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

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) providing for the notification of the Minister, by persons who are in receipt of an earnings loss benefit, a Canadian Forces income support benefit or a retirement income security benefit, of any changes in income or benefits, or in an amount payable for a month from a prescribed source for the purposes of subsection 19(1), 23(3), 40.1(4), 40.2(4), 40.3(4) or 40.4(4), requiring the provision of statements of estimated income, benefits or amounts payable and providing for the effect of those changes on the calculation of the amount of the compensation payable;

  • (b) respecting the determination of what constitutes suitable gainful employment, a barrier to re-establishment in civilian life and total and permanent incapacity;

  • (c) defining “base calendar year”, “income” and “payment period” for the purposes of section 37;

  • (d) providing for the increase of any amount set out in column 2 of Schedule 1 in case of any increase in the amount of a pension or a supplement, as those terms are defined in section 2 of the Old Age Security Act, as a result of amendments to that Act;

  • (e) respecting the payment of expenses arising out of a person’s participation in a rehabilitation plan or a vocational assistance plan;

  • (f) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of sections 33 and 34; and

  • (g) respecting, for the purposes of section 38, what constitutes a permanent and severe impairment, the manner of determining whether a veteran has a permanent and severe impairment and the extent of the permanent and severe impairment.

  • 2005, c. 21, s. 41;
  • 2015, c. 36, s. 211.

PART 3Critical Injury, Disability, Death and Detention

General

Marginal note:Non-application of this Part

 This Part, other than sections 44.1 to 44.3, does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act.

  • 2005, c. 21, s. 42;
  • 2015, c. 36, s. 213.
Marginal note:Benefit of doubt

 In making a decision under this Part or under section 84, the Minister and any person designated under section 67 shall

  • (a) draw from the circumstances of the case, and any evidence presented to the Minister or person, every reasonable inference in favour of an applicant under this Part or under section 84;

  • (b) accept any uncontradicted evidence presented to the Minister or the person, by the applicant, that the Minister or person considers to be credible in the circumstances; and

  • (c) resolve in favour of the applicant any doubt, in the weighing of the evidence, as to whether the applicant has established a case.

Marginal note:Representation of applicant

 In all proceedings under this Part, an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.

Critical Injury Benefit

Marginal note:Eligibility
  •  (1) The Minister may, on application, pay a critical injury benefit to a member or veteran who establishes that they sustained one or more severe and traumatic injuries, or developed an acute disease, and that the injury or disease

    • (a) was a service-related injury or disease;

    • (b) was the result of a sudden and single incident that occurred after March 31, 2006; and

    • (c) immediately caused a severe impairment and severe interference in their quality of life.

  • Marginal note:Factors to be considered

    (2) In deciding whether the impairment and the interference in the quality of life referred to in paragraph (1)(c) were severe, the Minister shall consider any prescribed factors.

  • Marginal note:Regulations

    (3) The Governor in Council may, for the purpose of subsection 44.1(1), make regulations respecting the determination of what constitutes a sudden and single incident.

  • 2015, c. 36, s. 214.
Marginal note:Amount of benefit

 The amount of the critical injury benefit that is payable to a member or veteran shall be the amount set out in column 2 of item 2.2 of Schedule 2.

  • 2015, c. 36, s. 214.
Marginal note:Waiver of application
  •  (1) The Minister may waive the requirement for an application in subsection 44.1(1) if the Minister is satisfied, based on information that has been collected or obtained by the Minister in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, including in respect of the disability award or in respect of the disability pension under the Pension Act, that the member or veteran is entitled to the critical injury benefit.

  • Marginal note:Notice of intent

    (2) If the Minister intends to waive the requirement for an application, the Minister shall notify the member or veteran in writing of that intention.

  • Marginal note:Accepting waiver

    (3) If the member or veteran accepts the waiver of the requirement for an application, the member or the veteran shall, within the period specified by the Minister, file with the Minister any information requested by the Minister.

  • Marginal note:Declining waiver

    (4) The member or veteran may, within the period specified by the Minister, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

  • Marginal note:Cancellation of waiver

    (5) Even if the Minister intends to waive the requirement for an application, the Minister may require that the member or veteran make an application for the critical injury benefit and, in that case, the Minister shall notify the member or veteran in writing of that requirement.

  • 2015, c. 36, s. 214.

Disability Awards

Marginal note:Eligibility
  •  (1) The Minister may, on application, pay a disability award to a member or a veteran who establishes that they are suffering from a disability resulting from

    • (a) a service-related injury or disease; or

    • (b) a non-service-related injury or disease that was aggravated by service.

  • Marginal note:Compensable fraction

    (2) A disability award may be paid under paragraph (1)(b) only in respect of that fraction of a disability, measured in fifths, that represents the extent to which the injury or disease was aggravated by service.

Marginal note:Consequential injury or disease
  •  (1) For the purposes of subsection 45(1), an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

    • (a) a service-related injury or disease;

    • (b) a non-service-related injury or disease that was aggravated by service;

    • (c) an injury or a disease that is itself a consequence of an injury or a disease described in paragraph (a) or (b); or

    • (d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).

  • Marginal note:Compensable fraction

    (2) If a disability results from an injury or a disease that is deemed to be a service-related injury or disease, a disability award may be paid under subsection 45(1) only in respect of that fraction of the disability, measured in fifths, that represents the extent to which that injury or disease is a consequence of another injury or disease that is, or is deemed to be, a service-related injury or disease.

  • 2005, c. 21, s. 46;
  • 2015, c. 36, s. 215.
Marginal note:Award for loss of paired organ or limb
  •  (1) The Minister may, on application, pay a disability award to a member or a veteran who has received a disability award under section 45 on account of the loss of, or the permanent loss of the use of, one of their paired organs or limbs if the member or veteran suffers, either before or after that loss or loss of use, the loss of, the permanent loss of the use of or the impairment of the other paired organ or limb from any cause whatever.

  • Marginal note:Extent of disability

    (2) The member’s or veteran’s extent of disability in respect of that other paired organ or limb shall be considered to be 50% of the extent of disability at which the member or veteran would have been assessed at if the loss of, the permanent loss of the use of or the impairment of that paired organ or limb had occurred in circumstances in which a disability award would have been payable under section 45.

 
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