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

Act current to 2016-01-25 and last amended on 2015-07-01. Previous Versions

Miscellaneous

Marginal note:Not to be assigned or charged
  •  (1) No compensation payable under this Act shall be assigned, charged, attached, anticipated, commuted or given as security.

  • Marginal note:Exemption from seizure and execution

    (2) Compensation payable under this Act is exempt from seizure and execution, either at law or in equity.

Marginal note:No interest payable

 Except in the case of amounts payable to a member or a veteran who makes an election referred to in paragraph 52.1(1)(b) or (c) or subsection 52.1(5) or who is deemed to have made an election under subsection 52.1(6), no interest shall be paid in respect of any compensation that is payable under this Act.

  • 2005, c. 21, s. 90;
  • 2011, c. 12, s. 16.
Marginal note:Immunity

 No action or other proceeding lies against any person by reason of anything done or said in good faith in any proceedings before the Minister or in any report of any medical examination or any assessment made for the purposes of this Act by any officer or employee of the Department of Veterans Affairs or by any other person at the request of the Minister.

Definition of action

  •  (1) In this section, action means any action or other proceeding brought by or on behalf of a member, a veteran, a member’s or a veteran’s survivor, a member’s or a veteran’s orphan or a person who was, at the time of the member’s or veteran’s death, a dependent child, against Her Majesty in which damages are claimed in respect of any injury, death, damage or loss for which compensation may be claimed under this Act.

  • Marginal note:Stay of action against Crown until compensation refused

    (2) An action that is not barred by virtue of section 9 of the Crown Liability and Proceedings Act shall, on application, be stayed until an application for compensation has been made under this Act, in respect of the same injury, death, damage or loss in respect of which the claim has been made, and pursued in good faith by or on behalf of the person by whom, or on whose behalf, the action was brought, and,

    • (a) in the case of an application that may be made under Part 2, a final decision to the effect that no compensation may be paid has been made under section 83 in respect of the application; and

    • (b) in the case of an application that may be made under Part 3, a decision to the effect that no compensation may be paid to or in respect of that person in respect of the same injury, death, damage or loss has been affirmed by an appeal panel of the Board in accordance with the Veterans Review and Appeal Board Act.

Marginal note:Certificates as evidence
  •  (1) In any trial, prosecution or other proceeding, a certificate purporting to be signed by the Minister and setting out the amount of any compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of any day is evidence of the amount of the compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of that day without proof of the signature or official character of any person appearing to have signed the certificate and without further proof of the certificate.

  • Marginal note:Documents as evidence

    (2) In any trial, prosecution or other proceeding, a document purporting to be an adjudication of the Minister or the Board is evidence of the facts stated in the document without proof of the signature or official character of any person appearing to have signed the document and without further proof of the document.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) respecting the time and manner of making an application for career transition services, rehabilitation services, vocational assistance or compensation under this Act, and respecting the information that is required to accompany the application;

  • (b) respecting the time and manner of payment of compensation under this Act;

  • (c) providing for the periodic adjustment of the amounts set out in Schedules 1 to 3;

  • (d) providing for the payment or the reimbursement of fees for financial advice;

  • (e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit or allowance until the information, declaration or document is provided;

  • (f) respecting the procedure to be followed by the Minister in suspending or cancelling rehabilitation services, vocational assistance or payment of compensation;

  • (g) providing for a review of any decisions made under Part 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews;

  • (h) respecting the time and manner of making an application for a review under sections 83 and 84;

  • (i) respecting the processes and procedures to be followed by the Minister in making decisions under this Act;

  • (i.1) respecting the determination of an amount of interest for the purposes of the description of C in paragraph 52.1(1)(b);

  • (i.2) respecting the determination of lump sums for the purpose of subsections 52.1(5) and (6);

  • (j) prescribing any matter required or authorized by this Act to be prescribed;

  • (j.1) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and

  • (k) generally, for carrying out the purposes and provisions of this Act.

  • 2005, c. 21, s. 94;
  • 2011, c. 12, s. 17;
  • 2015, c. 36, s. 222.
 
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