• Marginal note:Repayment to credit enhancement fund

  (5) Any funds that are paid from the credit enhancement fund to offset a shortfall in the debt reserve fund shall be repaid by that debt reserve fund within 18 months after the day on which the funds are paid or, if more than one payment of funds is made, within 18 months after the day on which the first payment is made. After the expiry of that 18-month period, no further funds shall be paid from the credit enhancement fund to that debt reserve fund unless it has been fully replenished under section 84.

• (b) fixing a percentage in respect of an amount to be withheld from a loan under subsection 84(2), which may be a higher or lower percentage than the percentage set out in that subsection and may vary according to whether the loan is secured by property tax revenues or by other revenues;

• (b) respecting the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority in respect of liabilities referred to in subsection 133(1), including the circumstances in which the Commission, Board or Authority would be exempt from that requirement.

• Marginal note:Non-application of section

  (3) This section does not apply if the name of the first nation is added to the schedule on or after the day on which section 145.1 comes into force.

Marginal note:Continuation of existing by-laws

• 145.1 (1) By-laws made by a first nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the first nation is added to the schedule, except those described in subsection (2), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the first nation under section 5 or are repealed.

• Marginal note:Continuation of existing by-laws

  (2) By-laws in respect of financial administration made by a first nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the first nation is added to the schedule remain in force until they are repealed or until the first nation makes a law that is approved under subsection 9(2).

• Marginal note:Continuation of existing by-laws

  (3) By-laws made by a first nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force, except those described in subsection (4), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the first nation under section 5 or are repealed.

• Marginal note:Continuation of existing by-laws

  (4) By-laws in respect of financial administration made by a first nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force remain in force until they are repealed or until the first nation makes a law that is approved under subsection 9(2).

“compensation”

« indemnisation »

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

PURPOSE

Marginal note:Purpose

2.1 The purpose of this Act is to recognize and fulfil the obligation of the people and Government of Canada to show just and due appreciation to members and veterans for their service to Canada. This obligation includes providing services, assistance and compensation to members and veterans who have been injured or have died as a result of military service and extends to their spouses or common-law partners or survivors and orphans. This Act shall be liberally interpreted so that the recognized obligation may be fulfilled.

• Marginal note: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. For greater certainty, if the determination is in respect of a member, the earnings loss benefit is not payable until the day after the day on which the member is released from the Canadian Forces.

Retirement Income Security Benefit

Marginal note:Eligibility — veteran eligible for earnings loss benefit

• 40.1 (1) The Minister may, on application, pay a retirement income security benefit to a veteran who

  • (a) has attained the age of 65 years;

  • (b) on the day before the day on which they attained the age of 65 years, was eligible to continue to receive an earnings loss benefit under subsection 18(4); and

  • (c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

  • (a) the day after the day on which the veteran attains the age of 65 years, and

  • (b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula

  (A + B) – C

  where

  A

  is 70% of the earnings loss benefit to which the veteran would be entitled for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the veteran from prescribed sources referred to in subsection 19(1);

  B

  is 70% of the permanent impairment allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and

  C

  is the total amount that is payable to the veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the total value of A and B in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.

Marginal note:Eligibility — veteran in receipt of long-term disability benefit

• 40.2 (1) The Minister may, on application, pay a retirement income security benefit to a veteran who

  • (a) attained the age of 65 years after March 31, 2006 but before the prescribed date;

  • (b) on the day before the day on which they attained the age of 65 years was, as a result of being totally disabled, in receipt of long-term disability benefits under the Service Income Security Insurance Plan Long Term Disability; and

  • (c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

  • (a) the day after the day on which the veteran attains the age of 65 years, and

  • (b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula

  (A + B) – C

  where

  A

  is 70% of the earnings loss benefit to which the veteran would have been entitled, had the veteran applied, for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that would have been payable to the veteran from prescribed sources referred to in subsection 19(1);

  B

  is 70% of the permanent impairment allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and

  C

  is the total amount that is payable to the veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the total value of A and B in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.

Marginal note:Eligibility — survivor of eligible veteran

• 40.3 (1) The Minister may, on application, pay a retirement income security benefit to a veteran’s survivor if the veteran was eligible, or would have been eligible had the veteran applied, for a retirement income security benefit at the time of their death.

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

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

  • (b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a survivor shall be determined in accordance with the formula

  A – B

  where

  A

  is 50% of the retirement income security benefit to which the veteran would be entitled, or would have been entitled had the veteran applied, for the month in which the veteran dies, not taking into account amounts that are payable to the veteran from prescribed sources referred to in the description of C in subsection 40.1(4) or in the description of C in subsection 40.2(4), as the case may be; and

  B

  is the total amount payable to the survivor in respect of the veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the value of A in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.

Marginal note:Eligibility — survivor no longer eligible for earnings loss benefit

• 40.4 (1) The Minister may, on application, pay a retirement income security benefit to a member’s or a veteran’s survivor who is no longer eligible to receive an earnings loss benefit under subsection 22(3).

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

  • (a) the day after the day on which the member or the veteran would have attained the age of 65 years, and

  • (b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit under subsection (1) that is payable to a survivor shall be determined in accordance with the formula

  A/2 – B

  where

  A

  is 70% of the earnings loss benefit that would be payable under subsection 23(1) for the month in which the member or veteran, if alive, would have attained the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the survivor in respect of the member or veteran from prescribed sources referred to in subsection 23(3); and

  B

  is the total amount that is payable to the survivor in respect of the member or veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the value of A in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.

Marginal note:Waiver of application

• 40.5 (1) The Minister may waive the requirement for an application for the retirement income security benefit if the Minister is satisfied that the veteran or survivor would be eligible for the benefit if they were to apply for it based on information that has been collected or obtained by the Minister in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions in respect of the earnings loss benefit, permanent impairment allowance or disability award or in respect of the disability pension under the Pension Act.

• Marginal note:Notice of intent

  (2) If the Minister intends to waive the requirement for an application, the Minister shall notify the veteran or survivor in writing of that intention.

• Marginal note:Accepting waiver

  (3) If the veteran or survivor accepts the waiver of the requirement for an application, the veteran or survivor shall, within the period specified by the Minister, file with the Minister any information requested by the Minister.

• Marginal note:Declining waiver

  (4) The veteran or the survivor may, within the period specified by the Minister, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

• Marginal note:Cancellation of waiver

  (5) Even if the Minister intends to waive the requirement for an application, the Minister may require that the veteran or the survivor make an application for the retirement income security benefit and, in that case, the Minister shall notify the veteran or survivor in writing of that requirement.

Marginal note:Suspension or cancellation

40.6 The Minister may, in the prescribed circumstances, suspend the payment of a retirement income security benefit or cancel the benefit.