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Canadian Forces Superannuation Act (R.S.C., 1985, c. C-17)

Act current to 2021-03-23 and last amended on 2019-06-21. Previous Versions

PART IVGeneral (continued)

Marginal note:Remission of overpayments

 If a person has received or obtained an overpayment and 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, or

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

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.

  • 2003, c. 26, s. 36

Marginal note:Remedial action in case of error

 If the Minister is satisfied that, as a result of erroneous advice or administrative error in the administration of this Act, a person has failed to make an election or exercise an option under this Act, the Minister may take any remedial action that the Minister considers appropriate to permit that person to make that election or exercise that option, as the case may be, on any terms and conditions that the Minister may determine, including as to the time for making the election or exercising the option and any amount payable in respect of the election.

  • 2003, c. 26, s. 36

Marginal note:Request for reconsideration

  •  (1) A person who is dissatisfied with any decision made under this Act that affects their benefits, or their entitlement to benefits, under this Act may, within 90 days after the day on which the dissatisfied party was notified of the decision, or within any longer period that the Minister may either before or after the expiration of those 90 days allow, make a request to the Minister in the form and manner prescribed by regulation for a reconsideration of that decision.

  • Marginal note:Reconsideration by Minister

    (2) The Minister shall reconsider any decision referred to in subsection (1) and may confirm or vary it and shall in writing notify the person who made the request under that subsection of the Minister’s decision and of the reasons for it.

  • 2003, c. 26, s. 36

Marginal note:Power of Minister

 The Minister may use electronic means to create, communicate, make available, collect, receive, store or otherwise deal with documents or information under this Act.

  • 2008, c. 28, s. 149

Marginal note:Regulations — electronic means

  •  (1) The Governor in Council may make regulations

    • (a) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with a document or information under this Act, including

      • (i) the technology or process, and the format, to be used,

      • (ii) the place where an electronic document is to be made or sent,

      • (iii) the time and circumstances when an electronic document is considered to be sent or received and the place where it is considered to have been sent or received,

      • (iv) the technology or process to be used to make or verify an electronic signature and the manner in which the signature is to be used, and

      • (v) the circumstances in which an electronic document must be signed with an electronic signature or a secure electronic signature; and

    • (b) providing that a requirement under a provision of this Act to provide a document or information by non-electronic means is satisfied by the provision of an electronic document if the prescribed conditions, if any, have been complied with.

  • Marginal note:Personal Information Protection and Electronic Documents Act

    (2) In subsection (1), electronic document, electronic signature and secure electronic signature have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act.

  • 2008, c. 28, s. 149
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