Assented to 1995-06-22
An Act to establish the Veterans Review and Appeal Board, to amend the Pension Act, to make consequential amendments to other Acts and to repeal the Veterans Appeal Board Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2 In this Act,
Board means the Veterans Review and Appeal Board established by section 4; (Tribunal)
Bureau means the Bureau of Pensions Advocates continued by section 6.1 of the Department of Veterans Affairs Act; (Bureau)
memberVersion anglaise seulement
member means a permanent or temporary member of the Board; (Version anglaise seulement)
Minister means the Minister of Veterans Affairs or such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)
prescribedVersion anglaise seulement
prescribed means prescribed by the regulations. (Version anglaise seulement)
- 1995, c. 18, s. 2;
- 2000, c. 34, ss. 94(F), 95(F).
3 The provisions of this Act and of any other Act of Parliament or of any regulations made under this or any other Act of Parliament conferring or imposing jurisdiction, powers, duties or functions on the Board shall be liberally construed and interpreted to the end that the recognized obligation of the people and Government of Canada to those who have served their country so well and to their dependants may be fulfilled.
Establishment of Board
Marginal note:Establishment of Board
4 There is established an independent board, to be known as the Veterans Review and Appeal Board, consisting of not more than 25 permanent members to be appointed by the Governor in Council and any number of temporary members that are appointed under section 6.
- 1995, c. 18, s. 4;
- 2013, c. 40, s. 276.
Marginal note:Permanent members
(2) A permanent member shall be appointed for a term not exceeding ten years and is eligible to be reappointed.
Marginal note:Temporary members
(2) A temporary member holds office during good behaviour.
(3) A temporary member shall be appointed for a term not exceeding two years and is eligible to be reappointed for one additional term.
Marginal note:Acting after ceasing to hold office
7 (1) A person who has resigned or otherwise ceased to hold office as a member may, at the request of the Chairperson, at any time within eight weeks after that event, make or take part in the disposition of any appeal, review, reference or other matter in which the person became engaged while holding that office, and a person performing duties under this subsection is deemed to be a temporary member of the Board.
Marginal note:Disposition where member unable to take part
(2) Where a person to whom subsection (1) applies or any other member by whom a matter has been heard is unable to take part in the disposition of the matter or has died, the remaining members, if any, who heard the matter may make the disposition and, for that purpose, are deemed to constitute the Board.
Marginal note:Chairperson and Deputy Chairperson
Marginal note:Chief executive officer
(2) The Chairperson is the chief executive officer of the Board and has supervision over and direction of the work of the Board including the allocation of work among its members, the conduct of its work, the management of its internal affairs and the duties of its staff.
(3) The Chairperson shall make such reports to the Minister as the Minister may require respecting the use of the resources allocated to the Board.
Marginal note:Acting Chairperson
(4) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, the Deputy Chairperson shall act as Chairperson.
Marginal note:Acting Chairperson
(5) If both the Chairperson and Deputy Chairperson are absent or unable to act or both offices are vacant, a member designated by the Minister shall act as Chairperson.
Marginal note:Full-time occupation
9 A member shall perform their duties under this Act on a full-time basis and shall not hold any office or engage in any occupation inconsistent with those duties.
Marginal note:Remuneration and allowances
Marginal note:Travel and living expenses
(2) A member is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in connection with the work of the Board.
11 (1) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
- 1995, c. 18, s. 11;
- 2003, c. 22, s. 224(E), 225(E).
Marginal note:Head office
12 The head office of the Board shall be at such place in Canada as the Governor in Council may designate.
Marginal note:Officers and employees
Powers, Duties and Functions
Marginal note:Access to records
15 Subject to any other Act of Parliament and any regulations made under any other Act of Parliament, the Board may inspect the records of the Department of Veterans Affairs and all material relating to any proceeding before the Board.
- 1995, c. 18, s. 15;
- 2000, c. 34, s. 94(F).
Marginal note:Additional powers, duties and functions
16 The Board shall exercise such powers and shall perform such duties and functions as are conferred or imposed on it by or pursuant to any other Act of Parliament or any order of the Governor in Council.
17 Subject to subsections 19(1), 27(1), 34(2) and 44(2), the Chairperson may establish panels of one or more members to exercise any power or perform any duty or function of the Board designated by the Chairperson.
Marginal note:Exclusive jurisdiction
18 The Board has full and exclusive jurisdiction to hear, determine and deal with all applications for review that may be made to the Board under the Pension Act or the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and all matters related to those applications.
- 1995, c. 18, s. 18;
- 2005, c. 21, s. 110.
- Date modified: