required for the administration of this Act.

Marginal note:Social Insurance Numbers

 If a Social Insurance Number has been used to identify the service or medical records of a member of the Canadian Forces, the Minister or other authority having custody of those records may use the Social Insurance Number for the purpose of making those records available.

Definition of “overpayment”

  •  (1) In this section, “overpayment” means a benefit, or part of a benefit, that was paid to a person and to which the person had no entitlement.

  • Marginal note:Recovery of overpayment

    (2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person, and the Minister may recover the debt

  • Marginal note:Remission of overpayment

    (3) If a person has received or obtained an overpayment, the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment if the Minister is satisfied that

    • (a) the overpayment cannot be recovered within the reasonably foreseeable future;

    • (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered;

    • (c) repayment of the overpayment would cause undue hardship to the person; or

    • (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant or a member of the Canadian Forces.

Marginal note:Immunity

 No action or other proceeding lies against any person for anything done or said in good faith in the administration of this Act.

Marginal note:Deeming

 For the purposes of section 25 of the Pension Act, the payment of benefits under this Act is deemed not to be a compensation plan established by any other legislation of a similar nature.

Marginal note:Benefit not taxed
  •  (1) A benefit paid under this Act is not subject to tax under any Act of Parliament.

  • Marginal note:Exemption from seizure

    (2) A benefit payable under this Act is exempt from seizure.

COORDINATING AMENDMENTS

Marginal note:2001, c. 26

 On the later of the coming into force of section 1 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, and paragraph 13(b) of this Act, paragraph 13(b) of this Act is replaced by the following:

Marginal note:2002, c. 8

 On the later of the coming into force of section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, and subsection 11(4) of this Act, subsection 11(4) of this Act is replaced by the following:

  • Marginal note:Decision is final

    (4) A decision of the Minister respecting a review is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court. The decision shall not be the subject of a grievance under section 29 of the National Defence Act.

Marginal note:Bill C-25

 If Bill C-25, introduced in the 2nd session of the 37th Parliament and entitled the Public Service Modernization Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 11 of the other Act and paragraph 10(3)(a) of this Act, paragraph 10(3)(a) of this Act is replaced by the following:

  • (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

Marginal note:Bill C-36

 If Bill C-36, introduced in the 2nd session of the 37th Parliament and entitled the Library and Archives of Canada Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 4 of the other Act and paragraph 13(c) of this Act, paragraph 13(c) of this Act is replaced by the following:

  • (c) 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.

 
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