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2 In these Regulations,

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,

    [...]

  • (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,

    [...]

• [...]

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

  [...]

civilian

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

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  means, in respect of a member or former member, that the member or former member

• (a) has received a disability awardas defined in subsection 2(1) of the Veterans Well-being Act,

• (b) has not received a disability awardas 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 awardas defined in subsection 2(1) of that Act; (droit à une indemnité d’invalidité)

entitled to a disability award or pain and suffering compensation in respect of special duty service

entitled to a disability award or pain and suffering compensation in respect of special duty service  means, in respect of a member or former member, that the injury or disease, or its aggravation, for which the member or former member is entitled to a disability award or entitled to pain and suffering compensation is attributable to or was incurred during special duty serviceas defined in subsection 2(1) of the Veterans Well-being Act; (droit à une indemnité d’invalidité ou à une indemnité pour douleur et souffrance en raison du service spécial)

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

• [...]

• (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 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

reserve force member

reserve force member  means a member

• [...]

• (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)

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)

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,

• [...]

• (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

  [...]

• (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,

  • [...]

  • (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)

war-related pensioned condition

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

• [...]

• (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)

[...]

2 In these Regulations,

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,

    [...]

  • (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,

    [...]

• [...]

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

  [...]

civilian

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

entitled to a disability award

entitled to a disability award  means, in respect of a member or former member, that the member or former member

• (a) has received a disability awardas defined in subsection 2(1) of the Veterans Well-being Act,

• (b) has not received a disability awardas 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 the Budget Implementation Act, 2018, No. 1 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 awardas defined in subsection 2(1) of that Act; (droit à une indemnité d’invalidité)

entitled to a disability award or pain and suffering compensation in respect of special duty service

entitled to a disability award or pain and suffering compensation in respect of special duty service  means, in respect of a member or former member, that the injury or disease, or its aggravation, for which the member or former member is entitled to a disability award or entitled to pain and suffering compensation is attributable to or was incurred during special duty serviceas defined in subsection 2(1) of the Veterans Well-being Act; (droit à une indemnité d’invalidité ou à une indemnité pour douleur et souffrance en raison du service spécial)

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

• [...]

• (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 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

reserve force member

reserve force member  means a member

• [...]

• (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)

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)

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,

• [...]

• (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

  [...]

• (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,

  • [...]

  • (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)

war-related pensioned condition

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

• [...]

• (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)

[...]

• [...]

• (2) Subject to section 33.1, a client who on August 31, 1990 was in receipt of adult residential care, intermediate care or chronic care in a departmental facility, as that term is defined in the regulations as they read on September 1, 1990, or a contract bed is eligible to receive care in a contract bed after August 31, 1990 for as long as the client continues, without interruption, to need adult residential care, intermediate care or chronic care.

• (3) Subsection (2) does not apply to a client who is discharged from a departmental facility, as that term is defined in the regulations as they read on September 1, 1990, pursuant to section 26, as it read immediately before the coming into force of this subsection, or whose discharge from a contract bed is recommended pursuant to that section.

[...]

• 15 (1) Subject to subsections (1.1) and (1.11), veteran pensioners, civilian pensioners and special duty service pensioners are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, where it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available to them as an insured service under a provincial health care system, if

  [...]

• [...]

• (1.2) Military service pensioners and former members or reserve force members who are entitled to a disability award or entitled to pain and suffering compensation are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, if it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available to them as a member or former member of the Canadian Forces nor available as an insured service under a provincial health care system, if

  • [...]

  • (b) an assessment indicates that

    • (i) their pensioned condition or the disability for which they are entitled to a disability award or entitled to pain and suffering compensation, as the case may be, impairs their ability to remain self-sufficient at their principal residence without those services, and

• (2) Subject to section 33.1, income-qualified veterans who are 65 years of age or more, income-qualified overseas service civilians who are 65 years of age or more and Canada service veterans are eligible to receive the veterans independence program services referred to in paragraphs 19(a) to (d) or, where it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available to them as an insured service under a provincial health care system, if

  [...]

• (3) Subject to section 33.1, prisoners of war who are entitled to basic compensation under subsection 71.2(1) of the Pension Act and former members and reserve force members who have received a detention benefit under Part 3 of the Veterans Well-being Act are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, if it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available as an insured service under a provincial health care system, if

  [...]

• (4) Subject to section 33.1, overseas service veterans eligible for intermediate care or chronic care in a contract bed under subsection 21(1) are also eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d), to the extent that those services are not available to them as an insured service under a provincial health care system, if

  [...]

[...]

• [...]

• (2) Subject to section 33.1, a client who on August 31, 1990 was in receipt of adult residential care, intermediate care or chronic care in a departmental facility, as that term is defined in the regulations as they read on September 1, 1990, or in a contract bed is eligible to receive care in a contract bed after August 31, 1990 for as long as the client continues, without interruption, to need adult residential care, intermediate care or chronic care.

• (3) Subsection (2) does not apply to a client who is discharged from a departmental facility, as that term is defined in the regulations as they read on September 1, 1990, pursuant to section 26, as it read immediately before the coming into force of this subsection, or whose discharge from a contract bed is recommended pursuant to that section.

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