Veterans Health Care Regulations (SOR/90-594)

Regulations are current to 2017-12-11 and last amended on 2016-04-01. Previous Versions

Veterans Health Care Regulations

SOR/90-594

DEPARTMENT OF VETERANS AFFAIRS ACT

Registration 1990-08-28

Regulations Respecting Health Care For Veterans And Other Persons

P.C. 1990-1825 1990-08-28

His Excellency the Governor General in Council, on the recommendation of the Minister of Veterans Affairs and the Treasury Board, pursuant to subsection 5(1) of the Department of Veterans Affairs Act, is pleased hereby to approve the revocation by the Minister of Veterans Affairs of the Veterans Care Regulations, approved by Order in Council P.C. 1984-2971 of August 31, 1984Footnote *, and to approve the annexed Regulations respecting health care for veterans and other persons, made by the Minister of Veterans Affairs, in substitution therefor, effective September 1, 1990.

Short Title

 These Regulations may be cited as the Veterans Health Care Regulations.

Interpretation

 In these Regulations,

adult residential care

adult residential care means a service provided in a health care facility to meet a type I health need; (soins institutionnels pour adultes)

Canada service veteran

Canada service veteran means a veteran who

  • (a) served

    • (i) on full-time active service, other than service in a theatre of actual war as that expression is defined in subsection 37(8) of the War Veterans Allowance Act, as a member of the naval, army or air forces of Canada or of similar forces raised in Newfoundland, for a minimum of 365 days during any of the following periods, namely,

      • (A) the period beginning on August 4, 1914 and ending on August 31, 1921, and

      • (B) the period beginning on September 1, 1939 and ending on August 15, 1945, or

    • (ii) as a Canadian merchant mariner of World War I or World War II, as described in section 21.1 of the Pension Act, other than as a merchant navy veteran of World War I or World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act, for a minimum of 365 days during any of the following periods, namely,

      • (A) the period beginning on August 4, 1914 and ending on August 31, 1921, and

      • (B) the period beginning on September 1, 1939 and ending on August 15, 1945,

  • (b) is 65 years of age or more, and

  • (c) would qualify as a recipient under the War Veterans Allowance Act but for the fact

    • (i) that the veteran does not meet the requirements of subsection 37(3) or (5) of that Act, or

    • (ii) that

      • (A) the veteran or the veteran’s spouse or common-law partner is in receipt of payments made under the Old Age Security Act or under similar legislation of another country, and

      • (B) the veteran does not meet the requirements of subsection 37(3) or (5) of the War Veterans Allowance Act; (ancien combattant ayant servi au Canada)

chronic care

chronic care means a service provided in a health care facility to meet a type III health need; (soins prolongés)

civilian

civilian has the same meaning as in subsection 56(1) of the Civilian War-related Benefits Act; (civil)

civilian pensioner

civilian pensioner means a person who is entitled to a pension under

client

client means a

  • (a) veteran pensioner, income-qualified veteran, overseas service veteran, dual service veteran or a veteran to whom paragraphs (a) and (b) of the definition Canada service veteran apply,

  • (b) civilian pensioner, income-qualified civilian or civilian,

  • (c) Newfoundland Special Award pensioner,

  • (d) military service pensioner,

  • (e) Red Cross pensioner,

  • (f) flying accident pensioner,

  • (g) special duty service pensioner,

  • (h) a prisoner of war entitled to basic compensation under subsection 71.2(1) of the Pension Act,

  • (i) a veteran described in paragraph (h) of the definition veteran,

  • (j) former member or reserve force member who is entitled to a disability award, or

  • (k) former member or reserve force member who has received a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act; (client)

common-law partner

common-law partner, in relation to an individual, means a person who is cohabiting with the individual at the relevant time in a conjugal relationship, having so cohabited for a period of at least one year. For greater certainty,

  • (a) in the case of an individual’s death, the relevant time means the time of that death, and

  • (b) common-law partners cease to be common-law partners when they cease to cohabit except if it is by reason only of the placement of one of the partners in a health care facility; (conjoint de fait)

community facility

community facility means a health care facility in Canada that is approved by the Minister and provides accommodation and meals and adult residential care, intermediate care or chronic care; (établissement communautaire)

contract bed

contract bed means a bed that is set aside in a community facility pursuant to a contractual arrangement entered into by the Minister for the adult residential care, intermediate care or chronic care of certain veterans; (lit réservé)

departmental facility

departmental facility[Repealed, SOR/2016-31, s. 1]

dual service veteran

dual service veteran means a veteran as described in subsection 37(5) or (6) of the War Veterans Allowance Act; (ancien combattant à service double)

entitled to a disability award

entitled to a disability award in relation to a member or former member, means a member or former member who

  • (a) has received a disability award under subsection 45(1) or 47(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act,

  • (b) is waiting for the Minister to determine that their disability has stabilized pursuant to section 53 of that Act, or

  • (c) but for subsection 54(1) of that Act, would have received a disability award under susbsection 45(1) or 47(1) of that Act; (droit à une indemnité d’invalidité)

entitled to a disability award in respect of special duty service

entitled to a disability award in respect of special duty service in relation to a member or former member, means that the injury or disease, or aggravation thereof, for which the member or former member is entitled to a disability award, was attributable to or was incurred during special duty service as that term is defined in susbsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act. (droit à une indemnité d’invalidité en raison du service spécial)

entitled to a pension

entitled to a pension means, in respect of a person, that the person receives a pension, has received a final payment of a pension or has been declared eligible for a pension; (droit à une pension)

flying accident pensioner

flying accident pensioner means a person entitled to a pension that is compensation under the Flying Accidents Compensation Regulations for an injury sustained by the person; (pensionné à la suite d’un accident d’aviation)

full-time active service

full-time active service means that part of active service that does not include

  • (a) periods of absence without leave or leave of absence without pay,

  • (b) periods in respect of which pay is forfeited, or

  • (c) time served in prison or other detention; (service actif à temps plein)

health

health means a state of physical, mental and social well-being; (santé)

health professional

health professional means a physician, dentist, nurse or other health care practitioner approved by the Minister; (professionnel de la santé)

income-qualified civilian

income-qualified civilian means a civilian who is in receipt of an allowance under subsection 57(1) of the Civilian War-related Benefits Act or in respect of whom a determination has been made that the civilian would be eligible for such an allowance if the civilian or their spouse or common-law partner were not in receipt of, or eligible to receive, payments under the Old Age Security Act or similar legislation of another country; (civil au revenu admissible)

income-qualified overseas service civilian

income-qualified overseas service civilian means an overseas service civilian who is an income-qualified civilian; (civil au revenu admissible ayant servi outre-mer)

income-qualified veteran

income-qualified veteran means a veteran referred to in any of paragraphs (a) to (g) of the definition veteran who is in receipt of an allowance under the War Veterans Allowance Act or in respect of whom a determination has been made that the veteran would be eligible for such an allowance if the veteran or their spouse or common-law partner were not in receipt of, or eligible to receive, payments under the Old Age Security Act or similar legislation of another country; (ancien combattant au revenu admissible)

intermediate care

intermediate care means a service provided in a health care facility to meet a type II health need; (soins intermédiaires)

merchant navy veteran

merchant navy veteran[Repealed, SOR/2001-157, s. 1]

military service pensioner

military service pensioner means a former member or reserve force member who is entitled to a pension under the Pension Act for a disability related to military service that was not

  • (a) active service in World War I or World War II,

  • (b) service in a theatre of operations, as that expression is defined in section 2 of the Veterans Benefit Act, or

  • (c) special duty service, as defined in subsection 3(1) of the Pension Act; (pensionné du service militaire)

