Veterans Review and Appeal Board Regulations (SOR/96-67)

Regulations are current to 2012-05-14

Veterans Review and Appeal Board Regulations

SOR/96-67

VETERANS REVIEW AND APPEAL BOARD ACT

Registration 1996-01-04

Regulations Prescribing the Procedure in Respect of Applications and Appeals to the Veterans Review and Appeal Board

P.C. 1996-17 1996-01-04

His Excellency the Governor General in Council, on the recommendation of the Minister of Veterans Affairs, pursuant to section 45 of the Veterans Review and Appeal Board ActFootnote *, is pleased hereby to repeal the Veterans Appeal Board Regulations, made by Order in Council P.C. 1987-2146 of October 15, 1987Footnote **, and to make the annexed Regulations prescribing the procedure in respect of applications and appeals to the Veterans Review and Appeal Board, in substitution therefor.

SHORT TITLE

1. These Regulations may be cited as the Veterans Review and Appeal Board Regulations.

INTERPRETATION

2. In these Regulations,

“Act”

“Act” means the Veterans Review and Appeal Board Act; (Loi)

“Board”

“Board” means the Veterans Review and Appeal Board established by section 4 of the Act. (Tribunal)

APPLICATION FOR REVIEW OR RECONSIDERATION AND APPEALS

3. In any proceeding under the Act, other than an application for a compassionate award under subsection 34(1) of the Act, the applicant or appellant shall inform the Board whether they intend to proceed

  • (a) by written submission;

  • (b) by appearing personally, with or without making a written submission; or

  • (c) by having a representative appear, with or without making a written submission.

RECONSIDERATIONS

4. The review panel, appeal panel or Board, before convening a hearing to confirm, amend or rescind a decision, pursuant to subsection 23(1), 32(1) or 34(7) of the Act,

  • (a) shall inform the applicant or appellant of the facts and allegations in its possession; and

  • (b) shall provide the applicant or appellant with an opportunity to respond in writing.

  • SOR/2005-172, s. 1(E).

NOTICE AND INFORMATION

  • 5. (1) When the Board receives an application for review, an application for reconsideration referred to in subsection 32(1) or 34(7) of the Act, a notice of appeal or an application for a compassionate award under subsection 34(1) of the Act, or initiates a reconsideration pursuant to subsection 23(1), 32(1) or 34(7) of the Act, the Board shall

    • (a) notify the Minister; and

    • (b) retrieve from the Department of Veterans Affairs’ records

      • (i) a copy of the decision, and

      • (ii) any relevant material, including

        • (A) all evidence submitted in the proceedings, and

        • (B) any recording or transcript of the proceedings.

  • (2) The Board shall notify the applicant or appellant of

    • (a) its receipt of the material from the Department of Veterans Affairs’ records; and

    • (b) the date on which the review, reconsideration or appeal shall be heard.

QUESTIONS OF INTERPRETATION

  • 6. (1) Where a question of interpretation is raised by an appellant pursuant to section 30 of the Act, or is referred to the Board pursuant to section 37 of the Act, the appellant or the person or organization shall submit to the Board

    • (a) a statement of the question; and

    • (b) the facts and arguments to be relied on at the hearing of the question.

  • (2) Where it is of the opinion that the question is not trivial, frivolous or vexatious, the Board shall

    • (a) in the case of a question raised pursuant to section 30 of the Act, stay the appeal proceedings;

    • (b) notify the persons and organizations named in section 2 of the Prescribed Persons and Organizations Regulations, other than those who referred the question to the Board; and

    • (c) annex to the notice a copy of the question and arguments raised by the appellant or referred by the person or organization.