Award Regulations (SOR/96-66)

Regulations are current to 2017-09-14

Award Regulations

SOR/96-66

PENSION ACT

Registration 1996-01-04

Regulations Respecting Applications for an Award

P.C. 1996-16 1996-01-04

His Excellency the Governor General in Council, on the recommendation of the Minister of Veterans Affairs, pursuant to section 91Footnote * of the Pension Act, is pleased hereby to make the annexed Regulations respecting applications for an award.

Short Title

 These Regulations may be cited as the Award Regulations.

Interpretation

 In these Regulations,

Act

Act means the Pension Act; (Loi)

Information

 An applicant for an award shall provide the Minister with

  • (a) any documentation necessary to substantiate the applicant’s claim;

  • (b) information on the applicant’s domestic status;

  • (c) any other relevant information; and

  • (d) an affidavit or statutory declaration attesting to the truth of the information provided.

  • SOR/99-231, s. 1.

 [Repealed, SOR/99-231, s. 2]

Decisions

 Every decision of the Minister with respect to an award under the Act shall contain the reasons for that decision.

Reviews

  •  (1) An applicant who, pursuant to section 82 of the Act, requests the Minister to review a decision shall forward to the Minister the new evidence that the applicant is relying on as a basis for the review.

  • (2) Where the Minister, after reviewing a decision, confirms, amends or rescinds the decision, the Minister shall notify the applicant and provide reasons for the Minister’s decision.

 The Minister, before confirming, amending or rescinding a decision pursuant to section 82 of the Act, or before cancelling and recovering any payment of a pension pursuant to section 83 of the Act,

  • (a) shall inform the applicant or pensioner of the facts and allegations in the Minister’s possession; and

  • (b) shall provide the applicant or pensioner with an opportunity to respond.

Notice of Decisions

 The Minister shall send written notice of any decision made under the Act to the applicant and, in the case of an unfavourable decision, shall inform the applicant of their right

  • (a) to apply to have the decision reviewed pursuant to section 82 of the Act; and

  • (b) to have the Minister’s decision reviewed by the Veterans Review and Appeal Board pursuant to section 84 of the Act, and their right to be represented during the appeal,

    • (i) free of charge, by the Bureau of Pensions Advocates or by a service bureau of a veterans’ organization, or

    • (ii) at the applicant’s own expense, by any other representative.

 
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