Death Benefit

Marginal note:Eligibility — service-related injury or disease

• 57. (1) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

  • (a) the member dies as a result of a service-related injury or disease; and

  • (b) the member’s death occurs within 30 days after the day on which the injury occurred or the disease was contracted.

• Marginal note:Eligibility — injury or disease aggravated by service

  (2) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

  • (a) the member dies as a result of a non-service-related injury or disease that was aggravated by service; and

  • (b) the member’s death occurs within 30 days after the day on which the injury or disease was aggravated.

Marginal note:Amount of benefit

• 58. (1) The amount of the death benefit payable in respect of a member shall be the amount set out in column 2 of item 3 of Schedule 2.

• Marginal note:Reduction of benefit

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

Marginal note:Division of benefit

59. If a death benefit is payable to a survivor or a person who was, at the time of a member’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 death benefit;

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

  • (i) the survivor is entitled to 50% of the death benefit, and

  • (ii) the persons who were dependent children are entitled, as a class, to 50% of the death benefit, 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 death benefit by the number of those dependent children.

Clothing Allowance

Marginal note:Allowance — amputation

• 60. (1) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of their leg at or above a Symes’ amputation a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

• Marginal note:Allowance — amputation

  (2) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of the arm at or above the wrist a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

• Marginal note:Allowance — two amputations

  (3) If a member or a veteran has received a disability award on account of two amputations of a kind described in subsection (1) or (2), the Minister may, on application, in addition to the allowances that may be payable under that subsection, pay a clothing allowance in respect of the second amputation equal to 50% of the allowance payable in respect of that amputation.

• Marginal note:Allowance — other disabilities

  (4) If a member or a veteran has received a disability award for a disability other than a disability described in subsection (1) or (2) that causes wear and tear of clothing, the Minister may, on application, pay a clothing allowance.

• Marginal note:Specially made wearing apparel

  (5) If a member or a veteran has received a disability award for a disability that requires the wearing of specially made apparel, the Minister may, on application, in addition to any other allowance that may be payable under this section, pay a clothing allowance on account of the purchase of the apparel.

Marginal note:Amount of allowance

61. Subject to subsection 60(3), the Minister shall determine the amount of each clothing allowance that may be paid to a member or a veteran in a year, which shall not be greater than the amount set out in column 2 of item 4 of Schedule 2.

Marginal note:When allowance payable

62. The clothing allowance under subsections 60(1) to (5) begins to be payable on the later of

• (a) the day on which the application for the allowance was made, and

• (b) the day that is one year prior to the day on which the payment of the allowance is approved.

Regulations

Marginal note:Governor in Council

63. The Governor in Council may make regulations respecting the rules of evidence and evidentiary presumptions relating to applications for a disability award or a death benefit under this Part.

Detention Benefit

Marginal note:Eligibility

• 64. (1) Subject to subsection (5), the Minister may, on application, pay a detention benefit to a member or a veteran, who, while serving with the Canadian Forces, was detained by a power, for the period spent in detention.

• Definition of “power”

  (2) In this section, “power” means

  • (a) an enemy or an opposing force of Canada;

  • (b) a person or a group that has as one of its purposes or activities the facilitating or carrying out of a terrorist activity; and

  • (c) any prescribed entity.

• Marginal note:Period evading capture or escaping

  (3) For the purposes of subsection (1), the period spent in detention includes the period during which the member or veteran was engaged in evading capture by, or in escaping from, any power.

• Marginal note:Amount of benefit

  (4) The Governor in Council may make regulations prescribing the amount of the detention benefit.

• Marginal note:Restriction

  (5) No detention benefit is payable under this section in respect of a period spent in detention if the period began before the coming into force of this section.

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

• 65. (1) If a member or a veteran who would have been entitled to a detention benefit under section 64 dies before they have applied for the benefit, the Minister may, on application, pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

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

  (2) If a member or a veteran who has made an application for a detention benefit under section 64 dies before the Minister has made a decision in respect of the application, the Minister may pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section.

• Marginal note:Rights of estate or succession

  (3) The testamentary estate or testamentary succession 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.

PART 4GENERAL

Health Benefits

Marginal note:Group insurance program

• 66. (1) The Minister may

  • (a) establish or enter into a contract to acquire a group insurance program compa­rable to the Public Service Health Care Plan established by the Treasury Board;

  • (b) subject to the approval of the Treasury Board, set any terms and conditions in respect of the program, including those respecting the premiums or the contributions payable, the benefits and the management and control of the program;

  • (c) make the contributions and pay the premiums or the benefits, as required; and

  • (d) undertake and do all things that the Minister considers appropriate for the purpose of implementing and maintaining the program.

• Marginal note:Eligibility

  (2) A member, a veteran or a member’s or a veteran’s survivor may elect to participate in a group insurance program referred to in subsection (1) if they meet the prescribed eligibility requirements.

Designations

Marginal note:Designation by Minister

• 67. (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act.

• Marginal note:Limitation

  (2) If the Minister designates a person to make a decision under this Act, the Minister may not designate the same person to review the decision.

Definition of “conditions of elevated risk”

68. In paragraphs 69(1)(c) and 70(1)(c), “conditions of elevated risk” means a level of risk higher than that normally associated with service in peacetime.

Marginal note:Special duty areas

• 69. (1) The Minister of National Defence, after consulting the Minister, may by order designate an area as a special duty area if

  • (a) the area is outside Canada;

  • (b) members have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 71; and

  • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

• Marginal note:Period of designation

  (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than January 1, 1949 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Marginal note:Special duty operations

• 70. (1) The Minister of National Defence, after consulting the Minister, may by order designate as a special duty operation any operation, or any component of it, if

  • (a) the operation is of a type referred to in section 71;

  • (b) members have been deployed, or will be deployed, as part of that operation; and

  • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

• Marginal note:Period of designation

  (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than September 11, 2001 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.