Injured Military Members Compensation Act (S.C. 2003, c. 14)
Full Document:
Assented to 2003-06-19
Injured Military Members Compensation Act
S.C. 2003, c. 14
Assented to 2003-06-19
An Act to compensate military members injured during service
SUMMARY
The purpose of this enactment is to provide compensation to serving and former members of the Canadian Forces who suffered an injury attributable to service that resulted in dismemberment or the loss of sight, hearing or speech, and who were not entitled to a lump-sum payment under an insurance plan provided by the Government of Canada.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Injured Military Members Compensation Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“Class “A” Reserve Service”
« service de réserve de classe « A » »
“Class “A” Reserve Service” has the same meaning as in article 9.06 of the Queen’s Regulations and Orders for the Canadian Forces.
“Class “B” Reserve Service”
« service de réserve de classe « B » »
“Class “B” Reserve Service” has the same meaning as in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces.
“Class “C” Reserve Service”
« service de réserve de classe « C » »
“Class “C” Reserve Service” has the same meaning as in article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces.
“Minister”
« ministre »
“Minister” means the Minister of National Defence.
“personal information”
« renseignements personnels »
“personal information” has the same meaning as in section 3 of the Privacy Act.
DESIGNATION
Marginal note:Designation by Minister
3. (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.
Marginal note:Limitation
(2) If the Minister has designated a person to make a decision under this Act, the Minister may not designate that same person to review the decision under subsection 11(1).
COMPENSATION
Marginal note:Right of compensation
4. (1) A person who, while serving as a member of the regular force, or a member of the reserve force performing Class “B” Reserve Service for more than 180 days or Class “C” Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 3 if the Minister is satisfied that
(a) the injury is attributable to the person’s service with the Canadian Forces;
(b) the loss resulted directly from the injury;
(c) the loss was not caused directly or indirectly by a self-inflicted injury, even if caused by insanity, or by the person’s improper conduct, including their wilful disobedience of an order and vicious or criminal conduct;
(d) the person survived for a period of at least 30 days after the injury;
(e) the loss occurred within 90 days after the injury; and
(f) the person was not entitled to a lump-sum payment in respect of the injury under an insurance plan provided by the Government of Canada.
Marginal note:Right of compensation
(2) A person who, while serving as a member of the reserve force performing Class “B” Reserve Service for 180 days or less or Class “A” Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 4 if the Minister is satisfied that the conditions in paragraphs (1)(a) to (f) are met.
Marginal note:Interpretation
(3) For the purposes of subsections (1) and (2) and the schedule, the loss of a hand or foot, or thumb and index finger, includes the loss of their use, and the loss of hearing or speech or of sight in one eye or both eyes means total and irrecoverable loss.
- Date modified:
