CAREER TRANSITION SERVICES

Marginal note:Eligibility — members and veterans

• 3. (1) The Minister may, on application, provide career transition 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.

• Marginal note:Assistance to spouses, common-law partners and survivors

  (2) The Minister may, on application, provide career transition 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.

• Marginal note:Career transition plan

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

• Marginal note:Development of plan

  (3) In developing a career transition plan, the Minister shall have regard to any prescribed principles.

Marginal note:Refusal to provide services

5. The Minister may refuse to provide career transition 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.

Marginal note:Eligibility — survivors

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

Marginal note:When allowance payable

39. The permanent impairment allowance under subsection 38(2) and an increase to the permanent impairment allowance under subsection 38(3) begin to be payable on the later of

• (a) the day on which the application for the allowance or increase, as the case may be, is made, and

• (b) the day that is one year prior to the day on which the application for the allowance or increase, as the case may be, is approved.

Marginal note:Increase in extent of disability

• 48. (1) If a member or a veteran to whom a disability award under section 45 or 47 has been paid, in whole or in part, 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.

Marginal note: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 under section 45 has been paid, in whole or in part, or would be payable 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%.

• Marginal note: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, other than the right to make an election under subsection 52.1(1).

Marginal note:Election as to payment of award

• 52.1 (1) Subject to subsections (4) and (7), a member or a veteran to whom a disability award is to be paid under section 45, 47 or 48 may elect, within the prescribed time and in the prescribed manner,

  • (a) to be paid the amount of the disability award as a lump sum;

  • (b) to be paid each year, in lieu of the amount of the disability award, for up to the number of years indicated by the member or veteran, an amount equal to the amount determined by the formula

    A/B + C

    where

    A

    is the amount of the disability award,

    B

    is the number of years indicated by the member or veteran, and

    C

    is the amount of interest for that year determined in accordance with the regulations; or

  • (c) to be paid the portion, indicated by the member or veteran, of the amount of the disability award as a lump sum and to be paid each year, in lieu of the remainder of the amount of the disability award, for up to the number of years indicated by the member or veteran, an amount equal to the amount determined by the formula set out in paragraph (b) read as though the description of A were the amount of the disability award less the portion that the member or veteran elected to be paid as a lump sum.

• Marginal note:Notification

  (2) The Minister shall, in the prescribed manner, inform the member or veteran of their right to make an election under subsection (1).

• Marginal note:Failure to make election

  (3) If the member or veteran fails to make the election, the amount of the disability award is to be paid as a lump sum.

• Marginal note:Lump sum if disability is less than five per cent

  (4) If the extent of disability for which the disability award is to be paid is less than five per cent of total disability, the amount of the disability award is to be paid as a lump sum.

• Marginal note:Election in respect of remaining payments

  (5) A member or a veteran who has elected to be paid in annual payments and who has received at least one payment may elect, in the prescribed manner, to be paid a lump sum, determined in accordance with the regulations, in lieu of the annual payments remaining to be paid.

• Marginal note:Deemed election

  (6) A member or a veteran who dies after having elected to be paid in annual payments is deemed to have elected, on the day before their death, to be paid a lump sum, determined in accordance with the regulations, in lieu of the annual payments remaining to be paid.

• Marginal note:Member or veteran currently receiving annual payments

  (7) If a member or a veteran to whom a disability award (in this subsection referred to as the “new disability award”) is to be paid under section 45, 47 or 48 is currently being paid annual payments in respect of another disability award and they make an election referred to in paragraph (1)(b) or (c) in respect of the new award,

  • (a) for the purpose of determining the amount of the annual payments in respect of the new disability award,

    • (i) in the case of an election referred to in paragraph (1)(b), the description of A in that paragraph, is, despite that paragraph, the sum of the amount of the new disability award and the amount of the lump sum that the member or veteran would have received had they made an election under subsection (5) in respect of the other disability award, and

    • (ii) in the case of an election referred to in paragraph (1)(c), the description of A in paragraph (1)(b), despite paragraph (1)(c), is the sum of the amount of the new disability award and the amount of the lump sum that the member or veteran would have received had they made an election under subsection (5) in respect of the other disability award less the portion of the new disability award to be paid to the member or veteran as a lump sum; and

  • (b) no additional payments are to be made in respect of the other disability award.

• Marginal note:Amounts deemed to be compensation payable under this Act

  (8) The amounts determined by the application of paragraphs (1)(b) and (c) and the lump sum referred to in subsection (5) or (6) are deemed to be compensation payable under this Act.

Marginal note:No award — decision under Pension 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 the Pension Act and the Minister, or the Commission as defined in section 79 of that Act, has rendered a decision in respect of the application.

Marginal note:Application made to Minister

• 76. (1) An application for career transition 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.

Marginal note:No interest payable

90. Except in the case of amounts payable to a member or a veteran who makes an election referred to in paragraph 52.1(1)(b) or (c) or subsection 52.1(5) or who is deemed to have made an election under subsection 52.1(6), no interest shall be paid in respect of any compensation that is payable under this Act.

Marginal note:Amount of allowance

• 72. (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III if the member of the forces

  • (a) is in receipt of

    • (i) a pension in the amount set out in Class 1 of Schedule I, or

    • (ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I as well as compensation paid under this Act or a disability award paid under the Canadian Forces Members and Veterans Re-establishment and Compensation Act, or both, if the aggregate of the following percentages is equal to or greater than 98%:

      • (A) the extent of the disability in respect of which the pension is paid,

      • (B) the percentage of basic pension at which basic compensation is paid, and

      • (C) the extent of the disability in respect of which the disability award is paid; and

  • (b) is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension or a disability award under that Act.

• Marginal note:Ineligibility — permanent impairment allowance

  (1.1) A member of the forces who is eligible for a permanent impairment allowance under the Canadian Forces Members and Veterans Re-establishment and Compensation Act is not eligible to be awarded an exceptional incapacity allowance.

• Marginal note:Determination of exceptional incapacity

  (2) Without restricting the generality of paragraph (1)(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension or a disability award under the Canadian Forces Members and Veterans Re-establishment and Compensation Act has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the member’s life expectancy.