Newfoundland Special Award pensioner

Newfoundland Special Award pensioner means a person who was not entitled to a pension in accordance with the terms of the union of Canada and Newfoundland but was recognized by the Canadian government as entitled to the continuation of an award paid before that union in respect of a disability incurred during service in World War I or World War II; (pensionné titulaire d’une attribution spéciale (Terre-Neuve))

overseas service civilian

overseas service civilian means a civilian described in paragraph (e), (f), (g), (h) or (i) of the definition civilian in subsection 56(1) of the Civilian War-related Benefits Act; (civil ayant servi outre-mer)

overseas service veteran

overseas service veteran means

  • (a) in respect of Parts I and III, a veteran referred to in any of paragraphs (a) to (g) of the definition veteran who, before April 1, 1946, served during World War I or World War II,

    • (i) in a theatre of actual war, as that expression is defined in subsection 37(8) of the War Veterans Allowance Act, or

    • (ii) as a merchant navy veteran of World War I or World War II within the meaning of subsection 37(7.3) of that Act,

  • (b) in respect of Part II, a veteran referred to in any of paragraphs (a) to (g) of the definition veteran who served during World War I or World War II as defined in subsection 37(10) of that Act

    • (i) in a theatre of actual war, as that expression is defined in subsection 37(8) of that Act, or

    • (ii) as a merchant navy veteran of World War I or World War II within the meaning of subsection 37(7.3) of that Act,

  • (c) a veteran who

    • (i) was on service in a theatre of operations, as that expression is defined in section 2 of the Veterans Benefit Act, as a member of the Canadian Forces, including the special force, or

    • (ii) served as a Canadian merchant navy veteran of the Korean War, within the meaning of subsection 37(7.4) of the War Veterans Allowance Act, or

  • (d) an allied veteran described in paragraphs 37(4)(c.1) and (d.1) or subsection 37(4.2) of the War Veterans Allowance Act; (ancien combattant ayant servi outre-mer)

pension

pension means

but, for greater certainty, does not include a compassionate award under section 34 of the Veterans Review and Appeal Board Act; (pension)

pensioned condition

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

Red Cross pensioner

Red Cross pensioner means a Red Cross worker who is entitled to a pension pursuant to the Memorandum of Agreement between Her Majesty The Queen and The Canadian Red Cross Society made on October 17, 1952; (pensionné de la Croix-Rouge)

reserve force member

reserve force member means a member

  • (a) of the Supplementary Reserve Force,

  • (b) on a period of Class A Reserve Service, as described in article 9.06 of the Queen’s Regulations and Orders for the Canadian Forces, or

  • (c) on a period of 180 days or less of Class B Reserve Service, as described in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces; (membre de la force de réserve)

seriously disabled

seriously disabled, in relation to a client, means that the client’s extent of disability, in respect of the aggregate of all of the client’s disability assessments under the Pension Act and the Canadian Forces Members and Veterans Re-establishment and Compensation Act, is equal to or greater than 78%; (déficience grave)

special duty area pensioner

special duty area pensioner[Repealed, SOR/2003-362, s. 1]

special duty service pensioner

special duty service pensioner means a former member or reserve force member who is entitled to a pension under the Pension Act for a disability attributable to or incurred during special duty service, as defined in subsection 3(1) of that Act; (pensionné du service spécial)

spouse

spouse, in relation to an individual, means a person who is legally married to the individual and who

  • (a) resides with the individual or in a health care facility, or

  • (b) maintains or is being maintained by the individual; (époux)

supplementary benefits

supplementary benefits means the benefits referred to in section 6; (avantages supplémentaires)

treatment benefits

treatment benefits means the benefits referred to in section 4; (avantages médicaux)

type I health need

type I health need means the need of a person for personal care and supervision on a continuing basis, where the person is ambulant or independently mobile but has decreased physical or mental faculties; (besoins de santé de type I)

type II health need

type II health need means the need of a person for personal care on a continuing basis under the supervision of a health professional, where the person has a functional disability, has reached the apparent limit of recovery and has little need for diagnostic or therapeutic services; (besoins de santé de type II)

type III health need

type III health need means the need of a person for personal care and for diagnostic, nursing and therapeutic services provided by a health professional on a continuing basis, where the person is chronically ill or has a functional disability and the acute phase of the illness or disability has ended, whether or not the status of the illness or disability is unstable; (besoins de santé de type III)

veteran

veteran means

  • (a) a person who was on active service during World War I or World War II as a member of the naval, army or air forces of Canada or of similar forces raised in Newfoundland,

