Marginal note:Representation of applicant

44. In all proceedings under this Part, an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.

Disability Awards

Marginal note:Eligibility

• 45. (1) The Minister may, on application, pay a disability award to a member or a veteran who establishes that they are suffering from a disability resulting from

  • (a) a service-related injury or disease; or

  • (b) a non-service-related injury or disease that was aggravated by service.

• Marginal note:Compensable fraction

  (2) A disability award may be paid under paragraph (1)(b) only in respect of that fraction of a disability, measured in fifths, that represents the extent to which the injury or disease was aggravated by service.

Marginal note:Consequential injury or disease

• 46. (1) An injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

  • (a) a service-related injury or disease;

  • (b) a non-service-related injury or disease that was aggravated by service;

  • (c) an injury or a disease that is itself a consequence of an injury or a disease described in paragraph (a) or (b); or

  • (d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).

• Marginal note:Compensable fraction

  (2) If a disability results from an injury or a disease that is deemed to be a service-related injury or disease, a disability award may be paid under subsection 45(1) only in respect of that fraction of the disability, measured in fifths, that represents the extent to which that injury or disease is a consequence of another injury or disease that is, or is deemed to be, a service-related injury or disease.

Marginal note:Award for loss of paired organ or limb

• 47. (1) The Minister may, on application, pay a disability award to a member or a veteran who has received a disability award under section 45 on account of the loss of, or the permanent loss of the use of, one of their paired organs or limbs if the member or veteran suffers, either before or after that loss or loss of use, the loss of, the permanent loss of the use of or the impairment of the other paired organ or limb from any cause whatever.

• Marginal note:Extent of disability

  (2) The member’s or veteran’s extent of disability in respect of that other paired organ or limb shall be considered to be 50% of the extent of disability at which the member or veteran would have been assessed at if the loss of, the permanent loss of the use of or the impairment of that paired organ or limb had occurred in circumstances in which a disability award would have been payable under section 45.

Marginal note:Increase in extent of disability

• 48. (1) If a member or a veteran to whom a disability award has been paid under section 45 or 47 establishes that their extent of disability has subsequently increased, the Minister may, on application, pay a disability award to the member or veteran that corresponds to the extent of that increase.

• Marginal note:Compensable fraction

  (2) In the case of a non-service related injury or disease that was aggravated by service, a disability award may be paid under subsection (1) only in respect of that fraction of the disability that has been determined in accord­ance with subsection 45(2).

• Marginal note:Compensable fraction

  (3) In the case of an injury or a disease that is a consequence of another injury or disease, the disability award may be paid under subsection (1) only in respect of that fraction of the disability that has been determined in accord­ance with subsection 46(2).

Marginal note:Death of member or veteran

49. If a member or a veteran dies as a result of an injury or a disease for which a disability award has been paid or would be payable under section 45 and their death occurs more than 30 days after the day on which the injury occurred or the disease was contracted or the injury or disease was aggravated, the member or veteran is deemed to have been assessed, at the time of their death, as having an extent of disability at that time of 100%.

Marginal note:Death of member or veteran — no application made

• 50. (1) If a member or a veteran who would have been entitled to a disability award under section 45, 47 or 48 dies before they have applied for the award, the Minister may, on application, pay, in accordance with section 55, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, the disability award to which the member or veteran, had they lived, would have been entitled under section 45, 47 or 48, as the case may be.

• Marginal note:Death of member or veteran — application pending

  (2) If a member or a veteran who has made an application for a disability award under section 45, 47 or 48 dies before the Minister has made a decision in respect of the application, the Minister may pay, in accordance with section 55, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, the disability award to which the member or veteran, had they lived, would have been entitled under section 45, 47 or 48, as the case may be.

• Marginal note:Rights of survivors and children

  (3) The survivor or child has, in respect of the application referred to in subsection (2), all of the rights that the member or veteran would have had had they lived.

Marginal note:How extent of disability assessed

• 51. (1) The assessment of the extent of a disability shall be based on the instructions and a table of disabilities to be made by the Minister for the guidance of persons making those assessments.

• Marginal note:Statutory Instruments Act does not apply

  (2) The instructions and table of disabilities are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

Marginal note:Amount of award

• 52. (1) Subject to section 54, the amount of a disability award payable in respect of a member or a veteran shall be determined by the formula

  A - B

  where

  A

  is the amount set out in column 3 of Schedule 3 that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments under this Act; and

  B

  is the amount set out in column 3 of Schedule 3 in respect of the extent of disability set out in column 2 of that Schedule that corresponds to the difference, if any, between

  • (a) the member’s or veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments or deemed disability assessments under this Act,

  and

  • (b) the member’s or veteran’s extent of disability for which the disability award is to be paid.

• Marginal note:Fraction

  (2) For the purpose of determining the extent of disability in subsection (1), if a disability award may be paid only in respect of a fraction of a disability in accordance with subsection 45(2), 46(2) or 48(2) or (3), then only that fraction of the disability shall be taken into account.

• Marginal note:Reduction of award

  (3) If an amount is paid or payable to a person from a prescribed source in respect of a death or disability for which a disability award is payable, the Minister may reduce the disability award payable to the person by a prescribed amount.

Marginal note:When award payable

53. A disability award under section 45, 47 or 48 becomes payable whenever, in the opinion of the Minister, the disability has stabilized.

Marginal note:Maximum disability assessment

• 54. (1) For the purposes of section 45, 47 or 48, if a member’s or a veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments, exceeds 100%, no disability award shall be granted in respect of any percentage points exceeding 100%.

• Marginal note:Assessments under Pension Act

  (2) Any disability assessments under the Pension Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.

• Marginal note:Compensable fraction

  (3) For the purpose of determining the extent of disability, if a disability award may be paid only in respect of a fraction of a disability in accordance with subsection 45(2), 46(2) or 48(2) or (3), or if only a fraction of a disability is pensionable under the Pension Act, then only that fraction of the disability shall be taken into account.

Marginal note:Division of award

55. If a disability award is payable to a survivor or a person who was, at the time of a member’s or veteran’s death, a dependent child, the following rules apply:

• (a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the disability award;

• (b) if there is a survivor and one or more persons who were dependent children,

  • (i) the survivor is entitled to 50% of the disability award, and

  • (ii) the persons who were dependent children are entitled, as a class, to 50% of the disability award, divided equally among them; and

• (c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the disability award by the number of those dependent children.

Marginal note:No award — decision under Pension Act

• 56. (1) No disability award shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, has been the subject of an application for a pension under the Pension Act and the Minister has rendered a decision in respect of the application.

• Marginal note:No award — inseparable for purpose of assessment

  (2) No disability award shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the Minister determines that the injury or disease, or the aggravation, is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted under the Pension Act.