Veterans Affairs Withholds Father's Pension File from Family

The adult children of a deceased veteran sought access to their father's pension file from Veterans Affairs Canada to administer his estate. Veterans Affairs refused, citing a 20-year protection period under the Pension Act and the children's ineligibility for pension benefits. The children complained to the OPC, arguing the documents were necessary to determine if pension entitlements were fully paid and if the claim was processed in bad faith. The OPC found it unreasonable for Veterans Affairs to dictate estate information needs. The OPC concluded that under the Privacy Act's Regulations, the complainants were entitled to the file for estate administration. The complaint was upheld as well-founded, and Veterans Affairs subsequently released the file.