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Veterans Burial Regulations (SOR/2005-200)

Regulations are current to 2022-06-20 and last amended on 2019-04-01. Previous Versions

Veterans Burial Regulations

SOR/2005-200

DEPARTMENT OF VETERANS AFFAIRS ACT

Registration 2005-06-28

Veterans Burial Regulations

P.C. 2005-1262 2005-06-28

Her Excellency the Governor General in Council, on the recommendation of the Minister of Veterans Affairs, pursuant to section 5Footnote a of the Department of Veterans Affairs ActFootnote b, hereby makes the annexed Veterans Burial Regulations, 2005.

Interpretation

 The following definitions apply in these Regulations.

common-law partner

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the time of the individual’s death, having so cohabited for a period of at least one year. (conjoint de fait)

Corporation

Corporation means the corporation incorporated under the name Last Post Fund, on June 22, 1921, under the Companies Act. (société)

Department

Department means the Department of Veterans Affairs. (ministère)

dependent child

dependent child means a dependent child as defined in subsection 2(1) of the War Veterans Allowance Act. (enfant à charge)

entitled to a disability award

entitled to a disability award means, in respect of a person, that the person

  • (a) has received a disability award as defined in subsection 2(1) of the Veterans Well-being Act;

  • (b) has not received a disability award as defined in subsection 2(1) of that Act because one of the conditions set out in section 53 of that Act, as it read immediately before April 1, 2019, had not been met as of that day, unless a decision regarding the application for pain and suffering compensation referred to in subsection 174(1) of that Act has been made; or

  • (c) but for subsection 54(1) of that Act as it read immediately before April 1, 2019, would have received a disability award as defined in subsection 2(1) of that Act. (droit à une indemnité d’invalidité)

entitled to a pension

entitled to a pension, in respect of a deceased person, means that, at the time of death, the person was receiving a pension under the Pension Act or had received a final payment of a pension, or that the Minister had determined that the person was entitled to a pension. (droit à une pension)

entitled to pain and suffering compensation

entitled to pain and suffering compensation means, in respect of a person, that the person

  • (a) has received pain and suffering compensation under subsection 45(1) or 47(1) of the Veterans Well-being Act;

  • (b) is referred to in subsection 45(1) of that Act but whose extent of disability has not yet been assessed; or

  • (c) but for subsection 56.4(1) of that Act, would have received pain and suffering compensation under subsection 45(1) or 47(1) of that Act. (droit à une indemnité pour douleur et souffrance)

income-qualified civilian

income-qualified civilian means a civilian as defined in subsection 56(1) of the Civilian War-related Benefits Act who

  • (a) was at the time of death in receipt of an allowance under subsection 57(1) of that Act; or

  • (b) would have been eligible at the time of death for an allowance under that subsection were it not for payments made to the civilian or the civilian’s spouse or common-law partner, or for which the civilian or the civilian’s spouse or common-law partner was eligible under the Old Age Security Act or similar legislation of another country. (civil au revenu admissible)

Minister

Minister means the Minister of Veterans Affairs. (ministre)

net assets of the succession

net assets of the succession means the net value of the portion of succession to a deceased person’s estate that, in accordance with the laws of the country or the province in which the person was domiciled at the time of death, can be transferred to the heirs by way of bequest or inheritance after the payment of all debts owed by the person or the estate, including the costs of the following: the deceased person’s last sickness, funeral, burial, cremation and gravemarker. (actif net successoral)

net assets of the survivor

net assets of the survivor means the net worth of the survivor. (actif net du survivant)

overseas service civilian

overseas service civilian means a person referred to in paragraphs (e) to (i) of the definition civilian in subsection 56(1) of the Civilian War-related Benefits Act. (civil ayant servi outre-mer)

pensioned condition

pensioned condition means a disability in respect of which a person is entitled to a pension. (état indemnisé)

pensioner

pensioner means a person who at the time of death was entitled to a pension in respect of a disability payable under, or because of,

  • (a) the Pension Act, including a supplementary pension under section 64, 65 or 66 of that Act, but not including a pension that is awarded under subsection 22(2) of that Act or continued under subsection 83(4) of that Act;

  • (b) any of Parts I to III and VI to X of the Civilian War-related Benefits Act;

  • (c) paragraph 3(c) of the Special Operators War Service Benefits Act, R.S.C. 1952, c. 256;

  • (d) paragraphs 3(d) and (e) of the Women’s Royal Naval Services and the South African Military Nursing Service (Benefits) Act, R.S.C. 1952, c. 297;

  • (e) Veterans Affairs Vote 815 of Schedule C to The Appropriation Act, No. 4, 1950, S.C. 1950, c. 55 or any other provision enacted by Parliament for the continuation of certain Newfoundland pensions that were not payable under the terms of the union of Canada and Newfoundland; or

  • (f) the Civilian Government Employees (War) Compensation Order. (pensionné)

survivor

survivor means a survivor as defined in subsection 2(1) of the War Veterans Allowance Act. (survivant)

veteran

veteran means one of the following persons:

  • (a) a former member of the Canadian Forces or any predecessor naval, army or air forces of Canada or Newfoundland;

  • (b) a Canadian merchant mariner of World War I or World War II within the meaning of subsection 21.1(3) or (4), respectively, of the Pension Act;

  • (c) [Repealed, SOR/2014-74, s. 1]

  • (d) a Canadian merchant mariner of the Korean War within the meaning of subsection 21.1(5) of the Pension Act;

  • (e) a special operator who is deemed to be a veteran under paragraph 3(a) of the Special Operators War Service Benefits Act, R.S.C. 1952, c. 256;

  • (f) a supervisor who is deemed to be a veteran under paragraph 3(a) of the Supervisors War Service Benefits Act, R.S.C. 1952, c. 258;

  • (g) a person who is deemed to be a veteran under section 3 of the Women’s Royal Naval Services and the South African Military Nursing Service (Benefits) Act, R.S.C. 1952, c. 297;

  • (h) a person on whom the benefits of the Pension Act may be conferred under section 64, 65 or 66 of that Act;

  • (i) a person who, as a member of His Majesty’s naval, army or air forces or of similar forces allied with His Majesty, served on active service during World War I or World War II and was resident in Canada at the time he or she became a member of those forces; or

  • (j) an allied veteran within the meaning of subsection 37(4), (4.1) or (4.2) of the War Veterans Allowance Act. (ancien combattant)

World War I

World War I has the meaning assigned in subsection 3(1) of the Pension Act. (Première Guerre mondiale)

World War II

World War II has the meaning assigned in subsection 3(1) of the Pension Act. (Seconde Guerre mondiale)

PART 1Financial Assistance

Eligibility for Financial Assistance

 Financial assistance towards last sickness, funeral, burial and cremation costs in accordance with section 3 is payable

  • (a) if there is an insufficiency of funds, as determined under section 4, for the following deceased persons, namely,

    • (i) a pensioner who dies in Canada or elsewhere,

    • (ii) a veteran or an income-qualified civilian or an overseas service civilian who dies in Canada,

    • (iii) a veteran who is buried or cremated in Canada,

    • (iv) a veteran referred to in any of paragraphs (a) to (g) of the definition veteran in section 1 who dies outside Canada,

    • (v) an overseas service civilian who dies outside Canada, or

    • (vi) a veteran or a civilian who dies outside Canada and on the date of death was undergoing a medical examination required by the Minister or by the Veterans Review and Appeal Board;

    • (vii) and (viii) [Repealed, SOR/2014-74, s. 2]

  • (b) in Canada or elsewhere, for the following deceased persons, namely,

    • (i) a pensioner, referred to in any of paragraphs (b) to (f) of the definition of pensioner in section 1, whose death was as a result of an injury or disease or an aggravation of an injury or disease that was attributable to or was incurred during the pensioner’s service,

    • (ii) a person in respect of whom a pension is awarded in accordance with paragraph 21(1)(b) or (2)(b) of the Pension Act,

    • (iii) a pensioner who on the date of death was receiving treatment benefits under Part I of the Veterans Health Care Regulations in respect of a period of acute care for a pensioned condition,

    • (iii.1) a person who, on the date of death, was receiving treatment benefits under Part I of the Veterans Health Care Regulations in respect of a period of acute care for a pensioned condition or for an injury or disease in respect of which they are entitled to a disability award or entitled to pain and suffering compensation,

    • (iv) a person who, on the date of death, was undergoing a medical examination required by the Minister or by the Veterans Review and Appeal Board,

    • (v) a pensioner who on the date of death was in receipt of treatment benefits under Part I of the Veterans Health Care Regulations in respect of hospitalization for a condition in respect of which it is uncertain whether the condition was a pensioned condition, or

    • (vi) a person who dies as a result of a service-related injury or disease or a non-service-related injury or disease that was aggravated by service in accordance with the Veterans Well-being Act.

