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Canadian Forces Members and Veterans Re-establishment and Compensation Act (S.C. 2005, c. 21)

Assented to 2005-05-13

Marginal note:2003, c. 12, s. 3

108. Sections 91.1 to 91.5 of the Act are repealed.

R.S., c. R-11Royal Canadian Mounted Police Superannuation Act

Marginal note:2003, c. 12, s. 4

  • 109. (1) Subsection 32.1(1) of the Royal Canadian Mounted Police Superannuation Act is replaced by the following:

    Marginal note:Service in special duty area

    • 32.1 (1) An award in accordance with the Pension Act shall be granted to or in respect of a member of the Force who is disabled or dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during special duty service as defined in subsection (2), as though that member of the Force were a member of the Canadian Forces in special duty service within the meaning of the Pension Act and section 3.1 of that Act were not in force.

  • Marginal note:2003, c.12, s. 4

    (2) The portion of subsection 32.1(2) of the Act before paragraph (a) is replaced by the following:

    • Definition of “special duty service”

      (2) For the purposes of subsection (1), “special duty service” means service as a member of the Force in a special duty area designated under section 32.12 of this Act or under section 69 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act during the period in which that designation is in effect, or service as a member of the Force as part of a special duty operation designated under section 32.13 of this Act or under section 70 of that Act during the period in which that designation is in effect, and includes

1995, c. 18Veterans Review and Appeal Board Act

110. Section 18 of the Veterans Review and Appeal Board Act is replaced by the following:

Marginal note:Exclusive jurisdiction

18. The Board has full and exclusive juris­diction to hear, determine and deal with all applications for review that may be made to the Board under the Pension Act or the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and all matters related to those applications.

Marginal note:1999, c. 10, s. 38; 2000, c. 34, s. 66(F)

111. Subsection 19(2) of the Act is replaced by the following:

  • Marginal note:Refusal to establish review panel

    (2) The Chairperson, or any member to whom the Chairperson has delegated the authority, may refuse to establish a review panel to hear an application for review of a decision concerning the amount of an award under the Pension Act, or the amount of a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the Chairperson or member, as the case may be, considers the application to be such that no reasonable review panel could dispose of it in a manner favourable to the applicant.

112. Section 30 of the Act is replaced by the following:

Marginal note:Questions of interpretation

30. Where the appellant raises a question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act and the appeal panel is of the opinion that the question is not trivial, frivolous or vexatious, it shall notify the prescribed persons or organizations and give them an opportunity to present argument on the question before it makes its decision.

114. Subsection 37(1) of the Act is replaced by the following:

Marginal note:Questions of interpretation

  • 37. (1) The Minister, the Chief Pensions Advocate, any veterans’ organization incorporated by or under an Act of Parliament or any interested person may refer to the Board for a hearing and decision on any question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act.

Public Service Employment Act

Marginal note:2003, c. 22

115. The Public Service Employment Act, as enacted by section 12 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003, is amended by adding the following after section 35:

Marginal note:Mobility — members of the Canadian Forces

  • 35.1 (1) A member of the Canadian Forces

    • (a) may participate in an advertised internal appointment process for which the organizational criterion established under section 34 entitles members of the Canadian Forces to be considered, as long as the member meets the other criteria, if any, established under that section; and

    • (b) has the right to make a complaint under section 77.

  • Marginal note:Deemed employment in public service

    (2) A member who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service.

  • Definition of “member”

    (3) In this section, “member” means a person who is enrolled in the Canadian Forces.

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