Law:Canadian Forces Members and Veterans Re-establishment and Compensation Act

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S.c. 2005, c. 21

Assented to 2005-05-13

An Act to provide services, assistance and compensation to or in respect of Canadian Forces members and veterans and to make amendments to certain Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as theCanadian Forces Members and Veterans Re-establishment and Compensation Act.


Interpretation

Definitions

2. (1) The following definitions apply in this Act.

“aggravated by service”

« due au service »

“aggravated by service”, in respect of an injury or a disease, means an injury or a disease that has been aggravated, if the aggravation

(a) was attributable to or was incurred during special duty service; or

(b) arose out of or was directly connected with service in the Canadian Forces.

“Board”

« Tribunal »

“Board” means the Veterans Review and Appeal Board established by section 4 of theVeterans Review and Appeal Board Act.

“Canadian Forces”

« Forces canadiennes »

“Canadian Forces” means the armed forces referred to in section 14 of theNational Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland.

“common-law partner”

« conjoint de fait »

“common-law partner”, in relation to a member or a veteran, means a person who is cohabiting with the member or veteran in a conjugal relationship, having so cohabited for a period of at least one year.

“compensation”

« indemnisation »

“compensation” means any of the following benefits under this Act: an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a disability award, a death benefit, a clothing allowance or a detention benefit.

“dependent child”

« enfant à charge »

“dependent child”, in relation to a member or a veteran, means their child, or a child of their spouse or common-law partner who is ordi­narily residing in the member’s or veteran’s household, who is

(a) under the age of 18 years;

(b) under the age of 25 years and following a course of instruction approved by the Minister; or

(c) over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred

(i) before the child attained the age of 18 years, or

(ii) after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister.

“disability”

« invalidité »

“disability” means the loss or lessening of the power to will and to do any normal mental or physical act.

“medical rehabilitation”

« réadaptation médicale »

“medical rehabilitation” includes any physical or psychological treatment whose object is to stabilize and restore the basic physical and psychological functions of a person.

“member”

« militaire »

“member” means an officer or a non-commissioned member of the Canadian Forces, as those terms are defined in subsection 2(1) of theNational Defence Act.

“Minister”

« ministre »

“Minister” means the Minister of Veterans Affairs.

“orphan”

« orphelin »

“orphan”, in relation to a deceased member or a deceased veteran, means their child, or a child of their survivor who at the time of the member’s or veteran’s death was ordinarily residing in the member’s or veteran’s household, who is

(a) under the age of 18 years;

(b) under the age of 25 years and following a course of instruction approved by the Minister; or

(c) over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred

(i) before the child attained the age of 18 years, or

(ii) after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister.

“personal information”

« renseignements personnels »

“personal information” has the same meaning as in section 3 of thePrivacy Act.

“prescribed”

Version anglaise seulement“prescribed” means prescribed by regulation.

“psycho-social rehabilitation”

« réadaptation psychosociale »

“psycho-social rehabilitation” includes any psychological or social intervention whose object is to restore a person to a state of independent functioning and to facilitate their social adjustment.

“rehabilitation services”

« services de réadaptation »

“rehabilitation services” means all services related to the medical rehabilitation, psycho-social rehabilitation and vocational rehabilitation of a person.

“service-related injury or disease”

« liée au service »

“service-related injury or disease” means an injury or a disease that

(a) was attributable to or was incurred during special duty service; or

(b) arose out of or was directly connected with service in the Canadian Forces.

“special duty service”

« service spécial »

“special duty service” means service as a member in a special duty area designated under section69, or as a member as part of a special duty operation designated under section70, during the period in which the designation is in effect. It includes any of the following that occurred during that period but not earlier than September 11, 2001:

(a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place;

(b) travel to and from the area, the operation or the location of training referred to in paragraph (a); and

(c) authorized leave of absence with pay during that service, wherever that leave is taken.

“survivor”

« survivant »

“survivor”, in relation to a deceased member or a deceased veteran, means

(a) their spouse who was, at the time of the member’s or veteran’s death, residing with the member or veteran; or

(b) the person who was, at the time of the member’s or veteran’s death, the member’s or veteran’s common-law partner.

“veteran”

« vétéran »

“veteran” means a former member.

“vocational assistance”

« assistance professionnelle »

“vocational assistance” includes employability assessments, career counselling, training, job-search assistance and job-finding assistance, whose object is to help a person to find appropriate employment.

“vocational rehabilitation”

« réadaptation professionnelle »

“vocational rehabilitation” includes any process designed to identify and achieve an appropriate occupational goal for a person with a physical or a mental health problem, given their state of health and the extent of their education, skills and experience.

Couples who are living apart

(2) For the purposes of this Act, a spouse is deemed to be residing with a member or a veteran, and a person does not cease to be a member’s or a veteran’s common-law partner, if it is established that they are living apart by reason only of

(a) one or both of them having to reside in a health care facility;

(b) circumstances of a temporary nature; or

(c) other circumstances not within the control of the member or veteran or the spouse or common-law partner.

References to spouses

(3) A reference in this Act to a member’s or a veteran’s spouse is a reference to a member’s or a veteran’s spouse who is residing with the member or veteran.

Recent marriage

(4) This Act does not apply to a member’s or a veteran’s surviving spouse if the member or veteran dies within one year after the date of the marriage, unless

(a) in the opinion of the Minister, the member or veteran was at the time of that marriage in such a condition of health as to justify their having an expectation of life of at least one year; or

(b) at the time of the member’s or veteran’s death, the spouse was cohabiting with the member or veteran in a conjugal relationship, having so cohabited for a period of at least one year.

Conduct of member or veteran

(5) This Act does not apply in respect of a member’s or a veteran’s physical or mental health problem, disability or death if it is caused by a wilful self-inflicted injury or improper conduct on the member’s or veteran’s part, including wilful disobedience of an order and vicious or criminal conduct.


Part 1. Job Placement

Eligibility — members and veterans

3. (1) The Minister may, on application, provide job placement assistance services to a member or a veteran who meets the prescribed eligibility requirements if the Minister is satisfied that the member or veteran requires assistance in making the transition to the civilian labour force.

Assistance to spouses, common-law partners and survivors

(2) The Minister may, on application, provide job placement assistance services to a member’s or a veteran’s spouse, common-law partner or survivor if the spouse, common-law partner or survivor meets the prescribed eligi­bility requirements.

Assessment of needs

4. (1) The Minister shall, on approving an application made under section, assess the needs of the member, veteran, spouse, common-law partner or survivor with respect to career counselling, job-search training and job-finding assistance.

Job placement assistance plan

(2) The Minister may develop and implement a job placement assistance plan to address the needs that are identified in the assessment.

Development of plan

(3) In developing a job placement assistance plan, the Minister shall have regard to any prescribed principles.