Amounts of Financial Assistance

  •  (1) Financial assistance is payable for the following costs:

    • (a) any medical costs of the deceased person’s last sickness that were not otherwise paid by the Minister and that are not insured under a private or provincial health care plan;

    • (b) the costs of the following funeral services:

      • (i) preparation of the remains,

      • (ii) provision of a casket that meets the standards specified by the Minister or provision of an urn,

      • (iii) provision of ceremonial services,

      • (iv) provision of death notices,

      • (v) transportation of the remains from the place where the death occurred to a funeral home and to a place of burial or cremation, and

      • (vi) transportation of the remains that requires the services of two funeral homes because the funeral home or place of burial or cremation are not in the same locality as the place where the death occurred;

    • (c) if necessary, the cost of any special preparation of the remains for viewing;

    • (d) if required, the cost of providing a single grave and reasonable costs of opening and closing the grave and its perpetual care;

    • (e) if a grave liner is required by the authorities of the cemetery, municipality or province, the cost of a decomposable or non-decomposable grave liner; and

    • (f) the cost of cremating the remains.

  • (2) The amount of financial assistance is the least of

    • (a) the aggregate of the amounts for the costs described in subsection (1), adding any goods and services tax, harmonized sales tax or provincial sales tax. In this aggregate amount the costs, before tax, do not exceed

      • (i) in respect of the costs referred to in paragraph (1)(a), $75,

      • (ii) in respect of the costs referred to in subparagraphs (1)(b)(i) to (v), $7,376,

      • (iii) in respect of the cost referred to in subparagraph (1)(b)(vi), $500,

      • (iv) in respect of the cost of any special preparation of the remains under paragraph (1)(c), $210,

      • (v) in respect of the cost of a decomposable grave liner under paragraph (1)(e), $200, and

      • (vi) in respect of the cost of a non-decomposable grave liner under paragraph (1)(e), $570;

    • (b) in the cases described in paragraph 2(a), the amount of any insufficiency of funds, determined under section 4.

  • (3) Despite paragraph (2)(a), an additional amount may be paid to cover the difference between the cost of a normal casket and the cost of an oversized casket or a hermetically sealed one.

  • (4) Financial assistance is payable only if no similar payment has been made by the Government of Canada in respect of the same deceased person.

  • SOR/2013-110, s. 1

Determination of Insufficiency of Funds

  •  (1) A determination in respect of an insufficiency of funds to meet costs, for the purpose of the provision of financial assistance, must be made by the Corporation as follows:

    • (a) if the deceased person has a survivor or a dependent child, the following amounts are deducted from the sum of the net assets of the survivor and the net assets of the succession, namely,

      • (i) $35,279 for the survivor or, if there is no survivor, for the dependent child,

      • (ii) $700 for each additional dependent child,

      • (iii) the aggregate of the amounts under paragraphs 3(2)(a) minus any amount already paid for the costs set out in subsection 3(1), if these amounts have not already been considered in the determination of the net assets of the succession,

      • (iv) if a gravemarker is not provided under section 5,

        • (A) the lesser of the actual cost of a gravemarker and the value of the gravemarker that would have been provided under that section minus the amount already paid for the gravemarker, if this amount has not already been considered in the determination of the net assets of the succession, and

        • (B) a reasonable amount for the perpetual care of the gravemarker, if this amount has not already been considered in the determination of the net assets of the succession,

      • (v) an amount equal to the person’s monthly income before their death,

      • (vi) if applicable, an amount equal to the market value of a motor vehicle that is ordinarily used by the deceased person’s family as a mode of transportation and that is chosen by the person making the application for financial assistance,

      • (vii) if applicable, an amount equal to the market value of the residence where the deceased person’s family lives, as chosen by the person making the application for financial assistance, and

      • (viii) an amount equal to the market value of the household effects of the deceased person’s family; and

    • (b) if the deceased person does not have a survivor or dependent children, the deductible amounts described in paragraph (a) do not apply, and the net assets of the succession as a whole are to be taken into consideration.

  • (2) If the amount determined under paragraph (1)(a) or (b) is nil or negative, there is an insufficiency of funds.

  • (3) The amount set out in subparagraph 4(1)(a)(i) is to be adjusted on January 1 of each year in accordance with the percentage increase to the Consumer Price Index for the year ending on September 30 of the previous year.

  • (4) The Consumer Price Index is the average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada.

  • SOR/2009-225, s. 18
  • SOR/2016-149, s. 2
 
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