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

Act current to 2014-09-15 and last amended on 2013-12-12. Previous Versions

Rehabilitation Services and Vocational Assistance

Marginal note:Eligibility — rehabilitation need
  •  (1) The Minister may, on application, provide rehabilitation services to a veteran who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

  • Marginal note:Factors that the Minister may consider

    (2) In deciding whether a veteran has a physical or a mental health problem that is creating a barrier to re-establishment in civilian life, and whether that health problem resulted primarily from service in the Canadian Forces, the Minister may consider any factors that the Minister considers relevant, including

    • (a) medical reports or records that document the veteran’s physical or mental health problem;

    • (b) documentation that indicates the nature of the veteran’s service in the Canadian Forces;

    • (c) documentation provided by the veteran as to the circumstances of their health problem; and

    • (d) research that establishes the prevalence of specific health problems in military populations.

  • Marginal note:Presumption in case of disability

    (3) A veteran’s physical or mental health problem is deemed to have resulted primarily from service in the Canadian Forces if, as a result of the health problem, the veteran suffers from a disability for which a disability award has been paid under section 45 or a pension has been granted under the Pension Act.

Marginal note:Eligibility — medical release
  •  (1) The Minister may, on application, provide rehabilitation services or vocational assistance to a veteran who has been released on medical grounds in accordance with chapter 15 of the Queen’s Regulations and Orders for the Canadian Forces.

  • Marginal note:Refusal to consider application

    (2) The Minister shall refuse to consider an application that is made more than 120 days after the day on which the veteran was released, unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances.

  • Marginal note:Exception

    (3) Subsection (1) does not apply in respect of a veteran who was within a prescribed class at the time that the physical or mental health problem leading to the release manifested itself.

Marginal note:Assessment of needs
  •  (1) The Minister shall, on approving an application made under section 8 or 9, assess the veteran’s medical, psycho-social and vocational rehabilitation needs. In the case of a veteran who has applied under section 9, if no rehabilitation needs are identified, the Minister shall assess the veteran’s vocational assistance needs.

  • Marginal note:Rehabilitation plan

    (2) The Minister may develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.

  • Marginal note:Limitation

    (3) The only physical and mental health problems that may be addressed in the reha­bilitation plan are

    • (a) in the case of a veteran who was released on medical grounds, the physical or mental health problem for which the veteran was released; or

    • (b) in any other case, a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

  • Marginal note:Vocational assistance plan

    (4) The Minister may develop and implement a vocational assistance plan to address the vocational assistance needs that are identified in the assessment.

  • Marginal note:Development of plan

    (5) In developing a rehabilitation plan or a vocational assistance plan, the Minister shall

    • (a) have regard to any prescribed principles and factors; and

    • (b) be guided by current research in the fields of rehabilitation and vocational assistance.