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

Act current to 2017-03-20 and last amended on 2016-10-01. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2012, c. 19, s. 682

    • 2011, c. 12, ss. 3 to 5

      682 Sections 3 to 5 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act are replaced by the following:

      • Eligibility — veterans and survivors

        3 The Minister may, on application, pay or reimburse fees in respect of the provision of prescribed career transition services to a veteran or their survivor if the veteran or survivor meets the prescribed eligibility criteria.

  • — 2012, c. 19, s. 683

    • 2011, c. 12, s. 17(1)
      • 683 (1) Paragraph 94(a) of the Act is replaced by the following:

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

      • 2011, c. 12, s. 17(2)

        (2) Paragraph 94(e) of the Act is replaced by the following:

        • (d.1) setting out, for the purposes of section 3, criteria in respect of the eligibility of providers of career transition services and of those services;

        • (d.2) providing for the payment or reimbursement of fees in respect of the provision of career transition services, including a maximum amount of fees that may be paid or reimbursed, under section 3;

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

  • — 2015, c. 36, s. 228

    • 2012, c. 19

      228 On the first day on which both subsection 683(2) of the Jobs, Growth and Long-term Prosperity Act and subsection 222(1) of this Act are in force, paragraph 94(e) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:

      • (e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of 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, a family caregiver relief benefit, or a payment or reimbursement of fees in respect of career transition services under this Act, and authorizing the Minister to suspend the delivery of the services or assistance, the payment of the benefit or allowance or the payment or reimbursement of fees until the information, declaration or document is provided;

  • — 2016, c. 7, s. 80

    • 80 Paragraph 11(1)(b) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:

      • (b) has determined, based on an assessment of the veteran under subsection 10(1), that the veteran would not benefit from vocational rehabilitation as a result of their having a diminished earning capacity that is due to the physical or mental health problem in respect of which the rehabilitation services were approved.

  • — 2016, c. 7, s. 81

    • 81 The portion of subsection 18(4) of the Act before paragraph (b) is replaced by the following:

      • Continuation of benefit

        (4) If the Minister determines that the veteran has a diminished earning capacity that is due to the physical or mental health problem for which the rehabilitation plan was developed, the earnings loss benefit continues to be payable to the veteran after the plan has been completed or cancelled until the earlier of

        • (a) the day on which the Minister determines that the veteran no longer has a diminished earning capacity that is due to that health problem, and

  • — 2016, c. 7, s. 83

    • 83 Subsection 20(1) of the Act is replaced by the following:

      • Examination or assessment
        • 20 (1) The Minister may, for the purpose of determining whether a veteran may continue to receive an earnings loss benefit, require a veteran who, as a result of a determination that they have a diminished earning capacity, is in receipt of an earnings loss benefit under section 18 — or would, but for their level of income, be in receipt of it — to undergo a medical examination or an assessment by a person specified by the Minister.

  • — 2016, c. 7, s. 85

    • 2011, c. 12, s. 8(1)
      • 85 (1) Subparagraph 38(1)(b)(ii) of the Act is replaced by the following:

        • (ii) the disability award is not yet payable in accordance with section 53.

      • 2011, c. 12, s. 8(2)

        (2) Subsections 38(2) and (3) of the Act are replaced by the following:

        • Amount of allowance

          (2) The Minister shall determine the amount of the career impact allowance that may be paid to the veteran in a year, taking into account the potential impact of the permanent and severe impairment on the veteran’s career advancement opportunities. The minimum career impact allowance shall be the amount set out in item 1, column 2, of Schedule 2, and the maximum career impact allowance shall be the amount set out in item 2, column 2.

        • Diminished earning capacity

          (3) The Minister may, on application, increase the career impact allowance that may be paid under subsection (2) by the amount set out in item 2.1, column 2, of Schedule 2, if the Minister determines that the veteran has a diminished earning capacity.

  • — 2016, c. 7, s. 86

    • 86 Subsection 40(2) of the English version of the Act is replaced by the following:

      • Non-compliance

        (2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the career impact allowance.

  • — 2016, c. 7, s. 87

      • 87 (1) Paragraph 41(b) of the Act is replaced by the following:

        • (b) respecting what constitutes a barrier to re-establishment in civilian life and a diminished earning capacity;

      • (2) Paragraph 41(g) of the French version of the Act is replaced by the following:

        • g) concernant, pour l’application de l’article 38, ce qui constitue une déficience grave et permanente et la méthode pour établir l’existence et l’ampleur d’une telle déficience chez le vétéran.

  • — 2016, c. 7, s. 88

    • 88 The description of B in subsection 52(1) of the Act is replaced by the following:

      B 
      is the amount set out in column 3 of Schedule 3 that corresponds to what was, immediately before the disability award becomes payable, the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments under this Act.
  • — 2016, c. 7, s. 89

    • 89 Section 53 of the Act is replaced by the following:

      • When award payable

        53 A disability award under section 45, 47 or 48 becomes payable when both of the following conditions are met:

        • (a) in the opinion of the Minister, the disability has stabilized;

        • (b) an assessment of the extent of the disability has been made.

