Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Canadian Forces Members and Veterans Re-establishment and Compensation Act. (Loi)

Class A Reserve Service

Class A Reserve Service has the same meaning as in subarticle 9.06(1) of the Queen’s Regulations and Orders for the Canadian Forces and includes proceeding to and returning from the place where the training or duty is performed. (service de réserve de classe A)

Class B Reserve Service

Class B Reserve Service has the same meaning as in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces. (service de réserve de classe B)

Class C Reserve Service

Class C Reserve Service has the same meaning as in article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces. (service de réserve de classe C)

emergency

emergency has the same meaning as in subsection 2(1) of the National Defence Act. (état d’urgence)

regular force

regular force has the same meaning as in subsection 2(1) of the National Defence Act. (force régulière)

reserve force

reserve force has the same meaning as in subsection 2(1) of the National Defence Act. (force de réserve)

PART 1Job Placement

• 2 (1) For the purpose of subsection 3(1) of the Act, the Minister may provide job placement assistance services to the following members or veterans if they were not released under item 1 or 2 of the table to article 15.01 of the Queen’s Regulations and Orders for the Canadian Forces:

  • (a) a member of the regular force who has completed basic training;

  • (b) a veteran of the regular force who has completed basic training and who applies no later than 2 years after the date of their release;

  • (c) a member or veteran of the reserve force who has completed at least 21 months of full-time service during 24 consecutive months and who applies no later than 2 years after the date of completion of that service; or

  • (d) a member or veteran of the reserve force whose civilian employment is no longer available or is available only at a lower rate of pay after completion of special duty service or service on which the member or veteran was called out in respect of an emergency and who applies no later than 2 years after the date of completion of that service.

• (2) The Minister may also provide job placement assistance services to any veteran to whom an income support benefit is payable under section 27 of the Act.

3 For the purposes of subsection 3(2) of the Act, the Minister may provide job placement services to

• (a) if an application is made no later than 2 years after the death of the member or veteran, as the case may be,

  • (i) a survivor of a member of the regular force,

  • (ii) a survivor of a veteran of the regular force who, at the time of the veteran’s death, was eligible to receive job placement assistance services under subsection 3(1) of the Act,

  • (iii) a survivor of a member or veteran of the reserve force who, at the time of their death, was eligible to receive job placement assistance services under subsection 3(1) of the Act, and

  • (iv) a survivor of a member of the reserve force who, at the time of the member’s death, had committed in writing to at least 21 months of full-time service during 24 consecutive months; or

• (b) a survivor to whom a Canadian Forces income support benefit is payable under section 28 of the Act.

4 An application for job placement services shall be made in writing and shall include, at the request of the Minister, any information that is necessary to enable the Minister to assess whether the applicant is eligible for job placement assistance.

5 In developing a job placement assistance plan, the Minister shall have regard to the following principles:

• (a) the plan shall, whenever possible, build on an applicant’s skills, experience and education; and

• (b) the plan shall be based on a consideration of job placement services already received by an applicant.

PART 2Rehabilitation Services, Vocational Assistance and Financial Benefits

Interpretation

6 The definitions in this section apply for the purpose of Part 2 of the Act.

barrier to re-establishment in civilian life

barrier to re-establishment in civilian life means the presence of a temporary or permanent physical or mental health problem that limits or prevents an individual’s reasonable performance of their roles in the workplace, home or community. (entrave à la réinsertion dans la vie civile)

suitable gainful employment

suitable gainful employment means, in relation to a veteran, employment for which the veteran is reasonably qualified by reason of education, training and experience and that provides a monthly rate of pay equal to at least 66 2/3% of the imputed income of the veteran as referred to in subsection 19(1) of the Act. (emploi rémunérateur et convenable)

totally and permanently incapacitated

totally and permanently incapacitated means, in relation to a veteran, that the veteran is incapacitated by a permanent physical or mental health problem that prevents the veteran from performing any occupation that would be considered to be suitable gainful employment. (incapacité totale et permanente)

Rehabilitation Services and Vocational Assistance

• 7 (1) For the purpose of subsection 9(3) of the Act, subsection 9(1) of the Act does not apply to a veteran who was a member of

  • (a) the Cadet Instructors Cadre, the Canadian Rangers or the Supplementary Reserve Force unless the veteran was serving on a period of Class C Reserve Service at the time that the physical or mental health problem leading to the release manifested itself; or

  • (b) the primary reserve unless the veteran was serving on a period of Class A, B, or C Reserve Service at the time that the physical or mental health problem leading to the release manifested itself.

• (2) For the purpose of paragraph (1)(b), a veteran who served on a period of reserve service of at least 2 consecutive days is deemed to have served 24 hours a day for the duration of the period that they were required to serve.

8 For the purpose of paragraph 10(5)(a) or 13(4)(a) of the Act, the Minister shall have regard to the following principles:

• (a) that the provision of services be focused on addressing the needs of the applicant;

• (b) that the provision of services will involve family members to the extent required to facilitate the rehabilitation;

• (c) that the services be provided as soon as practicable; and

• (d) that the services provided be focused on building the applicant’s education, skills, training and experience.

9 For the purpose of paragraph 10(5)(a) and 13(4)(a) of the Act, the Minister shall have regard to the following factors:

• (a) the potential for improvement to an applicant’s physical, psychological and social functioning, employability and quality of life;

• (b) the need for family members to be involved in the provision of services;

• (c) the availability of local resources;

• (d) the motivation, interest and aptitudes of the applicant;

• (e) the cost of the plan; and

• (f) the duration of the plan.

