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Veterans Well-being Act (S.C. 2005, c. 21)

Act current to 2020-11-17 and last amended on 2020-07-27. Previous Versions

PART 4General (continued)

Designations (continued)

Marginal note:Statutory Instruments Act does not apply

 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 69 or 70.

Powers of Minister

Marginal note:Examination or assessment

 The Minister may require a person who applies for rehabilitation services or compensation under this Act to undergo a medical examination or an assessment by a person specified by the Minister.

Marginal note:Expenses

  •  (1) The Minister may pay to a person who undergoes a medical examination or an assessment at the Minister’s request a reasonable amount for their travel and living expenses incurred by reason of the medical examination or the assessment.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations respecting the payment of those expenses.

  • 2005, c. 21, s. 74
  • 2018, c. 12, s. 148(E)

Marginal note:Fees

 A person who, at the request of the Minister, conducts a medical examination or performs an assessment for the purposes of this Act is entitled to be paid the fee that may be fixed by the Minister.

Transition to Civilian Life

Marginal note:Information and guidance

 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.

  • 2015, c. 36, s. 218

Marginal note:Application from member before transition

 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.

  • 2015, c. 36, s. 218

Procedure

Marginal note:Application made to Minister

  •  (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:Consideration of application

    (2) Subject to subsection (3), the Minister shall consider an application without delay after its receipt and, in considering the application, may

    • (a) investigate the facts stated in the application and any other matter related to the application; and

    • (b) collect any material and information relevant to the application.

  • Marginal note:Refusal to consider

    (3) If a time is prescribed for making an application, the Minister shall refuse to consider an application made after that time unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances.

  • 2005, c. 21, s. 76
  • 2011, c. 12, s. 15

Marginal note:Decisions shall be made expeditiously

 Any decisions of the Minister or a person designated under section 67 shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.

Marginal note:Powers under Inquiries Act

  •  (1) The Minister has all the powers of a commissioner appointed under Part I of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act.

  • Marginal note:Administering oaths, etc.

    (2) Any officer or employee of the Department of Veterans Affairs authorized by the Minister may, in the course of their employment or service, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of or incidental to the administration of this Act, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits.

  • Marginal note:Acceptance of oaths, etc.

    (3) The Minister may accept, for the purpose of the administration of this Act, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or an employee of

    • (a) a department in, or other portion of, the federal public administration specified in Schedules I, IV or V to the Financial Administration Act; or

    • (b) a department of the government of a province.

Waiver

Marginal note:Waiver of requirement for application

  •  (1) The Minister may waive the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the compensation, services or assistance if they were to apply for it.

  • Marginal note:Notice of intent

    (2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in the prescribed manner of that intention.

  • Marginal note:Accepting waiver

    (3) The person may accept to have the requirement for an application waived by notifying the Minister in the prescribed manner of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.

  • Marginal note:Date of waiver

    (4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.

  • Marginal note:Minister may require application

    (5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.

  • Marginal note:Waiver cancelled

    (6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.

  • 2017, c. 20, s. 281

Marginal note:Effect of waiver

  •  (1) If the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.

  • Marginal note:Effect of cancelling waiver

    (2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.

  • 2017, c. 20, s. 281

Inspection

Marginal note:Right to inspect records, etc.

  •  (1) Any person described in subsection (2) or (3) may, for the purpose of preparing an application under this Act or deciding whether or not to prepare an application, inspect

    • (a) the service and medical records of a member or a veteran;

    • (b) the Department of Veterans Affairs’ records relating to an application made under this Act; and

    • (c) all material relating to an application referred to in paragraph (b).

  • Marginal note:Persons who have right to inspect records, etc.

    (2) The right to inspect under subsection (1) applies to any person who is

    • (a) an applicant or a representative of the applicant;

    • (b) a qualified health professional who is consulted by the applicant or by a representative of the applicant; and

    • (c) an officer or employee of the federal public administration whose duties require the inspection of those records or that material.

  • Marginal note:Veterans’ organizations

    (3) A representative of a veterans’ organization incorporated by or under an Act of Parliament who is consulted by an applicant or by a representative of the applicant has the right to inspect for the purpose of preparing an application or deciding whether or not to prepare an application under Part 3.

 
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