Refusal to provide services

5. The Minister may refuse to provide job placement assistance services to a person under this Part to the extent that the person is entitled to receive those types of services from another organization or body.


Part 2. Rehabilitation Services, Vocational Assistance And Financial Benefits

General

Non-application of this Part

6. This Part does not apply in respect of a physical or a mental health problem that resulted primarily from

(a) service in the Canadian Forces on or before April 1, 1947; or

(b) service in the Korean War, as that term is defined in subsection 3(1) of thePension Act.

Consequential injury or disease

7. For the purposes of this Part, an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

(a) a service-related injury or disease;

(b) a non-service related injury or disease that was aggravated by service;

(c) an injury or a disease that is itself the consequence of an injury or a disease described in paragraph (a) or (b); or

(d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).


Rehabilitation Services and Vocational Assistance

Eligibility — rehabilitation need

8. (1) The Minister may, on application, provide rehabilitation services to a veteran who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

Factors that the Minister may consider

(2) In deciding whether a veteran has a physical or a mental health problem that is creating a barrier to re-establishment in civilian life, and whether that health problem resulted primarily from service in the Canadian Forces, the Minister may consider any factors that the Minister considers relevant, including

(a) medical reports or records that document the veteran’s physical or mental health problem;

(b) documentation that indicates the nature of the veteran’s service in the Canadian Forces;

(c) documentation provided by the veteran as to the circumstances of their health problem; and

(d) research that establishes the prevalence of specific health problems in military populations.

Presumption in case of disability

(3) A veteran’s physical or mental health problem is deemed to have resulted primarily from service in the Canadian Forces if, as a result of the health problem, the veteran suffers from a disability for which a disability award has been paid under section45 or a pension has been granted under thePension Act.

Eligibility — medical release

9. (1) The Minister may, on application, provide rehabilitation services or vocational assistance to a veteran who has been released on medical grounds in accordance with chapter 15 of theQueen’s Regulations and Orders for the Canadian Forces.

Refusal to consider application

(2) The Minister shall refuse to consider an application that is made more than 120 days after the day on which the veteran was released, unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances.

Exception

(3) Subsection (1) does not apply in respect of a veteran who was within a prescribed class at the time that the physical or mental health problem leading to the release manifested itself.

Assessment of needs

10. (1) The Minister shall, on approving an application made under section8 or, assess the veteran’s medical, psycho-social and vocational rehabilitation needs. In the case of a veteran who has applied under section 9, if no rehabilitation needs are identified, the Minister shall assess the veteran’s vocational assistance needs.

Rehabilitation plan

(2) The Minister may develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.

Limitation

(3) The only physical and mental health problems that may be addressed in the reha­bilitation plan are

(a) in the case of a veteran who was released on medical grounds, the physical or mental health problem for which the veteran was released; or

(b) in any other case, a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

Vocational assistance plan

(4) The Minister may develop and implement a vocational assistance plan to address the vocational assistance needs that are identified in the assessment.

Development of plan

(5) In developing a rehabilitation plan or a vocational assistance plan, the Minister shall

(a) have regard to any prescribed principles and factors; and

(b) be guided by current research in the fields of rehabilitation and vocational assistance.

Eligibility — spouses and common-law partners

11. (1) The Minister may, on application, provide rehabilitation services and vocational assistance to a veteran’s spouse or common-law partner if the Minister

(a) has approved an application for rehabilitation services made by or on behalf of the veteran; and

(b) has determined, based on an assessment of the veteran under subsection0(1), that the veteran would not benefit from vocational rehabilitation as a result of being totally and permanently incapacitated by the physical or mental health problem in respect of which the rehabilitation services were approved.

Continuation

(2) If a veteran dies after an application made under subsection (1) has been approved, the survivor continues to be eligible to receive rehabilitation services and vocational assistance under that subsection.

Eligibility — survivors

12. The Minister may, on application, provide rehabilitation services or vocational as­sistance to a member’s or a veteran’s survivor, if the member or veteran dies as a result of

(a) a service-related injury or disease; or

(b) a non-service-related injury or disease that was aggravated by service.

Assessment of needs

13. (1) The Minister shall, on approving an application made under subsection11(1) or section2, assess the vocational assistance needs of the spouse, common-law partner or survivor and, if such needs are identified, shall assess the person’s medical, psycho-social and vocational rehabilitation needs.

Vocational assistance plan

(2) The Minister may, for the purpose of restoring the earnings capacity of the spouse, common-law partner or survivor to a level that the Minister determines to be reasonable, given the person’s education, skills and experience, develop and implement a vocational assistance plan to address the vocational assistance needs that are identified in the assessment.

Rehabilitation plan

(3) The Minister may, to the extent necessary to achieve the purpose set out in subsection (2), develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.

Development of plan

(4) In developing a rehabilitation plan or a vocational assistance plan, the Minister shall

(a) have regard to any prescribed principles and factors; and

(b) be guided by current research in the fields of rehabilitation and vocational assistance.

Duration of plan

14. (1) The duration of a rehabilitation plan or a vocational assistance plan shall be fixed by the Minister.

Evaluation of plan

(2) The Minister may evaluate a rehabilitation plan or a vocational assistance plan at any time, and may modify the plan or change its duration.

Examination or assessment

15. (1) The Minister may, when evaluating a rehabilitation plan, require the person for whom the plan has been developed to undergo a medical examination or an assessment by a person specified by the Minister.

Assessment

(2) The Minister may, when evaluating a vocational assistance plan, require a person for whom the plan has been developed to undergo an assessment by a person specified by the Minister.

Non-compliance

(3) If a person who is required to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the rehabilitation plan or the vocational assistance plan.

Refusal to provide services or assistance

16. (1) The Minister may refuse to provide rehabilitation services or vocational assistance to a person to the extent they are available to the person as an insured service under a provincial health care system, a provincial or federal workers’ compensation plan or any other plan that may be prescribed.

Refusal to provide services or assistance

(2) The Minister may refuse to provide rehabilitation services or vocational assistance, in whole or in part, to a person if those services or that assistance has already been provided or if the Minister considers that the refusal is reasonable in the circumstances.

Cancellation

17. The Minister may cancel a rehabilitation plan or a vocational assistance plan in the prescribed circumstances.


Earnings Loss Benefit

Eligibility — veterans

18. (1) The Minister may, on application, pay an earnings loss benefit to a veteran if the Minister determines, as a result of an assessment made in accordance with subsection0(1), that a rehabilitation plan or a vocational assistance plan should be developed for the veteran.

When benefit payable

(2) The earnings loss benefit begins to be payable on the day on which the Minister determines that a rehabilitation plan or a vocational assistance plan should be developed.

Duration of benefit

(3) Subject to subsection (4) and section1, the earnings loss benefit is payable to a veteran until the earlier of

(a) the day on which the veteran completes the rehabilitation plan or the vocational assistance plan,

(b) the day on which the rehabilitation plan or the vocational assistance plan is cancelled, and

(c) the day on which the veteran attains the age of 65 years.

Continuation of benefit

(4) If the Minister determines that the veteran is unable to engage in suitable gainful employment as a result of being totally and permanently incapacitated by the physical or mental health problem for which the rehabilitation plan was developed, the earnings loss benefit continues to be payable to the veteran after the plan has been completed or cancelled until the earlier of

(a) the day on which the Minister determines that the veteran is no longer unable to engage in suitable gainful employment as a result of being totally and permanently incapacitated by that health problem, and

(b) the day on which the veteran attains the age of 65 years.

Amount of benefit

19. (1) Subject to the regulations, the monthly amount of the earnings loss benefit under section8 that is payable to a veteran shall be determined in accordance with the formula

A - B

where

A�is 75% of the veteran’s imputed income for a month; andB�is an amount that is payable to the veteran for a month from prescribed sources.Regulations

(2) The Governor in Council may make regulations

(a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of veterans;

(b) prescribing a minimum or a maximum amount of imputed income in respect of a class of veterans;

(c) providing for the periodic adjustment of the value of A and B in subsection (1); and

(d) respecting the determination, for the purpose of the value of B in subsection (1), of an amount payable to a veteran for a month.

Examination or assessment

20. (1) The Minister may, for the purpose of determining whether a veteran may continue to receive an earnings loss benefit, require a veteran who, as a result of a determination of total and permanent incapacity, is in receipt of an earnings loss benefit under section8 — or would, but for their level of income, be in receipt of it — to undergo a medical examination or an assessment by a person specified by the Minister.

Non-compliance

(2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the earnings loss benefit.

Cancellation

21. The Minister may cancel an earnings loss benefit that is payable under section8 in the prescribed circumstances.

Eligibility — survivors and orphans

22. (1) The Minister may, on application, pay, in accordance with section3, an earnings loss benefit to a member’s or a veteran’s survivor or orphan, if the member or veteran dies as the result of

(a) a service-related injury or disease; or

(b) a non-service-related injury or disease that was aggravated by service.

When benefit payable

(2) The earnings loss benefit begins to be payable on the later of

(a) the day after the day of the member’s or veteran’s death, and

(b) the day that is one year prior to the day on which the application for the benefit is approved in respect of the survivor or orphan, as the case may be.

Duration of benefit

(3) The earnings loss benefit ceases to be payable on the day on which the member or veteran, if alive, would have attained the age of 65 years.

Amount of benefit

23. (1) Subject to the regulations, the monthly amount of an earnings loss benefit under section2 that is payable in respect of a member or a veteran is 75% of the member’s or veteran’s imputed income for a month.

Division of benefit

(2) If an earnings loss benefit is payable to a survivor or an orphan, the following rules apply:

(a) if there is a survivor but no orphans, the survivor is entitled to 100% of the earnings loss benefit;

(b) if there is a survivor and one or more orphans,

(i) the survivor is entitled to 60% of the earnings loss benefit, and

(ii) the orphans are entitled, as a class, to 40% of the earnings loss benefit, divided equally among them; and

(c) if there are one or more orphans but no survivor, each orphan is entitled to the lesser of

(i) 40% of the earnings loss benefit, and

(ii) the amount obtained by dividing the earnings loss benefit by the number of those orphans.

Deductions for survivor

(3) Subject to the regulations, the monthly amount of the earnings loss benefit that is payable to a survivor shall be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.

Regulations

(4) The Governor in Council may make regulations

(a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of members or veterans;

(b) prescribing a minimum or a maximum amount of imputed income in respect of a class of members or veterans;

(c) providing for the periodic adjustment of an earnings loss benefit calculated in accord­ance with subsection (1) and an amount determined for the purposes of subsection (3); and

(d) respecting the determination, for the purpose of subsection (3), of an amount payable to a survivor for a month.

Benefit to be pro rata

24. If an earnings loss benefit is payable for only part of a month, the benefit shall be paid pro rata, based on a 30-day month.


Supplementary Retirement Benefit

Eligibility — veterans

25. (1) The Minister may, on application, pay a supplementary retirement benefit to a veteran who has been in receipt of an earnings loss benefit in accordance with subsection8(4) — or would, but for their level of income, have been in receipt of it — if the veteran is no longer entitled to that benefit.

Eligibility — survivors

(2) The Minister may, on application, pay a supplementary retirement benefit to a veteran’s survivor if

(a) the veteran, at the time of their death, was in receipt of an earnings loss benefit in accordance with subsection8(4) or would, but for their level of income, have been in receipt of it; and

(b) the survivor is not eligible to receive an earnings loss benefit under section2.

Eligibility — survivors

(3) The Minister may, on application, pay a supplementary retirement benefit to a member’s or a veteran’s survivor if the survivor has been in receipt of an earnings loss benefit under section2 but is no longer entitled to that benefit.

Amount of benefit

26. The Governor in Council may make regulations respecting the amount of the supplementary retirement benefit payable in respect of any class or classes of veterans or survivors.


Canadian Forces Income Support Benefit

Eligibility — veterans

27. The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran who has been in receipt of an earnings loss benefit under section8 — or would, but for their level of income, have been in receipt of it — if

(a) the veteran is no longer entitled to the earnings loss benefit;

(b) the veteran meets the prescribed employment-related criteria; and

(c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the veteran would result in an amount greater than zero.

Eligibility — survivors

28. The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran’s survivor if the veteran was in receipt of that benefit at the time of their death and if

(a) the veteran dies as the result of an injury or a disease other than an injury or a disease described in paragraph9(a);

(b) the survivor meets the prescribed employment-related criteria; and

(c) in the month in which the application is made, a calculation made under subsection 37(1) in respect of the survivor would result in an amount greater than zero.

Eligibility — survivors

29. The Minister may, on application, pay a Canadian Forces income support benefit to a member’s or a veteran’s survivor if

(a) the member or veteran dies as a result of

(i) a service-related injury or disease, or

(ii) a non-service-related injury or disease that was aggravated by service; and

(b) on the day on which the application is approved, the member or veteran, if alive, would be at least 65 years of age.

Eligibility — orphans

30. The Minister may, on application, pay a Canadian Forces income support benefit to a veteran’s orphan if

(a) the veteran dies as a result of an injury or a disease other than an injury or a disease described in paragraph 31(a); and

(b) the veteran was in receipt of that benefit at the time of their death.

Eligibility — orphans

31. The Minister may, on application, pay a Canadian Forces income support benefit to a member’s or a veteran’s orphan if

(a) the member or veteran dies as a result of

(i) a service-related injury or disease, or

(ii) a non-service-related injury or disease that was aggravated by service; and

(b) on the day on which the application is approved, the member or veteran, if alive, would be at least 65 years of age.

