Veterans Burial Regulations (SOR/2005-200)

Interpretation

1 The following definitions apply in these Regulations.

common-law partner

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the time of the individual’s death, having so cohabited for a period of at least one year. (conjoint de fait)

Corporation

Corporation means the corporation incorporated under the name Last Post Fund, on June 22, 1921, under the Companies Act. (société)

Department

Department means the Department of Veterans Affairs. (ministère)

dependent child

dependent child means a dependent child as defined in subsection 2(1) of the War Veterans Allowance Act. (enfant à charge)

entitled to a disability award

entitled to a disability award means, in respect of a person, that the person

• (a) has received a disability award as defined in subsection 2(1) of the Veterans Well-being Act;

• (b) has not received a disability award as defined in subsection 2(1) of that Act because one of the conditions set out in section 53 of that Act, as it read immediately before April 1, 2019, had not been met as of that day, unless a decision regarding the application for pain and suffering compensation referred to in subsection 174(1) of that Act has been made; or

• (c) but for subsection 54(1) of that Act as it read immediately before April 1, 2019, would have received a disability award as defined in subsection 2(1) of that Act. (droit à une indemnité d’invalidité)

entitled to a pension

entitled to a pension, in respect of a deceased person, means that, at the time of death, the person was receiving a pension under the Pension Act or had received a final payment of a pension, or that the Minister had determined that the person was entitled to a pension. (droit à une pension)

entitled to pain and suffering compensation

entitled to pain and suffering compensation means, in respect of a person, that the person

• (a) has received pain and suffering compensation under subsection 45(1) or 47(1) of the Veterans Well-being Act;

• (b) is referred to in subsection 45(1) of that Act but whose extent of disability has not yet been assessed; or

• (c) but for subsection 56.4(1) of that Act, would have received pain and suffering compensation under subsection 45(1) or 47(1) of that Act. (droit à une indemnité pour douleur et souffrance)

income-qualified civilian

income-qualified civilian means a civilian as defined in subsection 56(1) of the Civilian War-related Benefits Act who

• (a) was at the time of death in receipt of an allowance under subsection 57(1) of that Act; or

• (b) would have been eligible at the time of death for an allowance under that subsection were it not for payments made to the civilian or the civilian’s spouse or common-law partner, or for which the civilian or the civilian’s spouse or common-law partner was eligible under the Old Age Security Act or similar legislation of another country. (civil au revenu admissible)

Minister

Minister means the Minister of Veterans Affairs. (ministre)

net assets of the succession

net assets of the succession means the net value of the portion of succession to a deceased person’s estate that, in accordance with the laws of the country or the province in which the person was domiciled at the time of death, can be transferred to the heirs by way of bequest or inheritance after the payment of all debts owed by the person or the estate, including the costs of the following: the deceased person’s last sickness, funeral, burial, cremation and gravemarker. (actif net successoral)

net assets of the survivor

net assets of the survivor means the net worth of the survivor. (actif net du survivant)

overseas service civilian

overseas service civilian means a person referred to in paragraphs (e) to (i) of the definition civilian in subsection 56(1) of the Civilian War-related Benefits Act. (civil ayant servi outre-mer)

pensioned condition

pensioned condition means a disability in respect of which a person is entitled to a pension. (état indemnisé)

pensioner

pensioner means a person who at the time of death was entitled to a pension in respect of a disability payable under, or because of,

• (a) the Pension Act, including a supplementary pension under section 64, 65 or 66 of that Act, but not including a pension that is awarded under subsection 22(2) of that Act or continued under subsection 83(4) of that Act;

• (b) any of Parts I to III and VI to X of the Civilian War-related Benefits Act;

• (c) paragraph 3(c) of the Special Operators War Service Benefits Act, R.S.C. 1952, c. 256;

• (d) paragraphs 3(d) and (e) of the Women’s Royal Naval Services and the South African Military Nursing Service (Benefits) Act, R.S.C. 1952, c. 297;

• (e) Veterans Affairs Vote 815 of Schedule C to The Appropriation Act, No. 4, 1950, S.C. 1950, c. 55 or any other provision enacted by Parliament for the continuation of certain Newfoundland pensions that were not payable under the terms of the union of Canada and Newfoundland; or

