Marginal note:Information that shall be made available to Minister

13. The following personal information relating to the person who sustained the injury shall, if requested by the Minister, be made available to the Minister to determine the applicant’s eligibility for a benefit:

• (a) personal information collected or obtained by the Department of Veterans Affairs in the administration of the Pension Act;

• (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; and

• (c) personal information collected or obtained by the National Archives of Canada in the administration of the National Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.

Marginal note:Information that Minister may disclose

14. 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

15. 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”

• 16. (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

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

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

• 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.