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Economic Action Plan 2015 Act, No. 1 (S.C. 2015, c. 36)

Assented to 2015-06-23

PART 3VARIOUS MEASURES

Division 172005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act

Amendments to the Act

211. Paragraph 41(a) of the Act is replaced by the following:

  • (a) providing for the notification of the Minister, by persons who are in receipt of an earnings loss benefit, a Canadian Forces income support benefit or a retirement income security 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), 23(3), 40.1(4), 40.2(4), 40.3(4) or 40.4(4), 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;

212. The heading to Part 3 of the Act is replaced by the following:

CRITICAL INJURY, DISABILITY, DEATH AND DETENTION

213. Section 42 of the Act is replaced by the following:

Marginal note:Non-application of this Part

42. This Part, other than sections 44.1 to 44.3, 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 the Pension Act.

214. The Act is amended by adding the following after section 44:

Critical Injury Benefit

Marginal note:Eligibility

  • 44.1 (1) The Minister may, on application, pay a critical injury benefit to a member or veteran who establishes that they sustained one or more severe and traumatic injuries, or developed an acute disease, and that the injury or disease

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

    • (b) was the result of a sudden and single incident that occurred after March 31, 2006; and

    • (c) immediately caused a severe impairment and severe interference in their quality of life.

  • Marginal note:Factors to be considered

    (2) In deciding whether the impairment and the interference in the quality of life referred to in paragraph (1)(c) were severe, the Minister shall consider any prescribed factors.

  • Marginal note:Regulations

    (3) The Governor in Council may, for the purpose of subsection 44.1(1), make regulations respecting the determination of what constitutes a sudden and single incident.

Marginal note:Amount of benefit

44.2 The amount of the critical injury benefit that is payable to a member or veteran shall be the amount set out in column 2 of item 2.2 of Schedule 2.

Marginal note:Waiver of application

  • 44.3 (1) The Minister may waive the requirement for an application in subsection 44.1(1) if the Minister is satisfied, 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, including in respect of the disability award or in respect of the disability pension under the Pension Act, that the member or veteran is entitled to the critical injury benefit.

  • Marginal note:Notice of intent

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

  • Marginal note:Accepting waiver

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

  • Marginal note:Declining waiver

    (4) The member or veteran 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 member or veteran make an application for the critical injury benefit and, in that case, the Minister shall notify the member or veteran in writing of that requirement.

215. The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Consequential injury or disease

  • 46. (1) For the purposes of subsection 45(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

216. Section 63 of the Act is replaced by the following:

Marginal note:Governor in Council

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

217. The Act is amended by adding the following after section 65:

PART 3.1FAMILY CAREGIVER RELIEF BENEFIT

Marginal note:Eligibility

  • 65.1 (1) The Minister may, on application, pay a family caregiver relief benefit to a veteran if

    • (a) they have had an application for a disability award approved under section 45;

    • (b) as a result of the disability for which the application for a disability award was approved, they require ongoing care;

    • (c) a person who is 18 years of age or older plays an essential role in the provision or coordination of the ongoing care in the veteran’s home for which the person receives no remuneration; and

    • (d) the veteran meets the prescribed eligibility requirements.

  • Marginal note:Criteria to be considered

    (2) In deciding whether the veteran requires ongoing care, the Minister shall consider only prescribed criteria.

  • Marginal note:Factors to be considered

    (3) In deciding whether the person referred to in paragraph (1)(c) plays an essential role in the provision or coordination of the ongoing care in the veteran’s home, the Minister shall consider only prescribed factors.

  • Marginal note:Ineligibility

    (4) A veteran who is eligible for an attendance allowance under subsection 38(1) of the Pension Act is not eligible for a family caregiver relief benefit.

Marginal note:Amount of benefit

65.2 The annual amount of a family caregiver relief benefit that is payable to a veteran shall be the amount set out in column 2 of item 5 of Schedule 2.

Marginal note:Assessment

65.3 The Minister may, for the purpose of determining whether a veteran may continue to receive a family caregiver relief benefit, require the veteran to undergo an assessment by a person specified by the Minister.

Marginal note:Regulations

65.4 The Governor in Council may make regulations

  • (a) defining “care” for the purposes of paragraphs 65.1(1)(b) and (c) and subsections 65.1(2) and (3); and

  • (b) defining “home” for the purposes of paragraph 65.1(1)(c) and subsection 65.1(3).

218. The Act is amended by adding the following after section 75:

Transition to Civilian Life

Marginal note:Information and guidance

75.1 In order to aid a member or a veteran in their transition to civilian life, the Minister may provide them with information and guidance regarding the services, assistance and compensation for which they may be eligible taking into consideration their particular circumstances.

Marginal note:Application from member before transition

75.2 The Minister may consider an application for any services, assistance or compensation under this Act from a member, make a decision in respect of the application and conduct any required assessment even though the member may not be eligible for that service, assistance or compensation until they become a veteran.

219. The portion of section 82 of the Act before paragraph (a) is replaced by the following:

Marginal note:Social Insurance Number

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

220. Section 83 of the Act is replaced by the following:

Marginal note:Review of decision under Part 2 or 3.1

83. Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision made under Part 2 or 3.1 or under this section.

221. The portion of subsection 88(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note: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, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

  • 222. (1) Paragraph 94(e) of the Act is replaced by the following:

    • (e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit 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, declaration or document is provided;

  • (2) Paragraph 94(g) of the Act is replaced by the following:

    • (g) providing for a review of any decisions made under Part 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews;

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