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

Act current to 2017-06-19 and last amended on 2017-04-01. Previous Versions

Marginal note:When award payable

 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.

  • 2005, c. 21, s. 53;
  • 2016, c. 7, s. 89.
Marginal note:Maximum disability assessment
  •  (1) For the purposes of section 45, 47 or 48, if a member’s or a veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments, exceeds 100%, no disability award shall be granted in respect of any percentage points exceeding 100%.

  • Marginal note:Assessments under Pension Act

    (2) Any disability assessments under the Pension Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.

  • Marginal note:Compensable fraction

    (3) For the purpose of determining the extent of disability, if a disability award may be paid only in respect of a fraction of a disability in accordance with subsection 45(2), 46(2) or 48(2) or (3), or if only a fraction of a disability is pensionable under the Pension Act, then only that fraction of the disability shall be taken into account.

Marginal note:Division of award

 If a disability award is payable to a survivor or a person who was, at the time of a member’s or veteran’s death, a dependent child, the following rules apply:

  • (a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the disability award;

  • (b) if there is a survivor and one or more persons who were dependent children,

    • (i) the survivor is entitled to 50% of the disability award, and

    • (ii) the persons who were dependent children are entitled, as a class, to 50% of the disability award, divided equally among them; and

  • (c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the disability award by the number of those dependent children.

Marginal note:No award — decision under Pension Act
  •  (1) No disability award shall be granted 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, has been the subject of an application for a pension under the Pension Act and the Minister, or the Commission as defined in section 79 of that Act, has rendered a decision in respect of the application.

  • Marginal note:No award — inseparable for purpose of assessment

    (2) No disability award shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the Minister determines that the injury or disease, or the aggravation, is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted under the Pension Act.

  • 2005, c. 21, s. 56;
  • 2011, c. 12, s. 14.

Death Benefit

Marginal note:Eligibility — service-related injury or disease
  •  (1) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

    • (a) the member dies as a result of a service-related injury or disease; and

    • (b) the member’s death occurs within 30 days after the day on which the injury occurred or the disease was contracted.

  • Marginal note:Eligibility — injury or disease aggravated by service

    (2) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

    • (a) the member dies as a result of a non-service-related injury or disease that was aggravated by service; and

    • (b) the member’s death occurs within 30 days after the day on which the injury or disease was aggravated.

Marginal note:Amount of benefit
  •  (1) The amount of the death benefit payable in respect of a member shall be the amount set out in column 2 of item 3 of Schedule 2.

  • Marginal note:Reduction of benefit

    (2) If an amount is paid or payable to a person from a prescribed source in respect of a death for which a death benefit is payable, the Minister may reduce the death benefit payable to the person by a prescribed amount.

Marginal note:Division of benefit

 If a death benefit is payable to a survivor or a person who was, at the time of a member’s death, a dependent child, the following rules apply:

  • (a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the death benefit;

  • (b) if there is a survivor and one or more persons who were dependent children,

    • (i) the survivor is entitled to 50% of the death benefit, and

    • (ii) the persons who were dependent children are entitled, as a class, to 50% of the death benefit, divided equally among them; and

  • (c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the death benefit by the number of those dependent children.

Clothing Allowance

Marginal note:Allowance — amputation
  •  (1) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of their leg at or above a Symes’ amputation a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

  • Marginal note:Allowance — amputation

    (2) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of the arm at or above the wrist a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

  • Marginal note:Allowance — two amputations

    (3) If a member or a veteran has received a disability award on account of two amputations of a kind described in subsection (1) or (2), the Minister may, on application, in addition to the allowances that may be payable under that subsection, pay a clothing allowance in respect of the second amputation equal to 50% of the allowance payable in respect of that amputation.

  • Marginal note:Allowance — other disabilities

    (4) If a member or a veteran has received a disability award for a disability other than a disability described in subsection (1) or (2) that causes wear and tear of clothing, the Minister may, on application, pay a clothing allowance.

  • Marginal note:Specially made wearing apparel

    (5) If a member or a veteran has received a disability award for a disability that requires the wearing of specially made apparel, the Minister may, on application, in addition to any other allowance that may be payable under this section, pay a clothing allowance on account of the purchase of the apparel.

Marginal note:Amount of allowance

 Subject to subsection 60(3), the Minister shall determine the amount of each clothing allowance that may be paid to a member or a veteran in a year, which shall not be greater than the amount set out in column 2 of item 4 of Schedule 2.

Marginal note:When allowance payable

 The clothing allowance under subsections 60(1) to (5) begins to be payable on the later of

  • (a) the day on which the application for the allowance was made, and

  • (b) the day that is one year prior to the day on which the payment of the allowance is approved.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations respecting the rules of evidence and evidentiary presumptions relating to applications for a critical injury benefit, a disability award or a death benefit under this Part.

  • 2005, c. 21, s. 63;
  • 2015, c. 36, s. 216.

Detention Benefit

Marginal note:Eligibility
  •  (1) Subject to subsection (5), the Minister may, on application, pay a detention benefit to a member or a veteran, who, while serving with the Canadian Forces, was detained by a power, for the period spent in detention.

  • Definition of power

    (2) In this section, power means

    • (a) an enemy or an opposing force of Canada;

    • (b) a person or a group that has as one of its purposes or activities the facilitating or carrying out of a terrorist activity; and

    • (c) any prescribed entity.

  • Marginal note:Period evading capture or escaping

    (3) For the purposes of subsection (1), the period spent in detention includes the period during which the member or veteran was engaged in evading capture by, or in escaping from, any power.

  • Marginal note:Amount of benefit

    (4) The Governor in Council may make regulations prescribing the amount of the detention benefit.

  • Marginal note:Restriction

    (5) No detention benefit is payable under this section in respect of a period spent in detention if the period began before the coming into force of this section.

 
Date modified: