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

Act current to 2014-10-27 and last amended on 2013-12-12. Previous Versions

Marginal note:Amount of allowance

 Subject to subsection 60(3), the Minister shall determine the amount of each clothing allowance that may be paid to a member or a veteran in a year, which shall not be greater than the amount set out in column 2 of item 4 of Schedule 2.

Marginal note:When allowance payable

 The clothing allowance under subsections 60(1) to (5) begins to be payable on the later of

  • (a) the day on which the application for the allowance was made, and

  • (b) the day that is one year prior to the day on which the payment of the allowance is approved.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations respecting the rules of evidence and evidentiary presumptions relating to applications for a disability award or a death benefit under this Part.

Detention Benefit

Marginal note:Eligibility
  •  (1) Subject to subsection (5), the Minister may, on application, pay a detention benefit to a member or a veteran, who, while serving with the Canadian Forces, was detained by a power, for the period spent in detention.

  • Definition of “power”

    (2) In this section, “power” means

    • (a) an enemy or an opposing force of Canada;

    • (b) a person or a group that has as one of its purposes or activities the facilitating or carrying out of a terrorist activity; and

    • (c) any prescribed entity.

  • Marginal note:Period evading capture or escaping

    (3) For the purposes of subsection (1), the period spent in detention includes the period during which the member or veteran was engaged in evading capture by, or in escaping from, any power.

  • Marginal note:Amount of benefit

    (4) The Governor in Council may make regulations prescribing the amount of the detention benefit.

  • Marginal note:Restriction

    (5) No detention benefit is payable under this section in respect of a period spent in detention if the period began before the coming into force of this section.

Marginal note:Death of member or veteran — no application made
  •  (1) If a member or a veteran who would have been entitled to a detention benefit under section 64 dies before they have applied for the benefit, the Minister may, on application, pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

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

    (2) If a member or a veteran who has made an application for a detention benefit under section 64 dies before the Minister has made a decision in respect of the application, the Minister may pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

  • Marginal note:Rights of estate or succession

    (3) The testamentary estate or testamentary succession 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.