  • (b) a person who was on service in a theatre of operations, as that expression is defined in section 2 of the Veterans Benefit Act, as a member of the Canadian Forces, including the special force,

  • (b.1) a person who was on active service during the Korean War as a member of the special force, as defined in subsection 3(1) of the Pension Act,

  • (c) a special operator who is deemed to be a veteran pursuant to section 3 of the Special Operators War Service Benefits Act,

  • (d) a supervisor who is deemed to be a veteran pursuant to section 3 of the Supervisors War Service Benefits Act,

  • (e) an allied veteran described in subsection 37(4), (4.1) or (4.2) of the War Veterans Allowance Act,

  • (e.1) a person referred to in paragraph 64(1)(a) or (b), 65(1)(a) or (b) or 66(1)(a) or (b) of the Pension Act,

  • (f) a Canadian merchant mariner of World War I, World War II or the Korean War, as described in section 21.1 of the Pension Act,

  • (g) a person who is an allied veteran within the meaning of paragraph 37(4)(b) of the War Veterans Allowance Act, as that paragraph read immediately before February 27, 1995

    • (i) in respect of whom a determination has been made, on or at any time before that day, that the person is or has been an income-qualified veteran, or

    • (ii) who, on or at any time before that day, has submitted a request that has at any time been approved for

      • (A) adult residential care pursuant to section 17.1,

      • (B) veterans independence program services pursuant to section 18,

      • (C) adult residential care, intermediate care or chronic care pursuant to paragraph 21(1)(c) or subsection 21(2), or

      • (D) the cost of chronic care in a community facility pursuant to paragraph 22(4)(b), or

  • (h) a former member of His Majesty’s forces, or of any of the forces, other than resistance groups, of any of His Majesty’s allies or powers associated with His Majesty in World War I or World War II, who

    • (i) served during either of those wars during the period set out in paragraph 37(10)(b) or (c), as the case may be, of the War Veterans Allowance Act,

    • (ii) has resided in Canada for a total period of at least 10 years,

    • (iii) does not meet the Canadian domicile requirements of subsection 37(4) of that Act, and

    • (iv) served in a theatre of actual war as defined in subsection 37(8) of that Act, receives a pension for an injury or disease incurred or aggravated during service in any such force during either of those wars or accepted a commuted pension; (ancien combattant)

veterans independence program services

veterans independence program services means the services referred to in section 19; (services du programme pour l’autonomie des anciens combattants)

veteran pensioner

veteran pensioner means a veteran referred to in any of paragraphs (a) to (g) of the definition veteran who is entitled to a pension for a war-related pensioned condition; (ancien combattant pensionné)

war-related pensioned condition

war-related pensioned condition means a pensioned condition that is related to

  • (a) active service in the military during World War I or World War II,

  • (b) service in a theatre of operations as that expression is defined in section 2 of the Veterans Benefit Act,

  • (c) special duty service, as defined in subsection 3(1) of the Pension Act,

  • (d) service as a Canadian merchant mariner of World War I, World War II or the Korean War, as described in section 21.1 of the Pension Act, or

  • (e) a war injury or a war flight injury, as those expressions are defined in section 2 of the Civilian Government Employees (War) Compensation Order; (état indemnisé lié à la guerre)

World War I

World War I means World War I as defined in subsection 3(1) of the Pension Act; (Première Guerre mondiale)

World War II

World War II means World War II as defined in subsection 3(1) of the Pension Act. (Seconde Guerre mondiale)

  • SOR/91-438, s. 1;
  • SOR/92-406, s. 1;
  • SOR/95-440, s. 1;
  • SOR/98-386, s. 1;
  • SOR/2001-157, s. 1;
  • SOR/2001-326, ss. 1, 14;
  • SOR/2003-362, ss. 1, 13;
  • SOR/2006-50, s. 73;
  • SOR/2009-334, s. 1;
  • SOR/2012-289, s. 1;
  • SOR/2016-31, s. 1.
 
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