Budget Implementation Act, 2016, No. 1 (S.C. 2016, c. 7)

Assented to 2016-06-22

PART 4Various Measures

DIVISION 12015, c. 36, s. 41Federal Balanced Budget Act

Marginal note:Repeal

 The Federal Balanced Budget Act, section 41 of chapter 36 of the Statutes of Canada, 2015, is deemed never to have come into force and is repealed.

DIVISION 22005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act

Amendments to the Act

 Paragraph 11(1)(b) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:

  • (b) has determined, based on an assessment of the veteran under subsection 10(1), that the veteran would not benefit from vocational rehabilitation as a result of their having a diminished earning capacity that is due to the physical or mental health problem in respect of which the rehabilitation services were approved.

 The portion of subsection 18(4) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Continuation of benefit

    (4) If the Minister determines that the veteran has a diminished earning capacity that is due to the physical or mental health problem for which the rehabilitation plan was developed, the earnings loss benefit continues to be payable to the veteran after the plan has been completed or cancelled until the earlier of

    • (a) the day on which the Minister determines that the veteran no longer has a diminished earning capacity that is due to that health problem, and

 The description of A in subsection 19(1) of the Act is replaced by the following:

A
is 90% of the veteran’s imputed income for a month; and

 Subsection 20(1) of the Act is replaced by the following:

Marginal note:Examination or assessment
  • 20 (1) The Minister may, for the purpose of determining whether a veteran may continue to receive an earnings loss benefit, require a veteran who, as a result of a determination that they have a diminished earning capacity, is in receipt of an earnings loss benefit under section 18 — or would, but for their level of income, be in receipt of it — to undergo a medical examination or an assessment by a person specified by the Minister.

 Subsection 23(1) of the Act is replaced by the following:

Marginal note:Amount of benefit
  • 23 (1) Subject to the regulations, the monthly amount of an earnings loss benefit under section 22 that is payable in respect of a member or a veteran is 90% of the member’s or veteran’s imputed income for a month.

Marginal note:2011, c. 12, s. 8(1)
  •  (1) Subparagraph 38(1)(b)(ii) of the Act is replaced by the following:

    • (ii) the disability award is not yet payable in accordance with section 53.

  • Marginal note:2011, c. 12, s. 8(2)

    (2) Subsections 38(2) and (3) of the Act are replaced by the following:

    • Marginal note:Amount of allowance

      (2) The Minister shall determine the amount of the career impact allowance that may be paid to the veteran in a year, taking into account the potential impact of the permanent and severe impairment on the veteran’s career advancement opportunities. The minimum career impact allowance shall be the amount set out in item 1, column 2, of Schedule 2, and the maximum career impact allowance shall be the amount set out in item 2, column 2.

    • Marginal note:Diminished earning capacity

      (3) The Minister may, on application, increase the career impact allowance that may be paid under subsection (2) by the amount set out in item 2.1, column 2, of Schedule 2, if the Minister determines that the veteran has a diminished earning capacity.

 Subsection 40(2) of the English version of the Act is replaced by the following:

  • Marginal note:Non-compliance

    (2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the career impact allowance.

  •  (1) Paragraph 41(b) of the Act is replaced by the following:

    • (b) respecting what constitutes a barrier to re-establishment in civilian life and a diminished earning capacity;

  • (2) Paragraph 41(g) of the French version of the Act is replaced by the following:

    • g) concernant, pour l’application de l’article 38, ce qui constitue une déficience grave et permanente et la méthode pour établir l’existence et l’ampleur d’une telle déficience chez le vétéran.

 The description of B in subsection 52(1) of the Act is replaced by the following:

B
is the amount set out in column 3 of Schedule 3 that corresponds to what was, immediately before the disability award becomes payable, 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.

 Section 53 of the Act is replaced by the following:

Marginal note:When award payable

53 A disability award under section 45, 47 or 48 becomes payable when both of the following conditions are met:

  • (a) in the opinion of the Minister, the disability has stabilized;

  • (b) an assessment of the extent of the disability has been made.

 The Act is amended by adding the following after section 94:

Marginal note:Transitional provisions — April 1, 2017

94.01 The Governor in Council may make regulations

  • (a) respecting the provision of information or documents to the Minister by a person who may be entitled to an amount under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1; and

  • (b) providing for the reimbursement of fees for financial advice obtained by a person in relation to an amount that is paid or payable to them under any of sections 100 to 103 of that Act.

 Section 98 of the Act is repealed.

 Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following:

(Section 37 and paragraphs 41(d) and 94(c))

Marginal note:2015, c. 36, s. 224

 Schedule 2 to the Act is amended by replacing the references after the heading “SCHEDULE 2” with the following:

(Subsections 38(2) and (3), section 44.2, subsection 58(1), sections 61 and 65.2 and paragraph 94(c))

Marginal note:2011, c. 12, s. 19

 The portion of item 2.1 of Schedule 2 to the Act in column 1 is replaced by the following:

Career impact allowance supplement for diminished earning capacity

 The portion of item 3 of Schedule 2 to the Act in column 2 is replaced by the following:

360,000.00 (lump sum)

 Schedule 3 to the Act is replaced by the Schedule 3 set out in Schedule 1 to this Act.

Marginal note:Replacement of “permanent impairment allowance”

 The Act is amended by replacing “permanent impairment allowance” with “career impact allowance” in the following provisions:

  • (a) the definition compensation in subsection 2(1);

  • (b) the heading before section 38;

  • (c) the portion of subsection 38(1) before paragraph (a) and subsection (1.1);

  • (d) the portion of section 39 before paragraph (a);

  • (e) subsection 40(1);

  • (f) the description of B in subsection 40.1(4);

  • (g) the description of B in subsection 40.2(4);

  • (h) subsection 40.5(1);

  • (i) the portion of subsection 88(4) before paragraph (a);

  • (j) paragraph 94(e); and

  • (k) items 1 and 2 of Schedule 2.

 
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