Marginal note:Communication of privileged information
10 (1) Except as provided in this section or section 11, all information with respect to any individual obtained by the Minister in the course of the administration of this Act and the regulations or the carrying out of an agreement entered into under section 11 is privileged and no person shall knowingly make available or allow to be made available to any person not legally entitled thereto any such information.
Marginal note:Release of information
(2) Any information obtained by or on behalf of the Minister in the course of the administration or enforcement of this Act or the regulations or the carrying out of an agreement entered into under section 11 may be communicated
(a) to any person if it can reasonably be regarded as necessary for the purposes of the administration or enforcement of this Act, the Income Tax Act, the Canada Disability Savings Act or the Canada Education Savings Act or a program administered under an agreement entered into under section 12 of the Canada Education Savings Act; and
(b) to the Department of Employment and Social Development, to the extent that the communication 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:Release of information to members of Parliament
(2.1) Any information with respect to an individual obtained pursuant to this Act or the regulations may be made available or allowed to be made available to a member of Parliament where such information is necessary to respond to a request made by or on behalf of that individual to the member of Parliament for information in relation to that individual.
Marginal note:Evidence and production of documents
(3) Notwithstanding any other Act or law, no officer or employee of Her Majesty shall be required, in connection with any legal proceedings, to produce or to give evidence relating to any information that is privileged under subsection (1).
Marginal note:Application of subsections (1) and (3)
(4) Subsections (1) and (3) do not apply in respect of
(a) proceedings relating to the administration or enforcement of this Act; or
(b) proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information, under an Act of Parliament, where the disclosure of information is required for the purpose of complying with a subpoena or warrant issued by a court or an order made by a court.
(5) Every person who knowingly contravenes this section by communicating or allowing to be communicated to any person privileged information or by allowing any person to inspect or have access to any statement or other writing containing any such information is guilty of an offence punishable on summary conviction.
- 1992, c. 48, s. 23 (Sch., s. 10)
- 1995, c. 33, s. 47
- 1996, c. 11, ss. 50, 97, 101, c. 16, s. 61
- 1998, c. 19, s. 258
- 2004, c. 26, s. 18
- 2007, c. 35, s. 137
- 2020, c. 11, s. 8
Marginal note:Agreements with provinces for exchange of information
11 The Minister may enter into an agreement with the government of any province for the purpose of obtaining information in connection with the administration or enforcement of this Act or the regulations and of furnishing to that government, under prescribed conditions, any information obtained by or on behalf of the Minister in the course of the administration or enforcement of this Act or the regulations, if the Minister is satisfied that the information to be furnished to that government under the agreement is to be used for the purpose of the administration of a social program, income assistance program or health insurance program in the province.
- 1992, c. 48, s. 23 (Sch., s. 11)
- 1996, c. 11, s. 97
- 1998, c. 19, s. 259
Commissioners for Oaths
Marginal note:Commissioners for oaths, etc.
12 (1) Any officer or employee of Her Majesty who is authorized by the Minister for the purpose 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 and every person so authorized has, with respect to any such oath, affidavit, declaration or solemn affirmation, all the powers of a commissioner for taking affidavits.
Marginal note:Acceptance of oaths, etc.
(2) The Minister may accept, for the purposes of the administration of this Act or the regulations, any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits.
- 1992, c. 48, s. 23 (Sch., s. 12)
- 1995, c. 33, s. 48
- 2003, c. 22, s. 148
13 The Governor in Council may make regulations
(a) providing for the suspension of payment of a special allowance during any investigation respecting the eligibility of a department, agency or institution to receive the special allowance and specifying the circumstances in which payment of a special allowance, the payment of which has been suspended, may be resumed;
(b) prescribing the manner of making applications under this Act and the form and manner of giving notices under section 6, the information and evidence to be furnished in connection therewith and the procedure to be followed in dealing with and approving applications;
(c) specifying for the purposes of this Act the circumstances in which a child shall be considered to be maintained by a department, agency or institution; and
(d) prescribing any matter or thing that by this Act is to be prescribed.
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