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Pension Act

Version of section 109 from 2003-01-01 to 2005-03-31:


Marginal note:Right to inspect records, etc.

  •  (1) The persons described in subsection (2) may, for the purpose of preparing an application or deciding whether or not to prepare an application, inspect

    • (a) the service and medical records of a member of the forces;

    • (b) the records of the Department relating to an application made under this Act or under any enactment incorporating this Act by reference; and

    • (c) all material relating to an application referred to in paragraph (b).

  • Marginal note:Persons who have right to inspect records, etc.

    (2) The persons who have the right to inspect conferred by subsection (1) are

    • (a) the applicant or a representative of the applicant;

    • (b) any medical adviser or other person, including any representative of a veterans’ organization incorporated by or under an Act of Parliament, who is consulted by the applicant or by a representative of the applicant;

    • (c) any member of the public service of Canada whose duties require the inspection of those records or that material;

    • (d) the member of the forces or a representative of the member; and

    • (e) if the member of the forces is deceased,

      • (i) the survivor or surviving child of the member, or a representative of that survivor or child, and

      • (ii) any medical adviser or other person, including any representative of a veterans’ organization incorporated by or under an Act of Parliament, who is consulted by the survivor or surviving child of the member or by a representative of that survivor or child.

  • R.S., 1985, c. P-6, s. 109
  • R.S., 1985, c. 37 (3rd Supp.), s. 16
  • 1995, c. 18, s. 74
  • 2000, c. 34, s. 41

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