When benefit payable

32. The Canadian Forces income support benefit under section29,30 or1 begins to be payable on the later of

(a) the first day of the month after the month in which the member or veteran died, and

(b) the first day of the month that is one year prior to the month in which the application for the benefit is approved in respect of the survivor or orphan, as the case may be.

Restrictions on residence

33. A Canadian Forces income support benefit may be paid to a person only if the person resides in Canada.

Payment for entire month

34. If, in a month, a person who is in receipt of a Canadian Forces income support benefit dies or ceases to reside in Canada, the benefit shall be paid as if the person were entitled to the benefit for that entire month.

Requirement to participate

35. (1) A Canadian Forces income support benefit under section27 or8 is only payable for each month that the veteran or survivor participates — to the extent required to meet the objectives of the program — in a job placement program that is approved by the Minister.

Exception

(2) Subsection (1) does not apply to a veteran or a survivor who has attained the age of 65 years.

Exemption

(3) The Minister may exempt a veteran or a survivor from the application of subsection (1), subject to any terms and conditions that the Minister considers appropriate, and the Minister may cancel the exemption.

When benefit is payable

(4) Subject to subsection (5), the Canadian Forces income support benefit under section27 or8 begins to be payable on the earlier of

(a) the first day of the month in which the veteran or the survivor starts a job placement program referred to in subsection (1), and

(b) the first day of the month in which the Minister grants the veteran or survivor an exemption under subsection (3).

Exception — applicant over 65 years of age

(5) If an application for a Canadian Forces income support benefit under section27 or8 is approved in respect of a veteran or a survivor who has attained the age of 65 years, the benefit begins to be payable on the first day of the month in which the application is approved.

Duration of benefit

(6) Subject to section36, a Canadian Forces income support benefit under section27 or8 ceases to be payable on the earlier of

(a) the last day of the month in which the veteran or survivor ceases to participate in a job placement program referred to in subsection (1), unless the veteran or survivor is exempt from the application of that subsection,

(b) the last day of the month in which the veteran or survivor no longer meets the prescribed employment-related criteria, and

(c) the last day of the month in which a calculation made under subsection 37(1) in respect of the veteran or survivor would result in an amount equal to or less than zero.

Suspension or cancellation

36. The Minister may suspend the payment of a Canadian Forces income support benefit or cancel the benefit, in the prescribed circumstances.

Amount of benefit

37. (1) Subject to subsection (2), the amount of the Canadian Forces income support benefit payable under sections27 to1 for each month in a current payment period shall be determined by the formula

A - B - C

where

A�is(a) in the case of a veteran, the sum of the applicable amounts set out in column 2 of items 1 to 3 of Schedule 1,

(b) in the case of a survivor, the amount set out in column 2 of item 4 of Schedule 1, and

(c) in the case of an orphan, the amount set out in column 2 of item 5 of Schedule 1;

B�is(a) in the case of a veteran, 1/12 of the income of the veteran and the veteran’s spouse or common-law partner, if any, for the base calendar year,

(b) in the case of a survivor, 1/12 of the survivor’s income for the base calendar year, and

(c) in the case of an orphan, 1/12 of the orphan’s income for the base calendar year; and

C�is(a) in the case of a veteran, the total of the current monthly benefits payable to the veteran and the veteran’s spouse or common-law partner, if any, from prescribed sources,

(b) in the case of a survivor, the total of the current monthly benefits payable to the survivor from prescribed sources, and

(c) in the case of an orphan, the total of the current monthly benefits payable to the orphan from prescribed sources.

Veteran couples

(2) If the spouses or common-law partners are both veterans to whom a Canadian Forces income support benefit is payable, the following rules apply in respect of each veteran:

(a) the value of A in subsection (1) is the sum of

(i) the amount set out in column 2 of item 1 of Schedule 1, and

(ii) in respect of each dependent child of the veteran, and each dependent child of the veteran’s spouse or common-law partner who is not a dependent child of the veteran, 1/2 of the amount set out in column 2 of item 3 of Schedule 1;

(b) the value of B in subsection (1) is 1/24 of the income of the veteran and the veteran’s spouse or common-law partner for the base calendar year; and

(c) the value of C in subsection (1) is 1/2 of the total of the current monthly benefits payable to the veteran and the veteran’s spouse or common-law partner from prescribed sources.


Permanent Impairment Allowance

Eligibility — veterans

38. (1) The Minister may, on application, pay a permanent impairment allowance to a veteran who has one or more physical or mental health problems that are creating a permanent and severe impairment if the veteran has, in respect of each of those health problems,

(a) had an application for rehabilitation services approved under this Part; and

(b) received a disability award under Part 3.

Amount of allowance

(2) The Minister shall determine the amount of the permanent impairment allowance that may be paid to the veteran in a year. The minimum permanent impairment allowance shall be the amount set out in column 2 of item 1 of Schedule 2, and the maximum permanent impairment allowance shall be the amount set out in column 2 of item 2 of that Schedule.

When allowance payable

39. The permanent impairment allowance under section8 begins to be payable on the later of

(a) the day on which the application for the allowance was made, and

(b) the day that is one year prior to the day on which the application for the allowance is approved.

Examination or assessment

40. (1) The Minister may, for the purpose of determining whether a veteran may continue to receive a permanent impairment allowance, require the veteran to undergo a medical examination or an assessment by a person specified by the Minister.

Non-compliance

(2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the permanent impairment allowance.


Regulations

Governor in Council

41. The Governor in Council may make regulations

(a) providing for the notification of the Minister, by persons who are in receipt of an earnings loss benefit or a Canadian Forces income support benefit, of any changes in income or benefits, or in an amount payable for a month from a prescribed source for the purposes of subsection 19(1) or 23(3), requiring the provision of statements of estimated income, benefits or amounts payable and providing for the effect of those changes on the calculation of the amount of the compensation payable;

(b) respecting the determination of what constitutes suitable gainful employment, a barrier to re-establishment in civilian life and total and permanent incapacity;

(c) defining “base calendar year”, “income” and “payment period” for the purposes of section7;

(d) providing for the increase of any amount set out in column 2 of Schedule 1 in case of any increase in the amount of a pension or a supplement, as those terms are defined in section 2 of theOld Age Security Act, as a result of amendments to that Act;

(e) respecting the payment of expenses arising out of a person’s participation in a rehabilitation plan or a vocational assistance plan;

(f) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of sections33 and4; and

(g) respecting, for the purposes of section8, what constitutes a permanent and severe impairment, the manner of determining whether a veteran has a permanent and severe impairment and the extent of the permanent and severe impairment.


Part 3. Disability, Death And Detention

General

Non-application of this Part

42. This Part does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under thePension Act.

Benefit of doubt

43. In making a decision under this Part or under section84, the Minister and any person designated under section7 shall

(a) draw from the circumstances of the case, and any evidence presented to the Minister or person, every reasonable inference in favour of an applicant under this Part or under section4;

(b) accept any uncontradicted evidence presented to the Minister or the person, by the applicant, that the Minister or person considers to be credible in the circumstances; and

(c) resolve in favour of the applicant any doubt, in the weighing of the evidence, as to whether the applicant has established a case.

Representation of applicant

44. In all proceedings under this Part, an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.


Disability Awards

Eligibility

45. (1) The Minister may, on application, pay a disability award to a member or a veteran who establishes that they are suffering from a disability resulting from

(a) a service-related injury or disease; or

(b) a non-service-related injury or disease that was aggravated by service.

Compensable fraction

(2) A disability award may be paid under paragraph (1)(b) only in respect of that fraction of a disability, measured in fifths, that represents the extent to which the injury or disease was aggravated by service.

Consequential injury or disease

46. (1) An injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

(a) a service-related injury or disease;

(b) a non-service-related injury or disease that was aggravated by service;

(c) an injury or a disease that is itself a consequence of an injury or a disease described in paragraph (a) or (b); or

(d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).

Compensable fraction

(2) If a disability results from an injury or a disease that is deemed to be a service-related injury or disease, a disability award may be paid under subsection 45(1) only in respect of that fraction of the disability, measured in fifths, that represents the extent to which that injury or disease is a consequence of another injury or disease that is, or is deemed to be, a service-related injury or disease.

Award for loss of paired organ or limb

47. (1) The Minister may, on application, pay a disability award to a member or a veteran who has received a disability award under section5 on account of the loss of, or the permanent loss of the use of, one of their paired organs or limbs if the member or veteran suffers, either before or after that loss or loss of use, the loss of, the permanent loss of the use of or the impairment of the other paired organ or limb from any cause whatever.

Extent of disability

(2) The member’s or veteran’s extent of disability in respect of that other paired organ or limb shall be considered to be 50% of the extent of disability at which the member or veteran would have been assessed at if the loss of, the permanent loss of the use of or the impairment of that paired organ or limb had occurred in circumstances in which a disability award would have been payable under section5.

Increase in extent of disability

48. (1) If a member or a veteran to whom a disability award has been paid under section 45 or 47 establishes that their extent of disability has subsequently increased, the Minister may, on application, pay a disability award to the member or veteran that corresponds to the extent of that increase.

Compensable fraction

(2) In the case of a non-service related injury or disease that was aggravated by service, a disability award may be paid under subsection (1) only in respect of that fraction of the disability that has been determined in accord­ance with subsection5(2).

Compensable fraction

(3) In the case of an injury or a disease that is a consequence of another injury or disease, the disability award may be paid under subsection (1) only in respect of that fraction of the disability that has been determined in accord­ance with subsection6(2).

Death of member or veteran

49. If a member or a veteran dies as a result of an injury or a disease for which a disability award has been paid or would be payable under section5 and their death occurs more than 30 days after the day on which the injury occurred or the disease was contracted or the injury or disease was aggravated, the member or veteran is deemed to have been assessed, at the time of their death, as having an extent of disability at that time of 100%.

Death of member or veteran — no application made

50. (1) If a member or a veteran who would have been entitled to a disability award under section45,47 or48 dies before they have applied for the award, the Minister may, on application, pay, in accordance with section 55, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, the disability award to which the member or veteran, had they lived, would have been entitled under section45,47 or8, as the case may be.

Death of member or veteran — application pending

(2) If a member or a veteran who has made an application for a disability award under section45,47 or48 dies before the Minister has made a decision in respect of the application, the Minister may pay, in accordance with section 55, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, the disability award to which the member or veteran, had they lived, would have been entitled under section45,47 or8, as the case may be.

Rights of survivors and children

(3) The survivor or child has, in respect of the application referred to in subsection (2), all of the rights that the member or veteran would have had had they lived.

How extent of disability assessed

51. (1) The assessment of the extent of a disability shall be based on the instructions and a table of disabilities to be made by the Minister for the guidance of persons making those assessments.

Statutory Instruments Act does not apply

(2) The instructions and table of disabilities are exempt from the application of sections 3, 5 and 11 of theStatutory Instruments Act.

Amount of award

52. (1) Subject to section4, the amount of a disability award payable in respect of a member or a veteran shall be determined by the formula

A - B

where

A�is the amount set out in column 3 of Schedule 3 that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments under this Act; andB�is the amount set out in column 3 of Schedule 3 in respect of the extent of disability set out in column 2 of that Schedule that corresponds to the difference, if any, between(a) the member’s or veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments or deemed disability assessments under this Act,

and

(b) the member’s or veteran’s extent of disability for which the disability award is to be paid.

Fraction

(2) For the purpose of determining the extent of disability in subsection (1), if a disability award may be paid only in respect of a fraction of a disability in accordance with subsection 45(2), 46(2) or 48(2) or (3), then only that fraction of the disability shall be taken into account.

Reduction of award

(3) If an amount is paid or payable to a person from a prescribed source in respect of a death or disability for which a disability award is payable, the Minister may reduce the disability award payable to the person by a prescribed amount.

When award payable

53. A disability award under section5, 47 or 48 becomes payable whenever, in the opinion of the Minister, the disability has stabilized.

Maximum disability assessment

54. (1) For the purposes of section45, 47 or8, if a member’s or a veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments, exceeds 100%, no disability award shall be granted in respect of any percentage points exceeding 100%.

Assessments underPension Act

(2) Any disability assessments under thePension Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.

Compensable fraction

(3) For the purpose of determining the extent of disability, if a disability award may be paid only in respect of a fraction of a disability in accordance with subsection45(2),46(2) or48(2) or (3), or if only a fraction of a disability is pensionable under thePension Act, then only that fraction of the disability shall be taken into account.

Division of award

55. If a disability award is payable to a survivor or a person who was, at the time of a member’s or veteran’s death, a dependent child, the following rules apply:

(a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the disability award;

(b) if there is a survivor and one or more persons who were dependent children,

(i) the survivor is entitled to 50% of the disability award, and

(ii) the persons who were dependent children are entitled, as a class, to 50% of the disability award, divided equally among them; and

(c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the disability award by the number of those dependent children.

No award — decision underPension Act

56. (1) No disability award shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, has been the subject of an application for a pension under thePension Act and the Minister has rendered a decision in respect of the application.

No award — inseparable for purpose of assessment

(2) No disability award shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the Minister determines that the injury or disease, or the aggravation, is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted under thePension Act.


Death Benefit

Eligibility — service-related injury or disease

57. (1) The Minister may, on application, pay, in accordance with section9, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

(a) the member dies as a result of a service-related injury or disease; and

(b) the member’s death occurs within 30 days after the day on which the injury occurred or the disease was contracted.

