Veterans Review and Appeal Board Act (S.C. 1995, c. 18)

Act current to 2016-08-01 and last amended on 2015-07-01. Previous Versions

Veterans Review and Appeal Board Act

S.C. 1995, c. 18

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:

Short Title

Marginal note:Short title

 This Act may be cited as the Veterans Review and Appeal Board Act.

Interpretation

Marginal note:Definitions

 In this Act,

Board

Tribunal

Board means the Veterans Review and Appeal Board established by section 4; (Tribunal)

Bureau

Bureau

Bureau means the Bureau of Pensions Advocates continued by section 6.1 of the Department of Veterans Affairs Act; (Bureau)

member

Version anglaise seulement

member means a permanent or temporary member of the Board; (Version anglaise seulement)

Minister

ministre

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)

prescribed

Version anglaise seulement

prescribed means prescribed by the regulations. (Version anglaise seulement)

  • 1995, c. 18, s. 2;
  • 2000, c. 34, ss. 94(F), 95(F).
Marginal note:Construction

 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

 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
  •  (1) A permanent member holds office during good behaviour.

  • Marginal note:Term

    (2) A permanent member shall be appointed for a term not exceeding ten years and is eligible to be reappointed.

Marginal note:Temporary members
  •  (1) The Governor in Council may appoint temporary members of the Board whenever, in the opinion of the Governor in Council, the workload of the Board so requires.

  • Marginal note:Tenure

    (2) A temporary member holds office during good behaviour.

  • Marginal note:Term

    (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
  •  (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
  •  (1) The Governor in Council shall designate a Chairperson and a Deputy Chairperson from among the permanent members.

  • 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.

  • Marginal note:Reports

    (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

 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
  •  (1) A member shall be paid such remuneration and allowances as may be fixed by the Governor in Council.

  • 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.

Marginal note:Presumption
  • 1995, c. 18, s. 11;
  • 2003, c. 22, s. 224(E), 225(E).
Marginal note:Head office

 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

 Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act.

Powers, Duties and Functions

Marginal note:Powers

 The Board and each member have, with respect to the carrying out of the Board’s duties and functions under this Act, all the powers of a commissioner appointed under Part I of the Inquiries Act.

Marginal note:Access to records

 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

 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.

Marginal note:Panels

 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.

Review

Marginal note:Exclusive jurisdiction

 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.
 
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