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

Act current to 2015-08-04 and last amended on 2015-07-01. Previous Versions

Marginal note:Death of member or veteran

 If a member or a veteran dies as a result of an injury or a disease for which a disability award under section 45 has been paid, in whole or in part, or would be payable and their death occurs more than 30 days after the day on which the injury occurred or the disease was contracted or the injury or disease was aggravated, the member or veteran is deemed to have been assessed, at the time of their death, as having an extent of disability at that time of 100%.

  • 2005, c. 21, s. 49;
  • 2011, c. 12, s. 11.
Marginal note:Death of member or veteran — no application made
  •  (1) If a member or a veteran who would have been entitled to a disability award under section 45, 47 or 48 dies before they have applied for the award, the Minister may, on application, pay, in accordance with section 55, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, the disability award to which the member or veteran, had they lived, would have been entitled under section 45, 47 or 48, as the case may be.

  • Marginal note:Death of member or veteran — application pending

    (2) If a member or a veteran who has made an application for a disability award under section 45, 47 or 48 dies before the Minister has made a decision in respect of the application, the Minister may pay, in accordance with section 55, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, the disability award to which the member or veteran, had they lived, would have been entitled under section 45, 47 or 48, as the case may be.

  • Marginal note:Rights of survivors and children

    (3) The survivor or child has, in respect of the application referred to in subsection (2), all of the rights that the member or veteran would have had had they lived, other than the right to make an election under subsection 52.1(1).

  • 2005, c. 21, s. 50;
  • 2011, c. 12, s. 12.
Marginal note:How extent of disability assessed
  •  (1) The assessment of the extent of a disability shall be based on the instructions and a table of disabilities to be made by the Minister for the guidance of persons making those assessments.

  • Marginal note:Statutory Instruments Act does not apply

    (2) The instructions and table of disabilities are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

Marginal note:Amount of award
  •  (1) Subject to section 54, the amount of a disability award payable in respect of a member or a veteran shall be determined by the formula

    A - B

    where

    A 
    is the amount set out in column 3 of Schedule 3 that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments under this Act; and
    B 
    is the amount set out in column 3 of Schedule 3 in respect of the extent of disability set out in column 2 of that Schedule that corresponds to the difference, if any, between
    • (a) the member’s or veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments or deemed disability assessments under this Act,

    and

    • (b) the member’s or veteran’s extent of disability for which the disability award is to be paid.

  • Marginal note:Fraction

    (2) For the purpose of determining the extent of disability in subsection (1), if a disability award may be paid only in respect of a fraction of a disability in accordance with subsection 45(2), 46(2) or 48(2) or (3), then only that fraction of the disability shall be taken into account.

  • Marginal note:Reduction of award

    (3) If an amount is paid or payable to a person from a prescribed source in respect of a death or disability for which a disability award is payable, the Minister may reduce the disability award payable to the person by a prescribed amount.