Eligibility — injury or disease aggravated by service

(2) The Minister may, on application, pay, in accordance with section9, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

(a) the member dies as a result of a non-service-related injury or disease that was aggravated by service; and

(b) the member’s death occurs within 30 days after the day on which the injury or disease was aggravated.

Amount of benefit

58. (1) The amount of the death benefit payable in respect of a member shall be the amount set out in column 2 of item 3 of Schedule 2.

Reduction of benefit

(2) If an amount is paid or payable to a person from a prescribed source in respect of a death for which a death benefit is payable, the Minister may reduce the death benefit payable to the person by a prescribed amount.

Division of benefit

59. If a death benefit is payable to a survivor or a person who was, at the time of a member’s death, a dependent child, the following rules apply:

(a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the death benefit;

(b) if there is a survivor and one or more persons who were dependent children,

(i) the survivor is entitled to 50% of the death benefit, and

(ii) the persons who were dependent children are entitled, as a class, to 50% of the death benefit, divided equally among them; and

(c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the death benefit by the number of those dependent children.


Clothing Allowance

Allowance — amputation

60. (1) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of their leg at or above a Symes’ amputation a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

Allowance — amputation

(2) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of the arm at or above the wrist a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

Allowance — two amputations

(3) If a member or a veteran has received a disability award on account of two amputations of a kind described in subsection (1) or (2), the Minister may, on application, in addition to the allowances that may be payable under that subsection, pay a clothing allowance in respect of the second amputation equal to 50% of the allowance payable in respect of that amputation.

Allowance — other disabilities

(4) If a member or a veteran has received a disability award for a disability other than a disability described in subsection (1) or (2) that causes wear and tear of clothing, the Minister may, on application, pay a clothing allowance.

Specially made wearing apparel

(5) If a member or a veteran has received a disability award for a disability that requires the wearing of specially made apparel, the Minister may, on application, in addition to any other allowance that may be payable under this section, pay a clothing allowance on account of the purchase of the apparel.

Amount of allowance

61. Subject to subsection0(3), the Minister shall determine the amount of each clothing allowance that may be paid to a member or a veteran in a year, which shall not be greater than the amount set out in column 2 of item 4 of Schedule 2.

When allowance payable

62. The clothing allowance under subsections0(1) to (5) begins to be payable on the later of

(a) the day on which the application for the allowance was made, and

(b) the day that is one year prior to the day on which the payment of the allowance is approved.


Regulations

Governor in Council

63. The Governor in Council may make regulations respecting the rules of evidence and evidentiary presumptions relating to applications for a disability award or a death benefit under this Part.


Detention Benefit

Eligibility

64. (1) Subject to subsection (5), the Minister may, on application, pay a detention benefit to a member or a veteran, who, while serving with the Canadian Forces, was detained by a power, for the period spent in detention.

Definition of“power”

(2) In this section,“power” means

(a) an enemy or an opposing force of Canada;

(b) a person or a group that has as one of its purposes or activities the facilitating or carrying out of a terrorist activity; and

(c) any prescribed entity.

Period evading capture or escaping

(3) For the purposes of subsection (1), the period spent in detention includes the period during which the member or veteran was engaged in evading capture by, or in escaping from, any power.

Amount of benefit

(4) The Governor in Council may make regulations prescribing the amount of the detention benefit.

Restriction

(5) No detention benefit is payable under this section in respect of a period spent in detention if the period began before the coming into force of this section.

Death of member or veteran — no application made

65. (1) If a member or a veteran who would have been entitled to a detention benefit under section4 dies before they have applied for the benefit, the Minister may, on application, pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

Death of member or veteran — application pending

(2) If a member or a veteran who has made an application for a detention benefit under section4 dies before the Minister has made a decision in respect of the application, the Minister may pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

Rights of estate or succession

(3) The testamentary estate or testamentary succession has, in respect of the application referred to in subsection (2), all of the rights that the member or veteran would have had had they lived.


Part 4. General

Health Benefits

Group insurance program

66. (1) The Minister may

(a) establish or enter into a contract to acquire a group insurance program compa­rable to the Public Service Health Care Plan established by the Treasury Board;

(b) subject to the approval of the Treasury Board, set any terms and conditions in respect of the program, including those respecting the premiums or the contributions payable, the benefits and the management and control of the program;

(c) make the contributions and pay the premiums or the benefits, as required; and

(d) undertake and do all things that the Minister considers appropriate for the purpose of implementing and maintaining the program.

Eligibility

(2) A member, a veteran or a member’s or a veteran’s survivor may elect to participate in a group insurance program referred to in subsection (1) if they meet the prescribed eligibility requirements.


Designations

Designation by Minister

67. (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act.

Limitation

(2) If the Minister designates a person to make a decision under this Act, the Minister may not designate the same person to review the decision.

Definition of“conditions of elevated risk”

68. In paragraphs9(1)(c) and0(1)(c),“conditions of elevated risk” means a level of risk higher than that normally associated with service in peacetime.

Special duty areas

69. (1) The Minister of National Defence, after consulting the Minister, may by order designate an area as a special duty area if

(a) the area is outside Canada;

(b) members have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section1; and

(c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

Period of designation

(2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than January 1, 1949 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Special duty operations

70. (1) The Minister of National Defence, after consulting the Minister, may by order designate as a special duty operation any operation, or any component of it, if

(a) the operation is of a type referred to in section1;

(b) members have been deployed, or will be deployed, as part of that operation; and

(c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

Period of designation

(2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than September 11, 2001 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Types of operations

71. For the purposes of paragraphs9(1)(b) and0(1)(a), the types of operations are as follows:

(a) an armed conflict;

(b) an operation authorized under the Charter of the United Nations, the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar treaty instrument;

(c) an international or a multinational military operation;

(d) an operation authorized to deal with a national emergency, as that term is defined in section 3 of theEmergencies Act, in respect of which a declaration of emergency is made under that Act;

(e) an operation authorized under section 273.6 or Part VI of theNational Defence Act, or other similar operation authorized by the Governor in Council;

(f) an operation that, in the opinion of the Minister of National Defence, is a search and rescue operation;

(g) an operation that, in the opinion of the Minister of National Defence, is a disaster relief operation;

(h) an operation that, in the opinion of the Minister of National Defence, is a counter-terrorism operation; and

(i) an operation involving a level of risk that, in the opinion of the Minister of National Defence, is comparable to that normally associated with an operation referred to in paragraphs (a) to (e).

Statutory Instruments Act does not apply

72. Sections 3, 5 and 11 of theStatutory Instruments Act do not apply in respect of an order made under section69 or0.


Powers of Minister

Examination or assessment

73. The Minister may require a person who applies for rehabilitation services or compensation under this Act to undergo a medical examination or an assessment by a person specified by the Minister.

Expenses

74. (1) The Minister may pay to a person who undergoes the medical examination or the assessment a reasonable amount for their travel and living expenses incurred by reason of the medical examination or the assessment.