10 An application for rehabilitation services or vocational assistance shall be in writing and shall be accompanied by

• (a) in the case of a veteran’s application, medical reports or records that document the veteran’s health problem;

• (b) in the case of a survivor’s application,

  • (i) a copy of the death certificate of the member or veteran, and

  • (ii) medical reports or other records that document the member’s or veteran’s injury or disease, diagnosis and cause of death;

• (c) information in relation to the applicant’s employment history;

• (d) information in relation to the applicant’s education, skills, training and experience;

• (e) a declaration attesting to the truth of the information provided; and

• (f) at the request of the Minister, any other information that is necessary to enable the Minister to assess the applicant’s eligibility for the services or assistance.

• 11 (1) An application under subsection 11(1) of the Act shall be made no later than 1 year after the day on which the Minister determines that the veteran would not benefit from vocational rehabilitation as a result of being totally and permanently incapacitated by the physical or mental health problem in respect of which the rehabilitation services were approved.

• (2) An application under section 12 of the Act shall be made no later than 1 year after the day on which the member or veteran dies.

• 12 (1) A person who is in receipt of rehabilitation services or vocational assistance shall provide, at the request of the Minister, the following information relating to the provision of the services or assistance:

  • (a) attendance reports;

  • (b) evaluations, assessments and progress reports; and

  • (c) any other information that is necessary to enable the Minister to assess the person’s continued eligibility for the services or assistance.

• (2) If a person fails to comply with a request under subsection (1), the Minister may suspend the delivery of rehabilitation services or vocational assistance until the information or documents are provided.

• (3) Before suspending the delivery of services or assistance, the Minister shall provide the person with written notification of the reasons for the suspension and the effective date of the suspension.

13 The Service Income Security Insurance Plan Long Term Disability (LTD) is prescribed for the purpose of subsection 16(1) of the Act.

• 14 (1) For the purposes of section 17 of the Act, the Minister may cancel a person’s rehabilitation plan or vocational assistance plan if

  • (a) the person does not participate to the extent required to meet the goals of the plan;

  • (b) the person’s eligibility for the plan or the development of the plan was based on a misrepresentation or the concealment of a material fact; or

  • (c) the person, at least 6 months after the effective date of a suspension, continues to fail to comply with a request made under subsection 12(1).

• (2) On cancelling a rehabilitation plan or vocational assistance plan, the Minister shall provide the person with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights of review.

• 15 (1) The Minister may pay reasonable expenses in respect of the following costs arising out of a person’s participation in a rehabilitation plan or a vocational assistance plan:

  • (a) in the case of training,

    • (i) tuition costs, to a maximum of $20,000,

    • (ii) books,

    • (iii) supplies, to a maximum of $40 per month,

    • (iv) Internet fees, to a maximum of $25 per month,

    • (v) other costs, such as those for licensing or examinations, that are identified by the training facility before the program begins, to a maximum of $500,

    • (vi) the costs of basic safety equipment and special clothing, other than breathing apparatus, pressure suits or environmental testing equipment, that are not otherwise provided by the training facility, to a maximum of $300,

    • (vii) the cost of a tutor referred by the training facility, to a maximum of 10 hours,

    • (viii) the costs of transportation to and from the training facility at a rate of 15 cents per kilometre to a maximum of $500 per month or, in the alternative, the cost of a monthly transit pass,

    • (ix) the costs of parking for a person who holds a disabled parking card from the province in which the training is provided if the training facility does not provide disabled parking,

    • (x) if the approved training is not available at a training facility located within a distance that would allow for daily commuting from the person’s residence,

      • (A) the costs of temporary accommodations, to a maximum of $500 per month in the case of accommodations for the person, or to a maximum of $1,000 per month if accommodations are required for the person and any dependants, and

      • (B) the cost of 2 return trips from the person’s residence to the location of the training facility, and

    • (xi) 50% of the cost of additional dependant care, to a maximum of $750 per month; and

  • (b) in the case of services, other than training,

    • (i) the costs of meals, transportation and accommodations incurred by the person in accordance with the rates set out in the Treasury Board Travel Directive, as amended from time to time, subject to the following conditions:

      • (A) if the means of transportation is a taxi, $5.00 shall be deducted from the cost of each trip unless the person’s mobility or cognition is severely impaired or the deduction would severely impede the person’s ability to access the services, or

      • (B) if the means of transportation is an automobile other than a taxi, the costs of transportation shall be paid at the rate applicable to employees of the public service of Canada who have requested the use of their own automobile plus 2 cents per kilometre and shall include the costs of parking,

    • (ii) if the person’s health needs in respect of the rehabilitation plan require the person to be accompanied by an escort while travelling, the costs of the escort’s meals, transportation and accommodations in accordance with subparagraph (i),

    • (iii) the remuneration of an escort referred to in subparagraph (ii) if the escort is not the spouse, the common-law partner or a dependent of the person or any other member of that person’s household, at a daily rate computed by dividing by 30 the sum of basic and additional pension payable for a spouse or common-law partner at the rate set out in class 1 of Schedule I to the Pension Act, as adjusted in accordance with Part V of that Act, and

    • (iv) the costs of additional dependant care, to a maximum of $75 per day.

• (2) If a person receives rehabilitation services or vocational assistance in a country other than Canada, the costs referred to in paragraph (1)(b) are payable at the same rates and subject to the same conditions that are established for former members of the armed forces of that country for similar costs, or, if no such rates or conditions are established, at the rates and conditions that would be payable if the person were resident in Canada.

• (3) The Minister may authorize the payment of costs at a rate that is higher than the rate set out in paragraph (1)(a) if the Minister is satisfied that the higher rate is necessary in order to provide an appropriate standard of service considering the location and availability of training and any special or extraordinary expenses associated with it.

16 A claim for reimbursement must be made in writing within one year after the day on which the expenditure is incurred and must include proof of the expenditure.