• (f) the Civilian Government Employees (War) Compensation Order. (pensionné)

survivor

survivor means a survivor as defined in subsection 2(1) of the War Veterans Allowance Act. (survivant)

veteran

veteran means one of the following persons:

• (a) a former member of the Canadian Forces or any predecessor naval, army or air forces of Canada or Newfoundland;

• (b) a Canadian merchant mariner of World War I or World War II within the meaning of subsection 21.1(3) or (4), respectively, of the Pension Act;

• (c) [Repealed, SOR/2014-74, s. 1]

• (d) a Canadian merchant mariner of the Korean War within the meaning of subsection 21.1(5) of the Pension Act;

• (e) a special operator who is deemed to be a veteran under paragraph 3(a) of the Special Operators War Service Benefits Act, R.S.C. 1952, c. 256;

• (f) a supervisor who is deemed to be a veteran under paragraph 3(a) of the Supervisors War Service Benefits Act, R.S.C. 1952, c. 258;

• (g) a person who is deemed to be a veteran under section 3 of the Women’s Royal Naval Services and the South African Military Nursing Service (Benefits) Act, R.S.C. 1952, c. 297;

• (h) a person on whom the benefits of the Pension Act may be conferred under section 64, 65 or 66 of that Act;

• (i) a person who, as a member of His Majesty’s naval, army or air forces or of similar forces allied with His Majesty, served on active service during World War I or World War II and was resident in Canada at the time he or she became a member of those forces; or

• (j) an allied veteran within the meaning of subsection 37(4), (4.1) or (4.2) of the War Veterans Allowance Act. (ancien combattant)

World War I

World War I has the meaning assigned in subsection 3(1) of the Pension Act. (Première Guerre mondiale)

World War II

World War II has the meaning assigned in subsection 3(1) of the Pension Act. (Seconde Guerre mondiale)

PART 1Financial Assistance

Eligibility for Financial Assistance

2 Financial assistance towards last sickness, funeral, burial and cremation costs in accordance with section 3 is payable

• (a) if there is an insufficiency of funds, as determined under section 4, for the following deceased persons, namely,

  • (i) a pensioner who dies in Canada or elsewhere,

  • (ii) a veteran or an income-qualified civilian or an overseas service civilian who dies in Canada,

  • (iii) a veteran who is buried or cremated in Canada,

  • (iv) a veteran referred to in any of paragraphs (a) to (g) of the definition veteran in section 1 who dies outside Canada,

  • (v) an overseas service civilian who dies outside Canada, or

  • (vi) a veteran or a civilian who dies outside Canada and on the date of death was undergoing a medical examination required by the Minister or by the Veterans Review and Appeal Board;

  • (vii) and (viii) [Repealed, SOR/2014-74, s. 2]

• (b) in Canada or elsewhere, for the following deceased persons, namely,

  • (i) a pensioner, referred to in any of paragraphs (b) to (f) of the definition of pensioner in section 1, whose death was as a result of an injury or disease or an aggravation of an injury or disease that was attributable to or was incurred during the pensioner’s service,

  • (ii) a person in respect of whom a pension is awarded in accordance with paragraph 21(1)(b) or (2)(b) of the Pension Act,

  • (iii) a pensioner who on the date of death was receiving treatment benefits under Part I of the Veterans Health Care Regulations in respect of a period of acute care for a pensioned condition,

  • (iii.1) a person who, on the date of death, was receiving treatment benefits under Part I of the Veterans Health Care Regulations in respect of a period of acute care for a pensioned condition or for an injury or disease in respect of which they are entitled to a disability award or entitled to pain and suffering compensation,

  • (iv) a person who, on the date of death, was undergoing a medical examination required by the Minister or by the Veterans Review and Appeal Board,

  • (v) a pensioner who on the date of death was in receipt of treatment benefits under Part I of the Veterans Health Care Regulations in respect of hospitalization for a condition in respect of which it is uncertain whether the condition was a pensioned condition, or

  • (vi) a person who dies as a result of a service-related injury or disease or a non-service-related injury or disease that was aggravated by service in accordance with the Veterans Well-being Act.

Amounts of Financial Assistance

• 3 (1) Financial assistance is payable for the following costs:

  • (a) any medical costs of the deceased person’s last sickness that were not otherwise paid by the Minister and that are not insured under a private or provincial health care plan;

  • (b) the costs of the following funeral services:

    • (i) preparation of the remains,

    • (ii) provision of a casket that meets the standards specified by the Minister or provision of an urn,

    • (iii) provision of ceremonial services,

    • (iv) provision of death notices,

    • (v) transportation of the remains from the place where the death occurred to a funeral home and to a place of burial or cremation, and

    • (vi) transportation of the remains that requires the services of two funeral homes because the funeral home or place of burial or cremation are not in the same locality as the place where the death occurred;

  • (c) if necessary, the cost of any special preparation of the remains for viewing;

  • (d) if required, the cost of providing a single grave and reasonable costs of opening and closing the grave and its perpetual care;

  • (e) if a grave liner is required by the authorities of the cemetery, municipality or province, the cost of a decomposable or non-decomposable grave liner; and

  • (f) the cost of cremating the remains.

• (2) The amount of financial assistance is the least of

  • (a) the aggregate of the amounts for the costs described in subsection (1), adding any goods and services tax, harmonized sales tax or provincial sales tax. In this aggregate amount the costs, before tax, do not exceed

    • (i) in respect of the costs referred to in paragraph (1)(a), $75,

    • (ii) in respect of the costs referred to in subparagraphs (1)(b)(i) to (v), $7,376,

    • (iii) in respect of the cost referred to in subparagraph (1)(b)(vi), $500,

    • (iv) in respect of the cost of any special preparation of the remains under paragraph (1)(c), $210,

    • (v) in respect of the cost of a decomposable grave liner under paragraph (1)(e), $200, and

    • (vi) in respect of the cost of a non-decomposable grave liner under paragraph (1)(e), $570;

  • (b) in the cases described in paragraph 2(a), the amount of any insufficiency of funds, determined under section 4.

• (3) Despite paragraph (2)(a), an additional amount may be paid to cover the difference between the cost of a normal casket and the cost of an oversized casket or a hermetically sealed one.

• (4) Financial assistance is payable only if no similar payment has been made by the Government of Canada in respect of the same deceased person.

Determination of Insufficiency of Funds

• 4 (1) A determination in respect of an insufficiency of funds to meet costs, for the purpose of the provision of financial assistance, must be made by the Corporation as follows:

  • (a) if the deceased person has a survivor or a dependent child, the following amounts are deducted from the sum of the net assets of the survivor and the net assets of the succession, namely,

    • (i) $35,279 for the survivor or, if there is no survivor, for the dependent child,

    • (ii) $700 for each additional dependent child,

    • (iii) the aggregate of the amounts under paragraphs 3(2)(a) minus any amount already paid for the costs set out in subsection 3(1), if these amounts have not already been considered in the determination of the net assets of the succession,

    • (iv) if a gravemarker is not provided under section 5,

      • (A) the lesser of the actual cost of a gravemarker and the value of the gravemarker that would have been provided under that section minus the amount already paid for the gravemarker, if this amount has not already been considered in the determination of the net assets of the succession, and

      • (B) a reasonable amount for the perpetual care of the gravemarker, if this amount has not already been considered in the determination of the net assets of the succession,

    • (v) an amount equal to the person’s monthly income before their death,

    • (vi) if applicable, an amount equal to the market value of a motor vehicle that is ordinarily used by the deceased person’s family as a mode of transportation and that is chosen by the person making the application for financial assistance,

    • (vii) if applicable, an amount equal to the market value of the residence where the deceased person’s family lives, as chosen by the person making the application for financial assistance, and

    • (viii) an amount equal to the market value of the household effects of the deceased person’s family; and

  • (b) if the deceased person does not have a survivor or dependent children, the deductible amounts described in paragraph (a) do not apply, and the net assets of the succession as a whole are to be taken into consideration.

• (2) If the amount determined under paragraph (1)(a) or (b) is nil or negative, there is an insufficiency of funds.

• (3) The amount set out in subparagraph 4(1)(a)(i) is to be adjusted on January 1 of each year in accordance with the percentage increase to the Consumer Price Index for the year ending on September 30 of the previous year.

• (4) The Consumer Price Index is the average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada.

Gravemarkers

• 5 (1) If neither a foreign government, nor the Commonwealth War Graves Commission nor any other agency provides a gravemarker, a gravemarker must, subject to subsection (2), be provided and installed for the following persons:

  • (a) in Canada or elsewhere, if there is an insufficiency of funds, as determined under section 4, on application, a person described in any of subparagraphs 2(a)(i) or (iv) to (vi);

  • (b) in Canada, if there is an insufficiency of funds, as determined under section 4, on application, a person described in subparagraph 2(a)(ii) or (iii); and

  • (c) in Canada or elsewhere, a person described in paragraph 2(b).