Regulations

(2) The Governor in Council may make regulations respecting the payment of those expenses.

Fees

75. A person who, at the request of the Minister, conducts a medical examination or performs an assessment for the purposes of this Act is entitled to be paid the fee that may be fixed by the Minister.


Procedure

Application made to Minister

76. (1) An application for job placement assistance services, rehabilitation services, vocational assistance or compensation under this Act shall be made to the Minister in the form directed by the Minister and shall include any information that is required by the regulations to accompany the application.

Consideration of application

(2) Subject to subsection (3), the Minister shall consider an application without delay after its receipt and, in considering the application, may

(a) investigate the facts stated in the application and any other matter related to the application; and

(b) collect any material and information relevant to the application.

Refusal to consider

(3) If a time is prescribed for making an application, the Minister shall refuse to consider an application made after that time unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances.

Decisions shall be made expeditiously

77. Any decisions of the Minister or a person designated under section7 shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.

Powers underInquiries Act

78. (1) The Minister has all the powers of a commissioner appointed under Part I of theInquiries Act for the purpose of carrying out the functions of the Minister under this Act.

Administering oaths, etc.

(2) Any officer or employee of the Department of Veterans Affairs authorized by the Minister may, in the course of their employment or service, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of or incidental to the administration of this Act, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits.

Acceptance of oaths, etc.

(3) The Minister may accept, for the purpose of the administration of this Act, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or an employee of

(a) a department in, or other portion of, the federal public administration specified in Schedules I, IV or V to theFinancial Administration Act; or

(b) a department of the government of a province.


Inspection

Right to inspect records, etc.

79. (1) Any person described in subsection (2) or (3) may, for the purpose of preparing an application under this Act or deciding whether or not to prepare an application, inspect

(a) the service and medical records of a member or a veteran;

(b) the Department of Veterans Affairs’ records relating to an application made under this Act; and

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

Persons who have right to inspect records, etc.

(2) The right to inspect under subsection (1) applies to any person who is

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

(b) a qualified health professional who is consulted by the applicant or by a represent­ative of the applicant; and

(c) an officer or employee of the federal public administration whose duties require the inspection of those records or that material.

Veterans’ organizations

(3) A representative of a veterans’ organization incorporated by or under an Act of Parliament who is consulted by an applicant or by a representative of the applicant has the right to inspect for the purpose of preparing an application or deciding whether or not to prepare an application under Part 3.


Sharing of Information

Information that shall be made available to Minister

80. Personal information held by a government institution, as defined in section 3 of thePrivacy Act shall, if requested by the Minister, be made available to the Minister for the purposes of this Act.

Information that Minister may disclose

81. 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 from that person or body information that the Minister requires for the administration of this Act or any other enactment administered by the Minister;

(b) to any officer or employee of the Department of Veterans Affairs, to the extent that the disclosure is required for the administration of this Act or any other enactment administered by the Minister;

(c) to any person or body, to the extent that the disclosure is required for the purpose of obtaining a payment that is due to Canada by

(i) the United Nations, or

(ii) another international organization or another country, pursuant to an international agreement;

(d) to the Department of Social Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan; and

(e) to the Correctional Service of Canada, to the extent that the disclosure is required for the administration of the Corrections and Conditional Release Act.

2005, c. 21, ss. 81, 116.

Previous VersionSocial Insurance Number

82. The Minister may, for the purpose of determining whether a person has a right to receive an earnings loss benefit or a Canadian Forces income support benefit under this Act,

(a) collect the person’s Social Insurance Number; and

(b) disclose that person’s Social Insurance Number to any department or agency of the Government of Canada.


Review

Review of decisions under Part 2

83. Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision under Part 2 or under this section.

Review of decisions under Part 3

84. The Minister may, on the Minister’s own motion, review a decision under Part 3 and may either confirm the decision or amend or rescind it if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or may do so, on application, if new evidence is presented to the Minister.

Review by Board

85. An applicant who is dissatisfied with a decision made by the Minister under Part 3 or under section4 may apply to the Board for a review of the decision.

Permission of Board required

86. The Minister may not consider an application made under Part 3 or under section4 that has already been the subject of a determination by the Board unless

(a) the applicant has obtained the permission of the Board; or

(b) the Board has referred the application to the Minister for reconsideration.

Representation of applicant

87. In all proceedings under section84 or5, an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.


Overpayments

Definition of“overpayment”

88. (1) In this section,“overpayment” means any compensation, or a part of it, that was paid to a person or their estate or succession and to which the person or the estate or succession had no entitlement.

Recovery of overpayment

(2) If, through any cause, an overpayment is paid to a person or their estate or succession, the overpayment is a debt due to Her Majesty by the person or by their estate or succession, and may be recovered

(a) by deduction from any future payments made under this Act to the person or their estate or succession;

(b) in accordance with section 155 of theFinancial Administration Act; or

(c) by proceedings in any court of competent jurisdiction.

Remission of overpayment

(3) If a person or their estate or succession has received or obtained an overpayment, the Minister may, unless that person or the executor of the estate or the liquidator of the succession has been convicted of an offence under theCriminal 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) the repayment of the overpayment would cause undue hardship to the person or a beneficiary; or

(d) the overpayment is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration.

Erroneous payments of benefits or allowances

(4) Despite anything in this Act, the Minister may continue the payment of an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance or a clothing allowance, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

(a) the amount paid to the person to which the person was not entitled is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration and has been remitted under paragraph (3)(d);

(b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;

(c) the cancellation or reduction of the benefit or allowance would, in the opinion of the Minister, cause undue hardship to the person; and

(d) the benefit or allowance has been paid to the person for five years or more.

Recovery of overpayments

(5) If a person retains any amount of a member’s or a veteran’s compensation paid after the member’s or veteran’s death and to which the member or veteran was not entitled, that amount may be deducted from any compensation paid to that person.


Miscellaneous

Not to be assigned or charged

89. (1) No compensation payable under this Act shall be assigned, charged, attached, anticipated, commuted or given as security.

Exemption from seizure and execution

(2) Compensation payable under this Act is exempt from seizure and execution, either at law or in equity.

No interest payable

90. No interest shall be paid in respect of any compensation that is payable under this Act.

Immunity

91. No action or other proceeding lies against any person by reason of anything done or said in good faith in any proceedings before the Minister or in any report of any medical examination or any assessment made for the purposes of this Act by any officer or employee of the Department of Veterans Affairs or by any other person at the request of the Minister.

Definition of“action”

92. (1) In this section,“action” means any action or other proceeding brought by or on behalf of a member, a veteran, a member’s or a veteran’s survivor, a member’s or a veteran’s orphan or a person who was, at the time of the member’s or veteran’s death, a dependent child, against Her Majesty in which damages are claimed in respect of any injury, death, damage or loss for which compensation may be claimed under this Act.

