Marginal note:When allowance payable

39. The permanent impairment allowance under subsection 38(2) and an increase to the permanent impairment allowance under subsection 38(3) begin to be payable on the later of

• (a) the day on which the application for the allowance or increase, as the case may be, is made, and

• (b) the day that is one year prior to the day on which the application for the allowance or increase, as the case may be, is approved.

Marginal note:Examination or assessment

• 40. (1) The Minister may, for the purpose of determining whether a veteran may continue to receive a permanent impairment allowance, require the veteran to undergo a medical examination or an assessment by a person specified by the Minister.

• Marginal note:Non-compliance

  (2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the permanent impairment allowance.

Marginal note:Governor in Council

41. The Governor in Council may make regulations

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

• (b) respecting the determination of what constitutes suitable gainful employment, a barrier to re-establishment in civilian life and total and permanent incapacity;

• (c) defining “base calendar year”, “income” and “payment period” for the purposes of section 37;

• (d) providing for the increase of any amount set out in column 2 of Schedule 1 in case of any increase in the amount of a pension or a supplement, as those terms are defined in section 2 of the Old Age Security Act, as a result of amendments to that Act;

• (e) respecting the payment of expenses arising out of a person’s participation in a rehabilitation plan or a vocational assistance plan;

• (f) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of sections 33 and 34; and

• (g) respecting, for the purposes of section 38, what constitutes a permanent and severe impairment, the manner of determining whether a veteran has a permanent and severe impairment and the extent of the permanent and severe impairment.

Marginal note:Non-application of this Part

42. This Part 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.