Budget Implementation Act, 2016, No. 1 (S.C. 2016, c. 7)
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Assented to 2016-06-22
PART 4Various Measures (continued)
DIVISION 22005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act (continued)
Transitional Provisions
Earnings Loss Benefit
Marginal note:Period before October 1, 2016
98 (1) For greater certainty, the amount of an earnings loss benefit that is payable in respect of a period before October 1, 2016 is to be determined in accordance with subsection 19(1) or 23(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the regulations made under subsection 19(2) or 23(4) of that Act, as those provisions of that Act and those regulations read during the period in respect of which the benefit is payable, regardless of the date on which the benefit is paid.
Marginal note:Period after September 30, 2016
(2) The amount of an earnings loss benefit that is payable in respect of a period after September 30, 2016 is to be determined as if subsections 19(1) and 23(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the regulations made under subsections 19(2) and 23(4) of that Act — as those provisions of that Act and those regulations read during the period in respect of which the benefit is payable — had been in force since April 1, 2006, regardless of whether or not the veteran or the member’s or veteran’s survivor or orphan was in receipt of an earnings loss benefit before October 1, 2016.
Disability Award and Death Benefit
Marginal note:Definitions
99 The following definitions apply in this section and sections 100 to 111.
- Act
Act means the Canadian Forces Members and Veterans Re-establishment and Compensation Act. (Loi)
- dependent child
dependent child has the same meaning as in subsection 2(1) of the Act. (enfant à charge)
- Minister
Minister means the Minister of Veterans Affairs. (ministre)
- survivor
survivor has the same meaning as in subsection 2(1) of the Act. (survivant)
Marginal note:Member or veteran who received disability award
100 (1) The Minister must pay to a member or a veteran who received, in whole or in part, a disability award under section 45, 47 or 48 of the Act before April 1, 2017, and who is alive on April 1, 2017, an amount determined in accordance with the formula
A − B
where
- A
- is the amount set out in column 3 of Schedule 3 to the Act, as that Schedule read on April 1, 2017, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2, for which the disability award was received, reduced — for every calendar year from 2016 until the year in which the disability award was received — by a percentage calculated in accordance with the method of calculating the percentages by which the amounts set out in Schedule 3 to the Act are periodically adjusted; and
- B
- is the amount of the disability award that was payable to the member or the veteran under subsection 52(1) of the Act.
Marginal note:Death of member or veteran before amount paid
(2) If the member or veteran dies before the amount is paid under subsection (1), the Minister must pay that amount, in accordance with section 55 of the Act, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child.
Marginal note:Death of member or veteran before April 1, 2017
101 If a member or a veteran who received, in whole or in part, a disability award under section 45, 47 or 48 of the Act before April 1, 2017 dies before that day, the Minister must pay, in accordance with section 55 of the Act, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child — if that survivor or person is alive on April 1, 2017 — an amount determined in accordance with the formula
A − B
where
- A
- is the amount set out in column 3 of Schedule 3 to the Act, as that Schedule read on April 1, 2017, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2, for which the disability award was received, reduced — for every calendar year from 2016 until the year in which the disability award was received — by a percentage calculated in accordance with the method of calculating the percentages by which the amounts set out in Schedule 3 to the Act are periodically adjusted; and
- B
- is the amount of the disability award that was payable to the member or the veteran under subsection 52(1) of the Act.
Marginal note:Disability award received by survivor or dependent child
102 The Minister must pay, in accordance with section 55 of the Act, to a person who received a disability award under subsection 50(1) or (2) of the Act before April 1, 2017, and who is alive on April 1, 2017, an amount determined in accordance with the formula
A − B
where
- A
- is the amount set out in column 3 of Schedule 3 to the Act, as that Schedule read on April 1, 2017, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2, for which the disability award was received, reduced — for every calendar year from 2016 until the year in which the disability award was received — by a percentage calculated in accordance with the method of calculating the percentages by which the amounts set out in Schedule 3 to the Act are periodically adjusted; and
- B
- is the amount of the disability award that was payable under subsection 52(1) of the Act.
Marginal note:Death benefit
103 The Minister must pay, in accordance with section 59 of the Act, to a person who received a death benefit under section 57 of the Act before April 1, 2017, and who is alive on April 1, 2017, an amount determined in accordance with the formula
A − B
where
- A
- is the amount set out in item 3, column 2, of Schedule 2 to the Act, as that Schedule read on April 1, 2017, reduced — for every calendar year from 2016 until the year in which the death benefit was received — by a percentage calculated in accordance with the method of calculating the percentages by which the amount set out in item 3, column 2, is periodically adjusted; and
- B
- is the amount of the death benefit that was payable under subsection 58(1) of the Act.
Marginal note:Application
104 Sections 100 to 102 apply in respect of each disability award received by or in respect of a member or a veteran.
Marginal note:Amount of award or benefit equal to zero
105 For the purposes of sections 100 to 103, a person is considered to have received a disability award or a death benefit even if the amount that was paid to them was equal to zero.
Marginal note:Lump sum
106 An amount that is to be paid under any of sections 100 to 103 is to be paid as a lump sum.
Marginal note:Power to require information
107 The Minister may, for the purposes of establishing a person’s entitlement to an amount under any of sections 100 to 103, require a person who may be entitled to an amount to provide to the Minister the information or documents set out in the regulations made under the Act.
Marginal note:Information to be made available to Minister
108 Personal information, as defined in section 3 of the Privacy Act, held by a government institution, as defined in that section, is, if requested by the Minister, to be made available to the Minister for the purposes of sections 100 to 103.
Marginal note:Entitlement ceases on death
109 If a person to whom an amount is to be paid under any of sections 100 to 103 dies before the amount is paid, that person’s entitlement to the amount ceases on their death.
Amount deemed to be compensation
110 An amount paid or payable under any of sections 100 to 103 is deemed, for the purposes of sections 89 and 90 of the Act, to be compensation as defined in subsection 2(1) of the Act.
Marginal note:Income Tax Act
111 An amount paid or payable under any of sections 100 to 103 is deemed, for the purposes of paragraph 81(1)(d.1) of the Income Tax Act, to be a disability award or a death benefit, as the case may be, payable to the taxpayer under Part 3 of the Act.
Consequential Amendments
R.S., c. C-28; 1990, c. 43, s. 43Children of Deceased Veterans Education Assistance Act
Marginal note:2005, c. 21, s. 99(2)
112 Subparagraph (f)(iii) of the definition student in section 2 of the Children of Deceased Veterans Education Assistance Act is replaced by the following:
(iii) 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 under that Act and, if applicable, the Pension Act, is equal to or greater than the lowest extent of disability set out in column 2 of Schedule 3 to the Canadian Forces Members and Veterans Re-establishment and Compensation Act in respect of a rate of award of 50%. (étudiant)
R.S., c. P-6Pension Act
Marginal note:2011, c. 12, s. 20
113 Subsection 72(1.1) of the Pension Act is replaced by the following:
Marginal note:Ineligibility — career impact allowance
(1.1) A member of the forces who is eligible for a career impact allowance under the Canadian Forces Members and Veterans Re-establishment and Compensation Act is not eligible to be awarded an exceptional incapacity allowance.
- Date modified: