Testing of Unregistered US Military Herbicides, including Agent Orange, at CFB Gagetown Ex Gratia Payments Order (SI/2007-87)

Interpretation

1 The following definitions apply in this Order.

Minister

Minister means the Minister of Veterans Affairs. (ministre)

primary caregiver

primary caregiver in relation to an individual, means the adult person who, immediately before the individual died,

• (a) was primarily responsible, without remuneration, for ensuring that care was provided to the individual; and

• (b) for a continuous period of at least one year, resided in the principal residence of the individual and maintained the individual or was maintained by the individual. (principal donneur de soins)

Authorization

2 The Minister is authorized, on application, to make an ex gratia lump sum payment of $20,000 to any individual who meets the following conditions:

• (a) between June 1, 1966 and June 30, 2011, the individual is diagnosed with any one or more of the following medical conditions:

  • (i) chronic lymphocytic leukemia (CLL),

  • (ii) soft tissue sarcoma,

  • (iii) non-Hodgkin’s lymphoma,

  • (iv) Hodgkin’s disease,

  • (v) chloracne,

  • (vi) respiratory cancers (of the lung/bronchus, larynx or trachea)

  • (vii) prostate cancer,

  • (viii) multiple myeloma,

  • (ix) acute and subacute (or early onset) transient peripheral neuropathy,

  • (x) porphyria cutanea tarda,

  • (xi) type 2 diabetes (mellitus), and

  • (xii) spina bifida; and

• (b) at any time from June to September of either 1966 or 1967 the individual or, in the case of an individual diagnosed with spina bifida, a biological parent of the individual

  • (i) worked or lived at CFB Gagetown,

  • (ii) was posted to or trained at CFB Gagetown, or

  • (iii) resided in a community, as determined by the Minister, any portion of which lay within 5 km of the perimeter of CFB Gagetown.

• 3 (1) If an individual dies before receiving payment, the payment shall be made to the primary caregiver of the individual, if any.

• (2) If an individual dies before making an application, the primary caregiver may apply for the payment on behalf of the individual.

• (3) If the primary caregiver dies before receiving payment, no payment shall be made.

Application

4 An application for an ex gratia payment must be made in the manner approved by the Minister no later than June 30, 2011, unless circumstances beyond the control of the applicant necessitate a longer period. The application must be supported by any evidence that the Minister considers necessary.

Cessation of Payments

5 The Minister shall cease to make payments under this Order on December 30, 2011.

Review

• 6 (1) An applicant who is dissatisfied with a decision may request, in writing, a review by the Minister within 60 days after receipt of the decision, unless circumstances beyond the control of the applicant necessitate a longer period.

• (2) An applicant who is dissatisfied with a decision made on review may request, in writing, a further review of the decision within 60 days after receipt of the first level review decision, unless circumstances beyond the control of the applicant necessitate a longer period.

No Crown Liability

7 A payment made under this Order does not constitute an admission of liability on the part of the Crown.

Exclusion

8 This Order does not apply to members of foreign military units.