  • — 2016, c. 7, s. 90

    • 90 The Act is amended by adding the following after section 94:

      • Transitional provisions — April 1, 2017

        94.01 The Governor in Council may make regulations

        • (a) respecting the provision of information or documents to the Minister by a person who may be entitled to an amount under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1; and

        • (b) providing for the reimbursement of fees for financial advice obtained by a person in relation to an amount that is paid or payable to them under any of sections 100 to 103 of that Act.

  • — 2016, c. 7, s. 91

    • 91 Section 98 of the Act is repealed.

  • — 2016, c. 7, s. 92

    • 92 Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following:

      (Section 37 and paragraphs 41(d) and 94(c))

  • — 2016, c. 7, s. 93

    • 2015, c. 36, s. 224

      93 Schedule 2 to the Act is amended by replacing the references after the heading “SCHEDULE 2” with the following:

      (Subsections 38(2) and (3), section 44.2, subsection 58(1), sections 61 and 65.2 and paragraph 94(c))

  • — 2016, c. 7, s. 94

    • 2011, c. 12, s. 19

      94 The portion of item 2.1 of Schedule 2 to the Act in column 1 is replaced by the following:

      Career impact allowance supplement for diminished earning capacity

  • — 2016, c. 7, s. 95

    • 95 The portion of item 3 of Schedule 2 to the Act in column 2 is replaced by the following:

      360,000.00 (lump sum)

  • — 2016, c. 7, s. 96

    • 96 Schedule 3 to the Act is replaced by the Schedule 3 set out in Schedule 1 to this Act.

      SCHEDULE 3(Subsection 52(1) and paragraph 94(c))

      Disability Award

      Column 1Column 2Column 3
      Rate of Award

      (%)

      Extent of Disability

      (%)

      Lump Sum Amount

      ($)

      10098-100360,000.00
      9593-97342,000.00
      9088-92324,000.00
      8583-87306,000.00
      8078-82288,000.00
      7573-77270,000.00
      7068-72252,000.00
      6563-67234,000.00
      6058-62216,000.00
      5553-57198,000.00
      5048-52180,000.00
      4543-47162,000.00
      4038-42144,000.00
      3533-37126,000.00
      3028-32108,000.00
      2523-2790,000.00
      2018-2272,000.00
      1513-1754,000.00
      108-1236,000.00
      55-718,000.00
      4414,400.00
      3310,800.00
      227,200.00
      113,600.00
  • — 2016, c. 7, s. 97

    • Replacement of “permanent impairment allowance”

      97 The Act is amended by replacing “permanent impairment allowance” with “career impact allowance” in the following provisions:

      • (a) the definition compensation in subsection 2(1);

      • (b) the heading before section 38;

      • (c) the portion of subsection 38(1) before paragraph (a) and subsection (1.1);

      • (d) the portion of section 39 before paragraph (a);

      • (e) subsection 40(1);

      • (f) the description of B in subsection 40.1(4);

      • (g) the description of B in subsection 40.2(4);

      • (h) subsection 40.5(1);

      • (i) the portion of subsection 88(4) before paragraph (a);

      • (j) paragraph 94(e); and

      • (k) items 1 and 2 of Schedule 2.

  • — 2016, c. 7, s. 99

    • Definitions

      99 The following definitions apply in this section and sections 100 to 111.

      Act

      Act means the Canadian Forces Members and Veterans Re-establishment and Compensation Act. (Loi)

      dependent child

      dependent child has the same meaning as in subsection 2(1) of the Act. (enfant à charge)

      Minister

      Minister means the Minister of Veterans Affairs. (ministre)

      survivor

      survivor has the same meaning as in subsection 2(1) of the Act. (survivant)

  • — 2016, c. 7, s. 100

    • Member or veteran who received disability award
      • 100 (1) The Minister must pay to a member or a veteran who received, in whole or in part, a disability award under section 45, 47 or 48 of the Act before April 1, 2017, and who is alive on April 1, 2017, an amount determined in accordance with the formula

        A − B

        where

        A 
        is the amount set out in column 3 of Schedule 3 to the Act, as that Schedule read on April 1, 2017, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2, for which the disability award was received, reduced — for every calendar year from 2016 until the year in which the disability award was received — by a percentage calculated in accordance with the method of calculating the percentages by which the amounts set out in Schedule 3 to the Act are periodically adjusted; and
        B 
        is the amount of the disability award that was payable to the member or the veteran under subsection 52(1) of the Act.
      • Death of member or veteran before amount paid

        (2) If the member or veteran dies before the amount is paid under subsection (1), the Minister must pay that amount, in accordance with section 55 of the Act, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child.

  • — 2016, c. 7, s. 101

    • Death of member or veteran before April 1, 2017

      101 If a member or a veteran who received, in whole or in part, a disability award under section 45, 47 or 48 of the Act before April 1, 2017 dies before that day, the Minister must pay, in accordance with section 55 of the Act, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child — if that survivor or person is alive on April 1, 2017 — an amount determined in accordance with the formula

      A − B

      where

      A 
      is the amount set out in column 3 of Schedule 3 to the Act, as that Schedule read on April 1, 2017, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2, for which the disability award was received, reduced — for every calendar year from 2016 until the year in which the disability award was received — by a percentage calculated in accordance with the method of calculating the percentages by which the amounts set out in Schedule 3 to the Act are periodically adjusted; and
      B 
      is the amount of the disability award that was payable to the member or the veteran under subsection 52(1) of the Act.
  • — 2016, c. 7, s. 102

    • Disability award received by survivor or dependent child

      102 The Minister must pay, in accordance with section 55 of the Act, to a person who received a disability award under subsection 50(1) or (2) of the Act before April 1, 2017, and who is alive on April 1, 2017, an amount determined in accordance with the formula

      A − B

      where

      A 
      is the amount set out in column 3 of Schedule 3 to the Act, as that Schedule read on April 1, 2017, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2, for which the disability award was received, reduced — for every calendar year from 2016 until the year in which the disability award was received — by a percentage calculated in accordance with the method of calculating the percentages by which the amounts set out in Schedule 3 to the Act are periodically adjusted; and
      B 
      is the amount of the disability award that was payable under subsection 52(1) of the Act.
  • — 2016, c. 7, s. 103

    • Death benefit

      103 The Minister must pay, in accordance with section 59 of the Act, to a person who received a death benefit under section 57 of the Act before April 1, 2017, and who is alive on April 1, 2017, an amount determined in accordance with the formula

      A − B

      where

      A 
      is the amount set out in item 3, column 2, of Schedule 2 to the Act, as that Schedule read on April 1, 2017, reduced — for every calendar year from 2016 until the year in which the death benefit was received — by a percentage calculated in accordance with the method of calculating the percentages by which the amount set out in item 3, column 2, is periodically adjusted; and
      B 
      is the amount of the death benefit that was payable under subsection 58(1) of the Act.
  • — 2016, c. 7, s. 104

    • Application

      104 Sections 100 to 102 apply in respect of each disability award received by or in respect of a member or a veteran.

  • — 2016, c. 7, s. 105

    • Amount of award or benefit equal to zero

      105 For the purposes of sections 100 to 103, a person is considered to have received a disability award or a death benefit even if the amount that was paid to them was equal to zero.

  • — 2016, c. 7, s. 106

    • Lump sum

      106 An amount that is to be paid under any of sections 100 to 103 is to be paid as a lump sum.

  • — 2016, c. 7, s. 107

    • Power to require information

      107 The Minister may, for the purposes of establishing a person’s entitlement to an amount under any of sections 100 to 103, require a person who may be entitled to an amount to provide to the Minister the information or documents set out in the regulations made under the Act.

  • — 2016, c. 7, s. 108

    • Information to be made available to Minister

      108 Personal information, as defined in section 3 of the Privacy Act, held by a government institution, as defined in that section, is, if requested by the Minister, to be made available to the Minister for the purposes of sections 100 to 103.

  • — 2016, c. 7, s. 109

    • Entitlement ceases on death

      109 If a person to whom an amount is to be paid under any of sections 100 to 103 dies before the amount is paid, that person’s entitlement to the amount ceases on their death.

  • — 2016, c. 7, s. 110

    • Amount deemed to be compensation

      110 An amount paid or payable under any of sections 100 to 103 is deemed, for the purposes of sections 89 and 90 of the Act, to be compensation as defined in subsection 2(1) of the Act.

  • — 2016, c. 7, s. 111

    • Income Tax Act

      111 An amount paid or payable under any of sections 100 to 103 is deemed, for the purposes of paragraph 81(1)(d.1) of the Income Tax Act, to be a disability award or a death benefit, as the case may be, payable to the taxpayer under Part 3 of the Act.

  • — 2016, c. 7, s. 115

    • 2012, c. 19
      • 115 (1) In this section, other Act means the Jobs, Growth and Long-term Prosperity Act.

      • (2) If section 97 of this Act comes into force before subsection 683(2) of the other Act, then

        • (a) section 228 of the Economic Action Plan 2015 Act, No. 1 is repealed; and

        • (b) on the day on which that subsection 683(2) comes into force, paragraph 94(e) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:

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

      • (3) If section 97 of this Act and subsection 683(2) of the other Act come into force on the same day, then that section 97 is deemed to have come into force before that subsection 683(2) and subsection (2) applies as a consequence.

Date modified: