Canadian Forces Members and Veterans Re-establishment and Compensation Regulations (SOR/2006-50)

Regulations are current to 2016-05-12 and last amended on 2015-07-16. Previous Versions

Canadian Forces Members and Veterans Re-establishment and Compensation Regulations

SOR/2006-50

DEPARTMENT OF VETERANS AFFAIRS ACT

CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION ACT

Registration 2006-03-23

Canadian Forces Members and Veterans Re-establishment and Compensation Regulations

P.C. 2006-137 2006-03-23

Her Excellency the Governor General in Council, on the recommendation of the Minister of Veterans Affairs and the Treasury Board, pursuant to subsections 19(2) and 23(4), sections 26, 41 and 63, subsections 64(4) and 74(2) and section 94 of the Canadian Forces Members and Veterans Re-establishment and Compensation ActFootnote a and section 5Footnote b of the Department of Veterans Affairs ActFootnote c, hereby makes the annexed Canadian Forces Members and Veterans Re-establishment and Compensation Regulations.

Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Canadian Forces Members and Veterans Re-establishment and Compensation Act. (Loi)

Class A Reserve Service

Class A Reserve Service has the same meaning as in subarticle 9.06(1) of the Queen’s Regulations and Orders for the Canadian Forces and includes proceeding to and returning from the place where the training or duty is performed. (service de réserve de classe A)

Class B Reserve Service

Class B Reserve Service has the same meaning as in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces. (service de réserve de classe B)

Class C Reserve Service

Class C Reserve Service has the same meaning as in article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces. (service de réserve de classe C)

emergency

emergency has the same meaning as in subsection 2(1) of the National Defence Act. (état d’urgence)

regular force

regular force has the same meaning as in subsection 2(1) of the National Defence Act. (force régulière)

reserve force

reserve force has the same meaning as in subsection 2(1) of the National Defence Act. (force de réserve)

PART 1Career Transition Services

[SOR/2011-219, s. 1]
  •  (1) The following persons may be provided career transition services under section 3 of the Act:

    • (a) if they were not released under item 1 or 2 of the table to article 15.01 of the Queen’s Regulations and Orders for the Canadian Forces, a veteran of

      • (i) the regular force who has completed basic training and who applies no later than two years after the day on which they were released,

      • (ii) the reserve force who has completed at least 21 months of full-time service during 24 consecutive months and who applies no later than two years after the day on which they were released, or

      • (iii) the reserve force after completion of special duty service or service on which the veteran was called out in respect of an emergency and who applies no later than two years after the day on which they were released;

    • (b) any veteran to whom a Canadian Forces income support benefit is payable under section 27 of the Act;

    • (c) if an application is made no later than two years after the death of the veteran or the member, as the case may be, a survivor of

      • (i) a veteran who met the conditions — other than the requirement to have made an application — set out in paragraph (a),

      • (ii) a member of the regular force,

      • (iii) a member of the reserve force who, at the time of death, had completed or committed in writing to at least 21 months of full-time service during 24 consecutive months, or

      • (iv) a member of the reserve force after completion of special duty service or service on which the member was called out in respect of an emergency; and

    • (d) a survivor to whom a Canadian Forces income support benefit is payable under section 28 of the Act.

  • (2) The maximum amount that may be paid or reimbursed to a veteran or survivor in respect of the provision of career transition services is $1000.

  • SOR/2011-219, s. 2;
  • SOR/2012-289, s. 13.

 An application under section 3 of the Act shall be made in writing and shall include, at the request of the Minister, any information or documents that are necessary to enable the Minister to assess whether the applicant is eligible.

  • SOR/2011-219, s. 3;
  • SOR/2012-289, s. 13.

 Payment or reimbursement for the provision of career transition services is conditional on

  • (a) the Minister receiving, no more than 12 months after the day on which the service is provided, an invoice from the career transition service provider that includes the name and address of the provider and, in the case of a claim for reimbursement, proof of payment; and

  • (b) the career transition services being delivered by a person whose primary business is that of providing career counselling, job-search training and job-finding assistance.

  • SOR/2011-219, s. 4;
  • SOR/2011-302, s. 1;
  • SOR/2012-289, s. 13.

 [Repealed, SOR/2012-289, s. 13]

PART 2Rehabilitation Services, Vocational Assistance and Financial Benefits

Interpretation

 The definitions in this section apply for the purpose of Part 2 of the Act.

barrier to re-establishment in civilian life

barrier to re-establishment in civilian life means the presence of a temporary or permanent physical or mental health problem that limits or prevents an individual’s reasonable performance of their roles in the workplace, home or community. (entrave à la réinsertion dans la vie civile)

suitable gainful employment

suitable gainful employment means, in relation to a veteran, employment for which the veteran is reasonably qualified by reason of education, training and experience and that provides a monthly rate of pay equal to at least 66 2/3% of the imputed income of the veteran as referred to in subsection 19(1) of the Act. (emploi rémunérateur et convenable)

totally and permanently incapacitated

totally and permanently incapacitated means, in relation to a veteran, that the veteran is incapacitated by a permanent physical or mental health problem that prevents the veteran from performing any occupation that would be considered to be suitable gainful employment. (incapacité totale et permanente)

  • SOR/2009-225, s. 1(E).

Rehabilitation Services and Vocational Assistance

  •  (1) For the purpose of subsection 9(3) of the Act, subsection 9(1) of the Act does not apply to a veteran who was a member of

    • (a) the Cadet Instructors Cadre, the Canadian Rangers or the Supplementary Reserve Force unless the veteran was serving on a period of Class C Reserve Service at the time that the physical or mental health problem leading to the release manifested itself; or

    • (b) the primary reserve unless the veteran was serving on a period of Class A, B, or C Reserve Service at the time that the physical or mental health problem leading to the release manifested itself.

  • (2) For the purpose of paragraph (1)(b), a veteran who served on a period of reserve service of at least 2 consecutive days is deemed to have served 24 hours a day for the duration of the period that they were required to serve.

 For the purpose of paragraph 10(5)(a) or 13(4)(a) of the Act, the Minister shall have regard to the following principles:

  • (a) that the provision of services be focused on addressing the needs of the applicant;

  • (b) that the provision of services will involve family members to the extent required to facilitate the rehabilitation;

  • (c) that the services be provided as soon as practicable;

  • (d) that the services provided be focused on building the applicant’s education, skills, training and experience; and

  • (e) that the services provided not be focused solely on the applicant’s military occupation.

  • SOR/2009-225, s. 2(E);
  • SOR/2015-69, s. 1.

 For the purpose of paragraph 10(5)(a) and 13(4)(a) of the Act, the Minister shall have regard to the following factors:

  • (a) the potential for improvement to an applicant’s physical, psychological and social functioning, employability and quality of life;

  • (b) the need for family members to be involved in the provision of services;

  • (c) the availability of local resources;

  • (d) the motivation, interest and aptitudes of the applicant;

  • (e) the cost effectiveness of the plan; and

  • (f) the duration of the plan.

  • SOR/2009-225, s. 3(F);
  • SOR/2015-69, s. 2.
 
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