Earnings Loss Benefit

17 An application under subsection 18(1) or 22(1) of the Act shall be in writing and shall include

• (a) information relating to the imputed income of the veteran and all amounts payable from sources prescribed under subsection 19(1) or 23(3) of the Act;

• (b) in the case of an application made under subsection 22(1) of the Act,

  • (i) a copy of the death certificate of the member or veteran, and

  • (ii) medical reports or other records that document the member or veteran’s injury or disease, diagnosis and cause of death;

• (c) a declaration attesting to the truth of the information provided; and

• (d) at the request of the Minister, any other information that is necessary to enable the Minister to determine eligibility for the benefit or the amount payable.

18 Subject to section 21 and for the purpose of subsection 19(1) of the Act, the imputed income of a veteran referred to in subsection 8(1) of the Act is equal to

• (a) in the case of a veteran whose final release was from the regular force, the greater of the veteran’s monthly military salary at the time of release and the monthly military salary for a senior private in the standard pay group at that time, adjusted until the benefit is payable; and

• (b) in the case of a veteran whose final release was from the reserve force, if the event that resulted in the health problem occurred

  • (i) during regular force service, the greater of the veteran’s monthly military salary at the time of release from the regular force and the monthly military salary for a senior private in the standard pay group at that time, adjusted until the benefit is payable,

  • (ii) at any time during Class C Reserve Service, the greater of veteran’s monthly military salary and the monthly military salary for a senior private in the standard pay group at that time, adjusted from the date of completion of the Class C Reserve Service until the benefit is payable,

  • (iii) at any time during Class B Reserve Service of more than 180 days, the veteran’s monthly military salary at that time updated to the salary rate in effect at the time of their release and adjusted until the benefit is payable, and

  • (iv) during Class A Reserve Service or Class B Reserve Service of no more than 180 days, $2,000.

19 Subject to section 21 and for the purpose of subsection 19(1) of the Act, the imputed income of a veteran referred to in subsection 9(1) of the Act is equal to

• (a) in the case of a veteran who was released from the regular force, the greater of the veteran’s monthly military salary at the time of release and the monthly military salary for a senior private in the standard pay group at that time, adjusted until the benefit is payable; and

• (b) in the case of a veteran who was released from the reserve force, if the injury or disease that led to the release was incurred or contracted

  • (i) during regular force service, the greater of the veteran’s monthly military salary at the time of release from that service and the monthly military salary for a senior private in the standard pay group at that time, adjusted until the benefit is payable,

  • (ii) at any time during Class C Reserve Service, the greater of the veteran’s monthly military salary and the monthly military salary for a senior private in the standard pay group at that time, adjusted from the completion of the Class C Reserve Service until the benefit is payable,

  • (iii) at any time during Class B Reserve Service of more than 180 days, the veteran’s monthly military salary at that time updated to the salary rate in effect at the time of release and adjusted until the benefit is payable, and

  • (iv) during Class A Reserve Service or Class B Reserve Service of no more than 180 days, $2,000.

20 Subject to section 21 and for the purposes of subsection 23(1) of the Act, the imputed income for a member or veteran is equal to

• (a) in the case of a member who dies during regular force service, the greater of the member’s monthly military salary at the time of death and the monthly military salary for a senior private in the standard pay group at that time, adjusted until the benefit is payable;

• (b) in the case of a member who dies during reserve force service, if the injury or disease that resulted in the death was incurred, contracted or aggravated, as the case may be,

  • (i) during regular force service, the greater of the member’s monthly military salary at the time of release from the regular force service and the monthly military salary for a senior private in the standard pay group at that time, adjusted until the benefit is payable,

  • (ii) at any time during Class C Reserve Service, the greater of the monthly military salary of the member and the monthly military salary for a senior private in the standard pay group at that time, adjusted from the earlier of the date of completion of the Class C Reserve Service and the date of the member’s death until the benefit is payable,

  • (iii) at any time during Class B Reserve Service of more than 180 days, the member’s monthly military salary at that time updated to the salary rate in effect at the time of the member’s death and adjusted until the benefit is payable, and

  • (iv) during Class A Reserve Service or Class B Reserve Service of no more than 180 days, $2,000;

• (c) in the case of a deceased veteran whose final release was from the regular force, the greater of the veteran’s monthly military salary at the time of release and the monthly military salary for a senior private in the standard pay group at that time, adjusted until the benefit is payable; and

• (d) in the case of a deceased veteran whose final release was from the reserve force, if the injury or disease that resulted in the death was incurred, contracted or aggravated, as the case may be,

  • (i) during regular force service, the greater of the veteran’s monthly military salary at the time of release from the regular force and the monthly military salary for a senior private in the standard pay group at that time, adjusted until the benefit is payable,

  • (ii) at any time during Class C Reserve Service, the greater of the veteran’s monthly military salary and the monthly military salary for a senior private in the standard pay group at that time, adjusted from the date of completion of the Class C Reserve Service until the benefit is payable,

  • (iii) at any time during Class B Reserve Service of more than 180 days, the veteran’s monthly military salary at that time updated to the salary rate in effect at the time of the release and adjusted until the benefit is payable, and

  • (iv) during Class A Reserve Service or Class B Reserve Service of no more than 180 days, $2,000.

• 21 (1) The monthly military salary referred to in sections 18 to 20 shall be adjusted annually on January 1 in accordance with the percentage increase to the Consumer Price Index, rounded to the next 1/4%, for the year ending on September 30 of the previous year to a maximum of 2% per year.

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

22 The following sources are prescribed for the purpose of the amount of variable B in subsection 19(1) of the Act:

• (a) disability pension benefits payable under the Pension Act;

• (b) benefits payable under the Canadian Forces Superannuation Act, the Public Service Superannuation Act or the Employment Insurance Act;

• (c) benefits payable, other than amounts payable for a dependent child, under the Canada Pension Plan or the Quebec Pension Plan;

• (d) benefits payable under any employer-sponsored long-term disability insurance plan;

• (e) benefits payable in respect of economic loss under the Government Employees Compensation Act or any provincial workers’ compensation legislation;

• (f) amounts payable in respect of economic loss arising from legal liability to pay damages;

• (g) amounts payable under an employer pension plan;

• (h) employment earnings payable while the veteran is not participating in a rehabilitation plan or vocational assistance plan developed by the Minister or where the veteran is participating in such a plan and the sum of the earnings loss payable for a month plus the employment earnings for the month exceeds the veteran’s imputed income; and

• (i) 50% of employment earnings payable while the veteran is participating in a rehabilitation plan or vocational assistance plan developed by the Minister so long as the sum of the earnings loss payable for a month plus the employment earnings for the month does not exceed the veteran’s imputed income.

23 The following sources are prescribed for the purpose of subsection 23(3) of the Act:

• (a) benefits payable under the Pension Act other than amounts payable for a dependent child;

• (b) benefits payable under the Canadian Forces Superannuation Act or the Public Service Superannuation Act other than amounts payable for a dependent child;

• (c) benefits payable under the Canada Pension Plan or the Quebec Pension Plan other than amounts payable for a dependent child;

• (d) benefits payable under any employer-sponsored long-term disability insurance plan other than amounts payable for a dependent child;

• (e) benefits payable in respect of economic loss under the Government Employees Compensation Act or any provincial workers’ compensation legislation other than amounts payable for a dependent child;

• (f) amounts payable in respect of economic loss arising from legal liability to pay damages; and

• (g) amounts payable under an employer pension plan other than amounts payable for a dependent child.

24 If any amount referred to in section 22 or 23 is paid as a lump sum, it shall be converted into a monthly payment in accordance with generally accepted actuarial principles.

• 25 (1) A person who is in receipt of an earnings loss benefit — or would, but for their level of income, be in receipt of it — shall

  • (a) in the case of a veteran,

    • (i) notify the Minister of any change to employment earnings, and

    • (ii) provide the Minister with an annual statement of employment earnings;

  • (b) notify the Minister of any changes to benefits or amounts payable from sources referred to under section 22 or 23 other than increases resulting from indexation;

  • (c) provide the Minister with annual statements of benefits or amounts payable from sources referred to in section 22 or 23; and

  • (d) at the request of the Minister, provide information referred to in any of paragraphs (a) to (c) or any other information that is necessary to enable the Minister to assess the person’s eligibility for earnings loss or to determine the amount of benefit payable.

• (2) The Minister may suspend payment of an earnings loss benefit to a person who fails to comply with subsection (1) until the information is provided.

• (3) Before suspending payment of an earnings loss benefit, the Minister shall provide the person with written notification of the reasons for the suspension and the effective date of the suspension.

• 26 (1) The Minister may cancel payment of an earnings loss benefit under section 21 of the Act

  • (a) if the veteran, at least 6 months after the effective date of a suspension, continues to fail to comply with subsection 25(1); or

  • (b) if the veteran’s eligibility for the benefit or the determination of the amount payable was based on a misrepresentation or the concealment of a material fact.

• (2) On cancelling the earnings loss benefit, the Minister shall provide the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights of review.

• 27 (1) Subject to subsection (3), the value of variable A and variable B described in subsection 19(1) of the Act shall be adjusted annually on January 1 in accordance with the percentage increase to the Consumer Price Index, rounded to the next 1/4%, for the year ending on September 30 of the previous year to a maximum of 2% per year.

• (2) Subject to subsection (3), the value of the benefit referred to in subsection 23(1) of the Act and the amount determined under subsection 23(3) of the Act shall be adjusted annually on January 1 in accordance with the percentage increase, rounded to the next 1/4%, to the Consumer Price Index for the year ending September 30 of the previous year to a maximum of 2% per year.

• (3) The adjustment at the source to amounts or benefits payable from sources referred to in section 22 or 23 shall not be considered in the valuation of variable B or amounts determined under subsection 23(3) of the Act.

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

Supplementary Retirement Benefit

28 An application for a supplementary retirement benefit shall be in writing and shall include

• (a) in the case of an application of a survivor,

  • (i) a copy of the death certificate of the veteran, and

  • (ii) medical reports or other records that document the veteran’s injury or disease, diagnosis and cause of death;

• (b) a declaration attesting to the truth of the information provided; and

• (c) at the request of the Minister, any other information necessary to determine whether the applicant is eligible to receive the benefit or the amount payable.

29 The supplementary retirement benefit shall be paid as a lump sum in an amount equal to 2% of the total amount of earnings loss benefit that would have been payable to or in respect of the member or veteran, as the case may be, if no amounts from sources prescribed under subsection 19(1) or 23(3) of the Act were considered in determining the amount of earnings loss benefit payable.

Canadian Forces Income Support Benefit

30 An application for a Canadian Forces income support benefit shall be in writing and shall be accompanied by

• (a) a statement of income of the applicant and, if applicable, of their spouse or common-law partner;

• (b) in the case of an application of a survivor or orphan,

  • (i) a copy of the death certificate of the member or veteran, and

  • (ii) medical reports or other records that document the member’s or veteran’s injury or disease, diagnosis and cause of death;

• (c) a declaration attesting to the truth of the information provided; and

• (d) at the request of the Minister, any other information that is necessary to enable the Minister to assess whether the applicant is eligible for the benefit or the amount of benefit payable.

31 The application shall be made

• (a) in the case of an initial application under section 27 of the Act, no later than 6 months after the last day of the last month in which the veteran was entitled to the earnings loss benefit;

• (b) in the case of an initial application under section 28 of the Act, no later than 6 months after the last day of the month in which the veteran dies; and

• (c) in the case of a subsequent application under section 27 or 28 of the Act, no later than 6 months after the last day of the month in which the benefit ceases to be payable under subsection 35(6) of the Act.

32 For the purposes of paragraphs 27(b), 28(b) and 35(6)(b) of the Act, the veteran or survivor, as the case may be, must demonstrate that they are looking for and will accept employment that is available in the local labour market for which they are reasonably qualified by reason of their education, training or experience.

33 For the purposes of section 33 and 34 of the Act, a person’s residence in Canada is presumed not to be interrupted if the person has been absent from Canada for 183 days or less in a calendar year.

• 34 (1) A person who is in receipt of a Canadian Forces income support benefit shall

  • (a) notify the Minister of changes in income, or changes to monthly benefits payable from the sources referred to in section 37;

  • (b) in the case of a veteran, notify the Minister of changes in income, or changes in monthly benefits payable to their spouse or common-law partner from the sources referred to in section 37;

  • (c) in the case of a veteran, notify the Minister of changes to their spousal or common-law partner status and number of dependent children;

  • (d) in the case of an orphan, notify the Minister when they cease to follow a course of instruction;

  • (e) notify the Minister when they intend to be absent from Canada for more than 183 days in a calendar year; and

  • (f) at the request of the Minister, provide the information referred to in any of paragraphs (a) to (e) or any other information that is necessary to enable the Minister to assess the eligibility of the person or determine the amount of benefit payable.

• (2) For the purposes of section 36 of the Act, the Minister may suspend the payment of a Canadian Forces income support benefit to a person who fails to comply with paragraph (1)(f) until the information is provided.

• (3) Before suspending the payment, the Minister shall provide the person with written notification of the reasons for the suspension and the effective date of the suspension.

• 35 (1) For the purposes of section 36 of the Act, the Minister may cancel the payment of a Canadian Forces income support benefit to a person if

  • (a) the person, at least 6 months after the effective date of the suspension, continues to fail to comply with paragraph 34(1)(f); or

  • (b) the person’s eligibility for the benefit or the determination of the amount payable was based on a misrepresentation or the concealment of a material fact.

• (2) On cancelling the payment, the Minister shall provide the person with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights of review.

36 For the purposes of section 37 of the Act, the following definitions apply.

base calendar year

base calendar year means the 12-month period starting with any month in which the Canadian Forces income support benefit is payable. (année civile de base)

income

income, in respect of a person for a base calendar year, has the same meaning as in section 2 of the Old Age Security Act except that

• (a) it does not include the aggregate of net income from employment, self-employment or rental of property that is equal to or less than

  • (i) in the case of a veteran with no spouse or common-law partner, $2,900,

  • (ii) in the case of a veteran with a spouse or common-law partner, $4,200,

  • (iii) in the case of a survivor, $2,900, and

  • (iv) in the case of an orphan, $2,900;

• (b) it does not include interest income that, in the case of a veteran, survivor or orphan, is equal to or less than $140;

• (c) it does not include earnings loss benefits payable under section 18 or 22 of the Act;

• (d) it does not include long-term disability benefits payable under the Service Income Security Insurance Plan Long Term Disability (LTD);

• (e) paragraph (d) of the definition “income” in section 2 of the Old Age Security Act does not apply;

• (f) business and capital losses shall be taken into account in the year in which they occur; and

• (g) dividend income shall be taken into account on the basis of the actual amount of the dividend. (revenu)

37 For the purposes of section 37 of the Act, the prescribed sources of current monthly benefits are

• (a) earnings loss benefits payable under the Act;

• (b) long-term disability benefits payable under the Service Income Security Insurance Plan Long Term Disability (LTD);

• (c) disability pension benefits payable under the Pension Act, the Royal Canadian Mounted Police Pension Continuation Act or the Royal Canadian Mounted Police Superannuation Act other than amounts payable in respect of dependant children;

• (d) benefits payable under the Old Age Security Act; and

• (e) compassionate awards payable under section 34 of the Veterans Review and Appeal Board Act to those persons who have been refused a disability pension under the Pension Act.

• 38 (1) The amounts set out in column 2 of Schedule 1 to the Act shall be adjusted quarterly commencing on January 1 of each year in accordance with the percentage increase to the Consumer Price Index for the quarter ending on the last day of the third month prior to the month of the adjustment.

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

39 If a pension or supplement, as those terms are defined in section 2 of the Old Age Security Act, is increased as a result of an amendment to that Act, the amounts set out in column 2 of items 1, 2 and 4 of Schedule 1 to the Act shall be increased in the following manner:

• (a) the amounts set out in items 1 and 4 shall be increased by the amount of the increase for a single pensioner under the Old Age Security Act; and

• (b) the amount set out in item 2 shall be increased by an amount equal to the difference between the increase to the amount for a couple under the Old Age Security Act and the increase to the amount for a single pensioner under the Old Age Security Act.

Permanent Impairment Allowance

40 For the purpose of section 38 of the Act, a permanent and severe impairment is

• (a) an amputation at or above the elbow or the knee;

• (b) the amputation of more than one upper or lower limb at any level;

• (c) a total and permanent loss of the use of a limb;

• (d) a total and permanent loss of vision, hearing or speech;

• (e) a severe and permanent psychiatric condition;

• (f) a permanent requirement for the physical assistance of another person for most activities of daily living; or

• (g) a permanent requirement for supervision.