Stay of action against Crown until compensation refused

(2) An action that is not barred by virtue of section 9 of theCrown Liability and Proceedings Act shall, on application, be stayed until an application for compensation has been made under this Act, in respect of the same injury, death, damage or loss in respect of which the claim has been made, and pursued in good faith by or on behalf of the person by whom, or on whose behalf, the action was brought, and,

(a) in the case of an application that may be made under Part 2, a final decision to the effect that no compensation may be paid has been made under section3 in respect of the application; and

(b) in the case of an application that may be made under Part 3, a decision to the effect that no compensation may be paid to or in respect of that person in respect of the same injury, death, damage or loss has been affirmed by an appeal panel of the Board in accordance with theVeterans Review and Appeal Board Act.

Certificates as evidence

93. (1) In any trial, prosecution or other proceeding, a certificate purporting to be signed by the Minister and setting out the amount of any compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of any day is evidence of the amount of the compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of that day without proof of the signature or official character of any person appearing to have signed the certificate and without further proof of the certificate.

Documents as evidence

(2) In any trial, prosecution or other proceeding, a document purporting to be an adjudication of the Minister or the Board is evidence of the facts stated in the document without proof of the signature or official character of any person appearing to have signed the document and without further proof of the document.


Regulations

Governor in Council

94. The Governor in Council may make regulations

(a) respecting the time and manner of making an application for job placement assistance services, rehabilitation services, vocational assistance or compensation under this Act, and respecting the information that is required to accompany the application;

(b) respecting the time and manner of payment of compensation under this Act;

(c) providing for the periodic adjustment of the amounts set out in Schedules 1 to 3;

(d) providing for the payment or the reimbursement of fees for financial advice;

(e) respecting the provision of information or documents to the Minister by persons who are in receipt of job placement assistance services, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit or allowance until the information or documents are provided;

(f) respecting the procedure to be followed by the Minister in suspending or cancelling rehabilitation services, vocational assistance or payment of compensation;

(g) providing for a review of any decisions made under Part 2 and under section3, including the grounds for review, the powers on review and the number of reviews;

(h) respecting the time and manner of making an application for a review under sections83 and4;

(i) respecting the processes and procedures to be followed by the Minister in making decisions under this Act;

(j) prescribing any matter required or authorized by this Act to be prescribed; and

(k) generally, for carrying out the purposes and provisions of this Act.


Part 5. Transitional Provisions, Related And Coordinating Amendments And Coming Into Force

Transitional Provisions

Limitation

95. Sections12,22,29 to31 and7 do not apply in respect of a member’s or veteran’s survivor or orphan, or a person who was, at the time of the member’s death, a dependent child, if the member’s or veteran’s death occurred before the coming into force of this section.

Effect ofSpecial Duty Area Pension Order

96. TheSpecial Duty Area Pension Order continued by subsection 5(1) ofAn Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act, chapter 12 of the Statutes of Canada, 2003, has effect as if it were made under section9.

Effect of designations underPension Act

97. The designations made under section 91.2 or 91.3 of thePension Act, as those sections read immediately before the coming into force of sections69 and70 of this Act, have effect as if they were made under section69 or0 of this Act, respectively.

Adjustment of Schedule 1

98. (1) On the coming into force of this section, the amounts set out in column 2 of Schedule 1 to this Act shall be adjusted in accordance with sections 19 to 22 of theWar Veterans Allowance Act, for the period beginning on April 1, 2005 and ending on the day on which this section comes into force, as if they were amounts set out in column II of the schedule to that Act.

Adjustment of Schedule 2

(2) On the coming into force of this section, the amount set out in column 2 of item 4 of Schedule 2 to this Act shall be adjusted in accordance with sections 74 to 77 of thePension Act, for the period beginning on April 1, 2005 and ending on the day on which this section comes into force, as if it were an amount set out in Schedule III to that Act.

Adjustment of classes 21 to 24 of Schedule 3

(3) On the coming into force of this section, the amounts set out in column 3 of Schedule 3 to this Act in respect of classes 21 to 24 shall be adjusted in accordance with sections 74 to 77 of thePension Act, for the period beginning on April 1, 2005 and ending on the day on which this section comes into force, as if they were amounts set out in Schedule I to that Act.


Related Amendments

Children of Deceased Veterans Education Assistance Act

99. (Amendments)


Department of Veterans Affairs Act

100. (Amendment)


Income Tax Act

101. (Amendment)

102. (Amendment)

103. (Amendment)


Injured Military Members Compensation Act

104. (Amendment)


Pension Act

105. (Amendment)

106. (Amendment)

107. (Amendment)

108. (Amendment)


Royal Canadian Mounted Police Superannuation Act

109. (Amendments)


Veterans Review and Appeal Board Act

110. (Amendment)

111. (Amendment)

112. (Amendment)

113. (Amendments)

114. (Amendment)


Public Service Employment Act

115. (Amendment)


Coordinating Amendment

116. (Amendment)


Coming into Force

Order in council

Schedule 1

(Section 37, paragraphs 41(d) and 94(c) and subsection 98(1))

Canadian Forces Income Support Benefit


5.Orphan606.77
Column 1 Column 2
Monthly Amount
Item Description ($)
1. Veteran 1,132.26
2. Veteran having a spouse or a common-law partner, an additional 586.85
3. Veteran having one or more dependent children, in respect of each dependent child, an additional 283.07
4. Survivor 1,132.26

Schedule 2

(Subsections 38(2) and 58(1), section 61, paragraph 94(c) and subsection 98(2))

Allowances And Benefits


4.Clothing allowance1,823.88 (yearly)
Column 1 Column 2
Item Allowance or Benefit Amount ($)
1. Minimum permanent impairment allowance 6,000.00 (yearly)
2. Maximum permanent impairment allowance 18,000.00 (yearly)
3. Death benefit 250,000.00 (lump sum)

Schedule 3

(Subsection 52(1), paragraph 94(c) and subsection 98(3))

Disability Award


24
Column 1 Column 2 Column 3
Extent of Disability Lump Sum Amount
Class (%) ($)
 1 98-100 250,000.00
 2 93-97 237,500.00
 3 88-92 225,000.00
 4 83-87 212,500.00
 5 78-82 200,000.00
 6 73-77 187,500.00
 7 68-72 175,000.00
 8 63-67 162,500.00
 9 58-62 150,000.00
10 53-57 137,500.00
11 48-52 125,000.00
12 43-47d class="noBorderBottom112,500.00
13 38-42 100,000.00
14 33-37 87,500.00
15 28-32 75,000.00
16 23-27 62,500.00
17 18-22 50,000.00
18 13-17 37,500.00
19  8-12 25,000.00
20  5-7 12,500.00
21  4 2,617.96
22  3 1,963.48
23  2 1,308.97
 1654.49

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