Overpayments

Definition of “overpayment”

• 88. (1) In this section, “overpayment” means any compensation, or a part of it, that was paid to a person or their estate or succession and to which the person or the estate or succession had no entitlement.

• Marginal note:Recovery of overpayment

  (2) If, through any cause, an overpayment is paid to a person or their estate or succession, the overpayment is a debt due to Her Majesty by the person or by their estate or succession, and may be recovered

  • (a) by deduction from any future payments made under this Act to the person or their estate or succession;

  • (b) in accordance with section 155 of the Financial Administration Act; or

  • (c) by proceedings in any court of competent jurisdiction.

• Marginal note:Remission of overpayment

  (3) If a person or their estate or succession has received or obtained an overpayment, the Minister may, unless that person or the executor of the estate or the liquidator of the succession 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) the repayment of the overpayment would cause undue hardship to the person or a beneficiary; or

  • (d) the overpayment is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration.

• Marginal note:Erroneous payments of benefits or allowances

  (4) Despite anything in this Act, the Minister may continue the payment of an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance or a clothing allowance, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

  • (a) the amount paid to the person to which the person was not entitled is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration and has been remitted under paragraph (3)(d);

  • (b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;

  • (c) the cancellation or reduction of the benefit or allowance would, in the opinion of the Minister, cause undue hardship to the person; and

  • (d) the benefit or allowance has been paid to the person for five years or more.

• Marginal note:Recovery of overpayments

  (5) If a person retains any amount of a member’s or a veteran’s compensation paid after the member’s or veteran’s death and to which the member or veteran was not entitled, that amount may be deducted from any compensation paid to that person.

Miscellaneous

Marginal note:Not to be assigned or charged

• 89. (1) No compensation payable under this Act shall be assigned, charged, attached, anticipated, commuted or given as security.

• Marginal note:Exemption from seizure and execution

  (2) Compensation payable under this Act is exempt from seizure and execution, either at law or in equity.

Marginal note:No interest payable

90. No interest shall be paid in respect of any compensation that is payable under this Act.

Marginal note:Immunity

91. 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 medical examination or any assessment made for the purposes of this Act by any officer or employee of the Department of Veterans Affairs or by any other person at the request of the Minister.

Definition of “action”

• 92. (1) In this section, “action” means any action or other proceeding brought by or on behalf of a member, a veteran, a member’s or a veteran’s survivor, a member’s or a veteran’s orphan or a person who was, at the time of the member’s or veteran’s death, a dependent child, against Her Majesty in which damages are claimed in respect of any injury, death, damage or loss for which compensation may be claimed under this Act.

• Marginal note:Stay of action against Crown until compensation 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 an application for compensation has been made under this Act, in respect of the same injury, death, damage or loss in respect of which the claim 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,

  • (a) in the case of an application that may be made under Part 2, a final decision to the effect that no compensation may be paid has been made under section 83 in respect of the application; and

  • (b) in the case of an application that may be made under Part 3, a decision to the effect that no compensation may be paid to or in respect of that person in respect of the same injury, death, damage or loss has been affirmed by an appeal panel of the Board in accordance with the Veterans Review and Appeal Board Act.

Marginal note:Certificates as evidence

• 93. (1) In any trial, prosecution or other proceeding, a certificate purporting to be signed by the Minister and setting out the amount of any compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of any day is evidence of the amount of the compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of that day without proof of the signature or official character of any person appearing to have signed the certificate and without further proof of the certificate.

• Marginal note:Documents as evidence

  (2) In any trial, prosecution or other proceeding, a document purporting to be an adjudication of the Minister or the Board is evidence of the facts stated in the document without proof of the signature or official character of any person appearing to have signed the document and without further proof of the document.

Regulations

Marginal note:Governor in Council

94. The Governor in Council may make regulations

• (a) respecting the time and manner of making an application for job placement assistance services, rehabilitation services, vocational assistance or compensation under this Act, and respecting the information that is required to accompany the application;

• (b) respecting the time and manner of payment of compensation under this Act;

• (c) providing for the periodic adjustment of the amounts set out in Schedules 1 to 3;

• (d) providing for the payment or the reimbursement of fees for financial advice;

• (e) respecting the provision of information or documents to the Minister by persons who are in receipt of job placement assistance services, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit or allowance until the information or documents are provided;

• (f) respecting the procedure to be followed by the Minister in suspending or cancelling rehabilitation services, vocational assistance or payment of compensation;

• (g) providing for a review of any decisions made under Part 2 and under section 83, including the grounds for review, the powers on review and the number of reviews;

• (h) respecting the time and manner of making an application for a review under sections 83 and 84;

• (i) respecting the processes and procedures to be followed by the Minister in making decisions under this Act;

• (j) prescribing any matter required or authorized by this Act to be prescribed; and

• (k) generally, for carrying out the purposes and provisions of this Act.

PART 5TRANSITIONAL PROVISIONS, RELATED AND COORDINATING AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

Marginal note:Limitation

95. Sections 12, 22, 29 to 31 and 57 do not apply in respect of a member’s or veteran’s survivor or orphan, or a person who was, at the time of the member’s death, a dependent child, if the member’s or veteran’s death occurred before the coming into force of this section.

Marginal note:Effect of Special Duty Area Pension Order

96. The Special Duty Area Pension Order continued by subsection 5(1) of An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act, chapter 12 of the Statutes of Canada, 2003, has effect as if it were made under section 69.

Marginal note:Effect of designations under Pension Act

97. The designations made under section 91.2 or 91.3 of the Pension Act, as those sections read immediately before the coming into force of sections 69 and 70 of this Act, have effect as if they were made under section 69 or 70 of this Act, respectively.

Marginal note:Adjustment of Schedule 1

• 98. (1) On the coming into force of this section, the amounts set out in column 2 of Schedule 1 to this Act shall be adjusted in accordance with sections 19 to 22 of the War Veterans Allowance Act, for the period beginning on April 1, 2005 and ending on the day on which this section comes into force, as if they were amounts set out in column II of the schedule to that Act.

• Marginal note:Adjustment of Schedule 2

  (2) On the coming into force of this section, the amount set out in column 2 of item 4 of Schedule 2 to this Act shall be adjusted in accordance with sections 74 to 77 of the Pension Act, for the period beginning on April 1, 2005 and ending on the day on which this section comes into force, as if it were an amount set out in Schedule III to that Act.

• Marginal note:Adjustment of classes 21 to 24 of Schedule 3

  (3) On the coming into force of this section, the amounts set out in column 3 of Schedule 3 to this Act in respect of classes 21 to 24 shall be adjusted in accordance with sections 74 to 77 of the Pension Act, for the period beginning on April 1, 2005 and ending on the day on which this section comes into force, as if they were amounts set out in Schedule I to that Act.