41 The Minister shall determine the extent of the impairment, taking into consideration

• (a) the need for institutional care;

• (b) the need for supervision and assistance;

• (c) the degree of the loss of use of a limb;

• (d) the frequency of the symptoms;

• (e) the degree of the psychiatric impairment; and

• (f) the degree of loss-of-earnings capacity for persons with similar impairments.

42 An application for a permanent impairment allowance shall be made in writing and shall include

• (a) medical reports or other records that document the veteran’s health problem creating the permanent and severe impairment;

• (b) a declaration attesting to the truth of the information provided; and

• (c) at the request of the Minister, any other information that is necessary to enable the Minister to assess whether the veteran is eligible for a permanent impairment allowance and the amount payable.

43 A permanent impairment allowance shall be paid monthly.

• 44 (1) The amounts set out in column 2 of items 1 and 2 of Schedule 2 to the Act shall 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.

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

• 45 (1) A person who is in receipt of a permanent impairment allowance shall provide, on request, medical records, reports or any other information that is necessary to enable the Minister to assess eligibility for the permanent impairment allowance or the amount payable.

• (2) The Minister may suspend the payment of a permanent impairment allowance to a person who fails to comply with subsection (1) until the information is provided.

• (3) Before suspending the payment of a permanent impairment allowance to a person, the Minister shall provide the person with written notification of the reasons for the suspension and the effective date of the suspension.

46 On cancelling the payment of a permanent impairment allowance under subsection 40(2) of the Act, the Minister shall provide the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights of review.

PART 3Death, Disability and Detention

Interpretation

47 The following definitions apply in this Part.

obvious

obvious, when used with reference to a disability or disabling condition of a member or veteran at the time they became a member, means that the disability or disabling condition was apparent at that time or would have been apparent to an unskilled observer on examination of the member or veteran at that time. (évident)

recorded on medical examination prior to enrolment

recorded on medical examination prior to enrolment, in respect of a disability or disabling condition of a member or veteran, means a written record, X-ray film or photograph of the disability or disabling condition that was placed in

• (a) a medical report made on the enrolment of the member or veteran;

• (b) official documentation covering a former period of service of the member or veteran;

• (c) the files of the Department of Veterans Affairs relating to the member or veteran;

• (d) the records of a compensation board or insurance company relating to the member or veteran; or

• (e) the records of a medical practitioner or a clinic, hospital or other medical institution relating to the member or veteran. (consigné lors d’un examen médical avant l’enrôlement)

Application

48 An application for compensation under Part 3 of the Act shall be made in writing and shall include

• (a) a declaration attesting to the truth of the information provided; and

• (b) at the request of the Minister, any information that is necessary to enable the Minister to assess whether an applicant is eligible for compensation and the amount of compensation payable.

Disability Awards

49 An application for a disability award shall include

• (a) medical reports or other records that document the member’s or veteran’s injury or disease, diagnosis, disability and increase in the extent of the disability; and

• (b) in the case of an application by a survivor or a dependant child,

  • (i) a copy of the death certificate of the member or veteran, and

  • (ii) medical reports or other records that document the cause of death of the member or veteran.

50 For the purposes of subsection 45(1) of the Act, a member or veteran is presumed, in the absence of evidence to the contrary, to have established that an injury or disease is a service-related injury or disease, or a non-service-related injury or disease that was aggravated by service, if it is demonstrated that the injury or disease or its aggravation was incurred in the course of

• (a) any physical training or sports activity in which the member or veteran was participating that was authorized or organized by a military authority, or performed in the interests of the service although not authorized or organized by a military authority;

• (b) any activity incidental to or directly connected with an activity described in paragraph (a), including the transportation of the member or veteran by any means between the place at which the member or veteran normally performed duties and the place of the activity;

• (c) the transportation of the member or veteran, in the course of duties, in a military vessel, vehicle or aircraft or by any means of transportation authorized by a military authority, or any act done or action taken by any person that was incidental to or directly connected with that transportation;

• (d) the transportation of the member or veteran while on authorized leave by any means authorized by a military authority, other than public transportation, between the place at which the member or veteran normally performed duties and the place at which the member or veteran was to take leave or a place at which public transportation was available;

• (e) service in an area in which the prevalence of the disease that was contracted by the member or veteran, or that aggravated an existing injury or disease of the member or veteran, constituted a health hazard to persons in that area;

• (f) any military operation, training or administration, as a result of either a specific order or an established military custom or practice, whether or not a failure to perform the act that resulted in the injury or disease or its aggravation would have resulted in disciplinary action against the member or veteran; or

• (g) the performance by the member or veteran of any duties that exposed the member or veteran to an environmental hazard that might reasonably have caused the injury or disease or its aggravation.

51 Subject to section 52, if an application for a disability award is in respect of a disability or disabling condition of a member or veteran that was not obvious at the time they became a member of the forces and was not recorded on their medical examination prior to enrolment, the member or veteran is presumed to have been in the medical condition found on their enrolment medical examination unless there is

• (a) recorded evidence that the disability or disabling condition was diagnosed within three months after enrolment; or

• (b) medical evidence that establishes beyond a reasonable doubt that the disability or disabling condition existed prior to enrolment.

52 Information given by a member or veteran at the time of enrolment with respect to a disability or disabling condition is not evidence that the disability or disabling condition existed prior to their enrolment unless there is corroborating evidence that establishes beyond a reasonable doubt that the disability or disabling condition existed prior to the time they became a member of the forces.

• 53 (1) The following definitions apply in this section and section 54.

  actuarial compensatory amount

  actuarial compensatory amount means, if an additional amount is paid or payable on a periodic basis from a source set out in subsection (2), the present value of those periodic payments, determined in accordance with subsection 54(2). (somme compensatoire actuarielle)

  additional amount

  additional amount means an amount other than a disability award that is paid or payable to a member or veteran for noneconomic loss in respect of a disability for which a disability award is payable. (somme supplémentaire)

  compensatory amount

  compensatory amount means an additional amount that is paid or payable as a lump sum from a source set out in subsection (2). (somme compensatoire)

• (2) For the purposes of subsection 52(3) of the Act, a disability award payable to a member or veteran shall be reduced by the amount determined in accordance with subsection 54(1) if an additional amount is paid or payable from the following sources:

  • (a) amounts arising from a legal liability to pay damages; and

  • (b) benefits under

    • (i) the Government Employees Compensation Act,

    • (ii) any provincial workers’ compensation legislation,

    • (iii) a compensation plan established by any other legislation of a similar nature, whether federal, provincial or of another jurisdiction other than a plan to which the member or veteran has contributed, and

    • (iv) a compensation plan of a similar nature established by the United Nations or by or under an international agreement to which Canada is a party, other than a plan to which the member or veteran has contributed.

• 54 (1) For the purposes of subsection 52(3) of the Act, a disability award shall be reduced

  • (a) if a compensatory amount is paid or payable to the member or veteran, by either the compensatory amount or the full amount of the disability award, whichever is less; or

  • (b) if an additional amount is paid or payable to the member or veteran on a periodic basis, by either the actuarial compensatory amount or the full amount of the disability award, whichever is less.

• (2) The present value of an additional amount paid on a periodic basis

  • (a) if the payor of the additional amount has calculated its present value, is that additional amount; or

  • (b) if the payor has not calculated its present value, is the amount determined by the following formula:

    PV = R[1-(1+i)^-n]/i

    where

    PV

    the present value,

    R

    is the amount of the periodic payment,

    i

    is the discount rate used to value the liability for veteran future benefits as published in the Public Accounts of Canada for the fiscal year prior to the date of the calculation, and

    n

    is the number of periodic payments to be made by the payor.

• (3) If the disability award of a member or veteran has been reduced in accordance with paragraph (1)(b) and the member or veteran subsequently dies before receiving periodic payments totalling the actuarial compensatory amount, the reduction of the disability award shall be recalculated so that the disability award is reduced by the lesser of

  • (a) the full amount of the disability award, and

  • (b) the present value of the periodic payments received by the member or veteran before their death, determined by the formula set out in paragraph (2)(b).

• (4) If the recalculation of the reduction results in an increase in the amount of the disability award, the following amount shall be paid to the survivor or the dependant child of the member or veteran in accordance with section 55 of the Act:

  • (a) if the original reduction under paragraph (1)(b) was equal to the full amount of the disability award, the entire amount of the increased disability award; or

  • (b) if the original reduction under paragraph (1)(b) was less than the full amount of the disability award, the difference between the increased disability award and the amount of the original disability award paid to the member or veteran.

Death Benefit

55 An application for a death benefit shall include medical reports or other records that document the member’s injury or disease, diagnosis and cause of death.

56 The presumptions set out in section 50 apply with any necessary modifications to applications for a death benefit.

• 57 (1) The following definitions apply in this section and section 58.

  actuarial compensatory amount

  actuarial compensatory amount means, if an additional amount is paid or payable on a periodic basis from a source set out in subsection 53(2), the present value of those periodic payments, determined in accordance with subsection 58(2). (somme compensatoire actuarielle)

  additional amount

  additional amount means an amount other than a death benefit that is paid or payable to a person for non-economic loss in respect of a death for which a death benefit is payable. (somme supplémentaire)

  compensatory amount

  compensatory amount means an additional amount paid or payable as a lump sum from a source set out in subsection 53(2). (somme compensatoire)

• (2) For the purposes of subsection 58(2) of the Act, a death benefit payable to a person shall be reduced by the amount determined in accordance with subsection 58(1) if an additional amount is paid or payable from a source set out in subsection 53(2).

• 58 (1) For the purposes of subsection 58(2) of the Act, a death benefit shall be reduced

  • (a) if a compensatory amount is paid or payable to a person, by either the compensatory amount or the full amount of the death benefit, whichever is less; or

  • (b) if an additional amount is paid or payable to a person on a periodic basis, by either the actuarial compensatory amount or the full amount of the death benefit, whichever is less.

• (2) The present value of an additional amount paid on a periodic basis

  • (a) if the payor of the additional amount has calculated its present value, is that additional amount; or

  • (b) if the payor has not calculated its present value, is the amount determined by the formula set out in paragraph 54(2)(b).

Clothing Allowance

59 A clothing allowance shall be paid monthly.

Detention Benefit

60 An application for a detention benefit by the testamentary estate or testamentary succession of a deceased member or veteran must include

• (a) a copy of the death certificate of the member or veteran;

• (b) a copy of the last will and testament of the member or veteran; and

• (c) a copy of the letters probate or other applicable documentation demonstrating the appointment of an executor.

61 A detention benefit shall be paid as a lump sum in an amount equal to the amount set out in column 3 of Schedule 3 to the Act, as adjusted in accordance with section 63, for each of the following classes set out in column 1 of that Schedule, which classes correspond to the following periods of detention:

• (a) class 20 in respect of periods of detention totalling at least 30 days but not more than 88 days;

• (b) class 19 in respect of periods of detention totalling at least 89 days but not more than 545 days;

• (c) class 18 in respect of periods of detention totalling at least 546 days but not more than 910 days;

• (d) class 15 in respect of periods of detention totalling at least 911 days but not more than 1,275 days;

• (e) class 14 in respect of periods of detention totalling at least 1,276 days but not more than 1,641 days; and

• (f) class 13 in respect of periods of detention totalling at least 1,642 days.

General

62 A person who receives a detention benefit or a death benefit, or a disability award equal to or greater than the amount set out in column 3 of Schedule 3 to the Act as adjusted in accordance with section 63, that corresponds to class 20 set out in column 1 of that Schedule is eligible, on application, for the payment or reimbursement of fees for financial advice, to a maximum of $500, relating to the award or benefit if

• (a) the financial advice is provided by an arms-length financial adviser who is primarily engaged in the business of providing financial advice; and

• (b) the person makes the application within 12 months after the date of the decision and provides an invoice containing the name and business address of the financial adviser and, if applicable, proof of payment.

• 63 (1) In this section, basic pension means the monthly basic pension payable under Schedule I to the Pension Act to a Class 1 pensioner without a spouse, common-law partner or child.

• (2) The amounts set out in column 2 of items 3 and 4 of Schedule 2 to the Act and all the amounts in column 3 of Schedule 3 to the Act shall be adjusted on January 1 of every calendar year so that the amount payable for that year equals the product obtained by multiplying

  • (a) the amount payable in the preceding calendar year

  by

  • (b) the ratio that the basic pension payable in the calendar year bears to the basic pension payable in the preceding calendar year.

64 A decision of the Minister with respect to an award under Part 3 of the Act shall contain the reasons for the decision.

65 The Minister shall send written notice of a decision made under Part 3 of the Act to the applicant and shall inform the applicant of their right

• (a) to a review of the decision under section 84 or 85 of the Act; and

• (b) to be represented before the Board

  • (i) free of charge, by the Bureau of Pensions Advocates or by a service bureau of a veterans’ organization, or

  • (ii) at the applicant’s own expense, by any other representative.

PART 4General

Reimbursement of Travel and Living Expenses — Medical Examination

• 66 (1) For the purpose of subsection 74(1) of the Act, the Minister shall pay the costs of meals, transportation and accommodations in accordance with the rates set out in the Treasury Board Travel Directive, as amended from time to time, subject to the following conditions:

  • (a) if the means of transportation is a taxi, $5.00 shall be deducted from the cost of each trip unless the person’s mobility or cognition is severely impaired or the deduction would severely impede the person’s ability to access the medical examination or assessment; and

  • (b) if the means of transportation is an automobile other than a taxi, the costs of transportation are payable at the rate applicable to employees of the public service of Canada who have requested the use of their own automobile plus 2 cents per kilometre and shall include the costs of parking.

• (2) If a person undergoes a medical examination or an assessment in a country other than Canada, the payment of the expenses shall be made at the same rate and subject to the same conditions as the rates and conditions that are established for former members of the armed forces of that country for similar costs, or, if no such rates are established, at the rates that would be payable if the person were resident in Canada.

67 A claim for reimbursement shall be made in writing no later than one year after the day on which the expenditure is incurred and must include proof of the expenditures.

Review

• 68 (1) An application referred to in section 83 of the Act must be made in writing no later than 60 days after receiving notice of the decision unless circumstances beyond the control of the applicant necessitate a longer period.

• (2) The review shall be based only on written submissions.

• (3) The Minister may confirm, amend or rescind the decision under review.

• (4) The Minister shall notify the applicant in writing of the decision setting out the reasons for the decision.

• 69 (1) An application for a review of a decision made under subsection 68(3) must be made in writing no later than 60 days after receiving notice of the decision unless circumstances beyond the control of the applicant necessitate a longer period.

• (2) The application must include the grounds for the review.

• (3) The review shall be based only on written submissions.

• (4) The Minister may confirm the decision under review or may amend or rescind it on the basis of new evidence or on the Minister’s determination that there was an error with respect to a finding of fact or the interpretation of a law.

• (5) The Minister shall notify the applicant in writing of the decision setting out the reasons for the decision.

• (6) A decision made under this section is not reviewable on application.

• 70 (1) An application for a review of a decision made under Part 3 of the Act must be made in writing.

• (2) The application must include the grounds for the review.

• (3) The review shall be based only on written submissions.

• 71 (1) If the Minister reviews a decision on the Minister’s own motion under section 83 of the Act, the Minister may confirm the decision, or may amend or rescind the decision if there is an error with respect to the finding of any fact or the interpretation of any law.

• (2) Before amending or rescinding a decision on the Minister’s own motion under section 83 or 84 of the Act, the Minister shall provide the person affected by the decision with an opportunity to respond in writing.

• 72 (1) The Minister shall notify the applicant in writing of a decision made under section 83 or 84 of the Act setting out the reasons for the decision.

• (2) The Minister shall inform the applicant of their right to have the Minister’s decision under section 84 of the Act reviewed by the Board under section 85 of the Act, and of their right to be represented before the Board

  • (a) free of charge, by the Bureau of Pensions Advocates or by a service bureau of a veterans’ organization; or

  • (b) at the applicant’s own expense, by any other representative.

Related Amendments

Veterans Health Care Regulations

73 [Amendments]

74 [Amendments]

75 [Amendment]

76 [Amendments]

77 [Amendments]

78 [Amendment]

79 [Amendment]

80 [Amendments]

81 [Amendment]

82 [Amendment]

83 [Amendment]

Veterans Burial Regulations, 2005

84 [Amendment]

85 [Amendments]

86 [Amendment]

87 [Amendment]

88 [Amendments]

89 [Amendment]

Coming into Force

Footnote ^*90 These Regulations come into force on the day on which section 94 of the Canadian Forces Members and Veterans Re-stablishment and Compensation Act comes into force.

• Return to footnote ^*[Note: Regulations in force April 1, 2006, see SI/2006-54.]