Enhanced New Veterans Charter Act (S.C. 2011, c. 12)
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Assented to 2011-03-24
14. Subsection 56(1) of the Act is replaced by the following:
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, or the Commission as defined in section 79 of that Act, has rendered a decision in respect of the application.
15. Subsection 76(1) of the Act is replaced by the following:
Marginal note:Application made to Minister
76. (1) An application for career transition services, rehabilitation services, vocational assistance or compensation under this Act shall be made to the Minister in the form directed by the Minister and shall include any information that is required by the regulations to accompany the application.
16. Section 90 of the Act is replaced by the following:
Marginal note:No interest payable
90. Except in the case of amounts payable to a member or a veteran who makes an election referred to in paragraph 52.1(1)(b) or (c) or subsection 52.1(5) or who is deemed to have made an election under subsection 52.1(6), no interest shall be paid in respect of any compensation that is payable under this Act.
17. (1) Paragraph 94(a) of the Act is replaced by the following:
(a) respecting the time and manner of making an application for career transition services, rehabilitation services, vocational assistance or compensation under this Act, and respecting the information that is required to accompany the application;
(2) Paragraph 94(e) of the Act is replaced by the following:
(e) respecting the provision of information or documents to the Minister by persons who are in receipt of career transition services, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit or allowance until the information or documents are provided;
(3) Section 94 of the Act is amended by adding the following after paragraph (i):
(i.1) respecting the determination of an amount of interest for the purposes of the description of C in paragraph 52.1(1)(b);
(i.2) respecting the determination of lump sums for the purpose of subsections 52.1(5) and (6);
(4) Section 94 of the Act is amended by striking out “and” at the end of paragraph (j) and by adding the following after that paragraph:
(j.1) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and
18. Schedule 2 to the Act is amended by replacing (Subsections 38(2) and 58(1), section 61, paragraph 94(c) and subsection 98(2)) after the heading “SCHEDULE 2” with (Subsections 38(2) and (3) and 58(1), section 61, paragraph 94(c) and subsection 98(2)).
19. Schedule 2 to the Act is amended by adding the following after item 2:
| Column 1 | Column 2 | |
|---|---|---|
| Item | Allowance or Benefit | Amount ($) |
| 2.1 | Permanent impairment allowance supplement for total and permanent incapacitation | 12,000.00 (yearly) |
R.S., c. P-6PENSION ACT
Marginal note:1999, c. 10, s. 16
20. Subsections 72(1) and (2) of the Pension Act are replaced by the following:
Marginal note:Amount of allowance
72. (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III if the member of the forces
(a) is in receipt of
(i) a pension in the amount set out in Class 1 of Schedule I, or
(ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I as well as compensation paid under this Act or a disability award paid under the Canadian Forces Members and Veterans Re-establishment and Compensation Act, or both, if the aggregate of the following percentages is equal to or greater than 98%:
(A) the extent of the disability in respect of which the pension is paid,
(B) the percentage of basic pension at which basic compensation is paid, and
(C) the extent of the disability in respect of which the disability award is paid; and
(b) is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension or a disability award under that Act.
Marginal note:Ineligibility — permanent impairment allowance
(1.1) A member of the forces who is eligible for a permanent impairment allowance under the Canadian Forces Members and Veterans Re-establishment and Compensation Act is not eligible to be awarded an exceptional incapacity allowance.
Marginal note:Determination of exceptional incapacity
(2) Without restricting the generality of paragraph (1)(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension or a disability award under the Canadian Forces Members and Veterans Re-establishment and Compensation Act has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the member’s life expectancy.
REVIEW
Marginal note:Review
20.1 Within two years after the day on which this section comes into force, a comprehensive review of the provisions and operations of this Act must be undertaken by any committees of the Senate and of the House of Commons that are designated or established by the Senate and the House of Commons for that purpose.
COMING INTO FORCE
Marginal note:Order in council
21. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
- Date modified: