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

Marginal note:Death of member or veteran — no application made
  •  (1) If a member or a veteran who would have been entitled to a detention benefit under section 64 dies before they have applied for the benefit, the Minister may, on application, pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

  • Marginal note:Death of member or veteran — application pending

    (2) If a member or a veteran who has made an application for a detention benefit under section 64 dies before the Minister has made a decision in respect of the application, the Minister may pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

  • Marginal note:Rights of estate or succession

    (3) The testamentary estate or testamentary succession has, in respect of the application referred to in subsection (2), all of the rights that the member or veteran would have had had they lived.

PART 3.1Family Caregiver Relief Benefit

Marginal note:Eligibility
  •  (1) The Minister may, on application, pay a family caregiver relief benefit to a veteran if

    • (a) they have had an application for a disability award approved under section 45;

    • (b) as a result of the disability for which the application for a disability award was approved, they require ongoing care;

    • (c) a person who is 18 years of age or older plays an essential role in the provision or coordination of the ongoing care in the veteran’s home for which the person receives no remuneration; and

    • (d) the veteran meets the prescribed eligibility requirements.

  • Marginal note:Criteria to be considered

    (2) In deciding whether the veteran requires ongoing care, the Minister shall consider only prescribed criteria.

  • Marginal note:Factors to be considered

    (3) In deciding whether the person referred to in paragraph (1)(c) plays an essential role in the provision or coordination of the ongoing care in the veteran’s home, the Minister shall consider only prescribed factors.

  • Marginal note:Ineligibility

    (4) A veteran who is eligible for an attendance allowance under subsection 38(1) of the Pension Act is not eligible for a family caregiver relief benefit.

  • 2015, c. 36, s. 217.
Marginal note:Amount of benefit

 The annual amount of a family caregiver relief benefit that is payable to a veteran shall be the amount set out in column 2 of item 5 of Schedule 2.

  • 2015, c. 36, s. 217.
Marginal note:Assessment

 The Minister may, for the purpose of determining whether a veteran may continue to receive a family caregiver relief benefit, require the veteran to undergo an assessment by a person specified by the Minister.

  • 2015, c. 36, s. 217.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) defining care for the purposes of paragraphs 65.1(1)(b) and (c) and subsections 65.1(2) and (3); and

  • (b) defining home for the purposes of paragraph 65.1(1)(c) and subsection 65.1(3).

  • 2015, c. 36, s. 217.

PART 4General

Health Benefits

Marginal note:Group insurance program
  •  (1) The Minister may

    • (a) establish or enter into a contract to acquire a group insurance program compa­rable to the Public Service Health Care Plan established by the Treasury Board;

    • (b) subject to the approval of the Treasury Board, set any terms and conditions in respect of the program, including those respecting the premiums or the contributions payable, the benefits and the management and control of the program;

    • (c) make the contributions and pay the premiums or the benefits, as required; and

    • (d) undertake and do all things that the Minister considers appropriate for the purpose of implementing and maintaining the program.

  • Marginal note:Eligibility

    (2) A member, a veteran or a member’s or a veteran’s survivor may elect to participate in a group insurance program referred to in subsection (1) if they meet the prescribed eligibility requirements.

Designations

Marginal note:Designation by Minister
  •  (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act.

  • Marginal note:Limitation

    (2) If the Minister designates a person to make a decision under this Act, the Minister may not designate the same person to review the decision.

Definition of conditions of elevated risk

 In paragraphs 69(1)(c) and 70(1)(c), conditions of elevated risk means a level of risk higher than that normally associated with service in peacetime.

Marginal note:Special duty areas
  •  (1) The Minister of National Defence, after consulting the Minister, may by order designate an area as a special duty area if

    • (a) the area is outside Canada;

    • (b) members have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 71; and

    • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

  • Marginal note:Period of designation

    (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than January 1, 1949 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Marginal note:Special duty operations
  •  (1) The Minister of National Defence, after consulting the Minister, may by order designate as a special duty operation any operation, or any component of it, if

    • (a) the operation is of a type referred to in section 71;

    • (b) members have been deployed, or will be deployed, as part of that operation; and

    • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

  • Marginal note:Period of designation

    (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than September 11, 2001 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Marginal note:Types of operations

 For the purposes of paragraphs 69(1)(b) and 70(1)(a), the types of operations are as follows:

  • (a) an armed conflict;

  • (b) an operation authorized under the Charter of the United Nations, the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar treaty instrument;

  • (c) an international or a multinational military operation;

  • (d) an operation authorized to deal with a national emergency, as that term is defined in section 3 of the Emergencies Act, in respect of which a declaration of emergency is made under that Act;

  • (e) an operation authorized under section 273.6 or Part VI of the National Defence Act, or other similar operation authorized by the Governor in Council;

  • (f) an operation that, in the opinion of the Minister of National Defence, is a search and rescue operation;

  • (g) an operation that, in the opinion of the Minister of National Defence, is a disaster relief operation;

  • (h) an operation that, in the opinion of the Minister of National Defence, is a counter-terrorism operation; and

  • (i) an operation involving a level of risk that, in the opinion of the Minister of National Defence, is comparable to that normally associated with an operation referred to in paragraphs (a) to (e).

 
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