• (2) The provision of a gravemarker under these Regulations is subject to the condition that the gravemarker must not be altered or replaced without the prior consent of the Minister.

• 6 (1) Gravemarkers provided under these Regulations and their inscription must meet the standards specified by the Minister and are to be provided only when acceptable to the applicable cemetery authority and the applicant receiving financial assistance.

• (2) A bronze gravemarker that meets the standards specified by the Minister may be provided only if required by the applicable cemetery authority.

Standards

7 The Minister may specify standards for the size and any other characteristics of caskets and gravemarkers provided under these Regulations.

PART 2Administration

Applications

• 8 (1) Any person may apply for a gravemarker and for financial assistance for last sickness, funeral, burial and cremation costs on behalf of a deceased person.

• (2) No financial assistance is payable unless an application for it is made within one year after the date that the remains of the deceased person become available for interment.

• (3) If an application for financial assistance is received but cannot be acted on as a result of a pending decision as to whether the person is entitled to a disability award or entitled to pain and suffering compensation or as to whether a pension may be awarded under paragraph 21(1)(b) or (2)(b) of the Pension Act, the application is suspended until a decision has been rendered.

• (4) If a person is determined to be entitled to a disability award or entitled to pain and suffering compensation or a decision is made to award a pension under paragraph 21(1)(b) or (2)(b) of the Pension Act, the application for financial assistance must be acted on as if the initial decision with respect to eligibility under subparagraph 2(b)(i), (ii) or (vi) had been favourable.

• (5) If more than one person applies for financial assistance in respect of the same death, the order of priority for an application, to the exclusion of all others, is as follows:

  • (a) the liquidator of the succession of the deceased;

  • (b) the survivor of the deceased;

  • (c) the person who is best able to ensure the burial; and

  • (d) the person who lives closest to the place of burial of the deceased.

Agreement with the Last Post Fund

• 9 (1) For the purpose of facilitating the provision of financial assistance and gravemarkers under Part 1, as well as the administration of these Regulations, the Minister may enter into an agreement with the Corporation by which

  • (a) the Corporation determines the eligibility for and provides, on behalf of the Government of Canada, that assistance and gravemarkers in accordance with these Regulations; and

  • (b) the Minister reimburses the Corporation for any costs incurred under paragraph (a), by Parliamentary appropriation.

• (2) An agreement must address

  • (a) the requirements for an application for financial assistance and gravemarkers under Part 1 and the procedure by which the application may be received by the Corporation, including any declarations and undertakings that the Corporation may require the applicant to make;

  • (b) the regular channels of communication to be used between the Corporation and the Department;

  • (c) the procedure to be followed for obtaining or verifying, from the records of the Department, relevant information concerning a person’s eligibility for financial assistance and gravemarkers under Part 1 or any other information necessary for the administration of these Regulations;

  • (d) the procedures to be followed by the Corporation when making determinations concerning a person’s eligibility under paragraph 2(a), including

    • (i) the identification of the representatives of the Corporation duly authorized to render those determinations,

    • (ii) the provision of any determination to the applicant, and

    • (iii) the provision of a notice to the applicant respecting any internal appeal process established by the Corporation;

  • (e) the procedures to be followed by the Corporation in respect of applications under paragraph 2(b), including

    • (i) referrals to the Department,

    • (ii) the provision of any determination to the applicant, and

    • (iii) the provision to the applicant of any review of a determination;

  • (f) the documentation and records to be kept by the Corporation in respect of applications, and the transfer of those documents and records to the Department;

  • (g) the determination and reimbursement to be made of the Corporation’s administrative and operating expenses by Parliamentary appropriation;

  • (h) the financial procedures to be used for reimbursing the Corporation, including

    • (i) the determination of the amounts and frequency of reimbursements to the Corporation, including refunds for expenditures made in a previous fiscal year,

    • (ii) the statistical and accounting information on which the reimbursements are to be based and the manner, form and frequency with which the Corporation must report that information,

    • (iii) the manner in which deductions may be made from reimbursements to the Corporation in respect of overpayments of financial assistance that are being recovered by the Corporation,

    • (iv) the conditions and manner in which reimbursements to the Corporation may be made in advance, and

    • (v) the standards by which the estimates and the budget of the Corporation must be prepared and its accounts must be kept;

  • (i) the business plans, operating budgets, capital budgets and performance reports to be submitted by the Corporation to the Minister;

  • (j) the audit of the Corporation’s accounts, the access that auditors and evaluators may have to the Corporation’s records relating to its functions under the agreement and the evaluation of the Corporation’s performance in light of the agreement;

  • (k) the safeguarding of any personal information as defined in the Privacy Act that may be collected by the Department or the Corporation for the purposes of these Regulations;

  • (l) the exercise by the Corporation of the rights or powers that the Minister has in respect of burial in any cemeteries and burial plots owned or controlled by the Government of Canada;

  • (m) the assumption or exclusion of any obligations or liabilities that might be incurred by the Corporation in connection with any function or procedure under the agreement;

  • (n) the notice to be given and the formalities required for a termination of the agreement; and

  • (o) the specification of which law governs the agreement and its interpretation.

• (3) The Minister may

  • (a) terminate an agreement at any time after the notice and formalities required by the agreement have been given and may enter into similar agreements with one or more other bodies, in which case a reference to the corporation in section 4, 9 and 10 shall be read as a reference to the other body or bodies; or

  • (b) assign any of the functions referred to in this section to be carried out by employees of the Department.

• (4) An agreement may be amended or replaced by subsequent agreements.

• (5) The Minister must determine whether the conditions set out in paragraph (b) of the definition income-qualified civilian in section 1 or under subparagraph 2(b)(i), (ii) or (vi) are met and inform the Corporation of the determination.

• (6) The Minister must advise the Corporation whether any deceased person was, at the time of death,

  • (a) a person entitled to a disability award, entitled to pain and suffering compensation or entitled to a pension; or

  • (b) a person referred to in paragraph (a) of the definition income-qualified civilian in section 1 or a person referred to in any of subparagraphs 2(b)(ii) to (iv).

• (7) The Minister must make available on request to the public

  • (a) the agreements in force and of any amendments to them; and

  • (b) the standards specified under section 7.

Review of Determination

• 10 (1) A person who is dissatisfied with a final determination of the Corporation, or with a determination with respect to eligibility made under subparagraph 2(b)(i), (ii) or (vi), may, within 60 days after receiving that determination or, if circumstances beyond the control of the person necessitate a longer period, within the longer period, apply in writing to the Minister for a review of that determination.

• (2) If, after the review, the Minister concludes that the final determination made by the Corporation was in error, the Minister may take any steps to remedy the error that the Minister considers necessary in the circumstances.

• (3) In lieu of the review referred to in subsection (1), if a person is dissatisfied with a determination with respect to eligibility referred to in subparagraphs 2(b)(i) or (ii), the person may within 60 days after receiving the determination or, if circumstances beyond the control of the person necessitate a longer period, within the longer period, apply to the Minister for a decision under paragraph 21(1)(b) or (2)(b) of the Pension Act, unless an application for that purpose has previously been made.

Other Activities of the Corporation

11 Nothing in these Regulations precludes the Corporation from providing financial assistance and a gravemarker similar to the financial assistance and gravemarker referred to under Part 1 for any deceased person who is ineligible under these Regulations

• (a) on the Corporation’s own initiative and at its own expense; or

• (b) on the request and at the expense of any department of the Government of Canada, the government of any province, any municipality, any foreign government or agency, or any other person, corporation or agency.

Gravemarker Maintenance

12 If a gravemarker or financial assistance towards funeral, burial and cremation costs have been provided under these Regulations or under predecessor enactments dealing with the same subject-matter, all necessary maintenance of the gravemarker must be provided by the Minister, including the replacement or refurbishment of

• (a) the gravemarker in any cemetery or block of graves owned by the Government of Canada and allocated to former members of the armed forces or the merchant navy or any persons who engaged in pursuits relating to war on behalf of Canada; or

• (b) a gravemarker, of the standard referred to in subsection 6(1), in the cemetery where the original gravemarker or burial was provided.

Repeals

13 [Repeal]

14 [Repeal]

Coming into Force

15 These Regulations come into force on the day on which they are registered.