Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
Full Document:
Assented to 2017-06-22
275 Section 40.5 of the Act is repealed.
276 Section 42 of the Act is replaced by the following:
Marginal note:Non-application of this Part
42 This Part, other than sections 44.1 and 44.2, does not apply 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, is one for which a pension may be granted under the Pension Act.
277 Section 44.3 of the Act is repealed.
278 The heading to Part 3.1 of the Act is replaced by the following:
Caregiver Recognition Benefit
279 (1) The portion of subsection 65.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Eligibility
65.1 (1) The Minister may, on application by a veteran, pay a caregiver recognition benefit to a person designated by the veteran if
(2) Paragraphs 65.1(1)(a) and (b) of the English version of the Act are replaced by the following:
(3) Paragraph 65.1(1)(c) of the Act is replaced by the following:
(b.1) the veteran has not been awarded a pension or compensation as those terms are defined in subsection 3(1) of the Pension Act;
(c) the designated person is 18 years of age or older and plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home for which the person receives no remuneration; and
(4) Subsections 65.1(3) and (4) of the Act are replaced by the following:
Marginal note:Factors to be considered
(3) In deciding whether a designated person plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home, the Minister shall consider only prescribed factors.
280 Sections 65.2 and 65.3 of the Act are replaced by the following:
Marginal note:Amount of benefit
65.2 The monthly amount of a caregiver recognition benefit that is payable to a designated person shall be the amount set out in column 2 of item 5 of Schedule 2.
Marginal note:Only one designated person
65.21 A veteran may, for the purpose of subsection 65.1(1), designate only one person at a time.
Marginal note:When benefit payable
65.22 (1) Subject to subsection (2), a caregiver recognition benefit begins to be payable on the first day of the month in which the application for the benefit is made.
Marginal note:Replacement of designated person
(2) If a veteran, by means of a new application for a caregiver recognition benefit, replaces the designated person with a new designated person, the caregiver recognition benefit begins to be payable to the new designated person on the later of
Marginal note:When benefit ceases to be payable
65.23 A caregiver recognition benefit ceases to be payable on the earliest of
(a) the first day of the month after the month in which the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) are no longer met,
(b) the first day of the month after the month in which the veteran makes a new application to replace the designated person with a new designated person, or
(c) the first day of the month after the month in which the veteran or the designated person dies.
Marginal note:Change in circumstances — veteran
65.24 (1) A veteran shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) or if the designated person dies.
Marginal note:Change in circumstances — designated person
(2) A designated person shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraph 65.1(1)(c) or if the veteran who designated the person dies.
Marginal note:Assessment
65.3 The Minister may, for the purpose of determining whether a designated person may continue to receive a caregiver recognition benefit, require the veteran who designated the person to undergo an assessment by a person specified by the Minister.
Marginal note:Suspension or cancellation
65.31 The Minister may, in the prescribed circumstances, suspend the payment of a caregiver recognition benefit or cancel the benefit.
281 The Act is amended by adding the following after section 78:
Waiver
Marginal note:Waiver of requirement for application
78.1 (1) The Minister may waive the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the compensation, services or assistance if they were to apply for it.
Marginal note:Notice of intent
(2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in the prescribed manner of that intention.
Marginal note:Accepting waiver
(3) The person may accept to have the requirement for an application waived by notifying the Minister in the prescribed manner of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.
Marginal note:Date of waiver
(4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.
Marginal note:Minister may require application
(5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.
Marginal note:Waiver cancelled
(6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.
Marginal note:Effect of waiver
78.2 (1) If the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.
Marginal note:Effect of cancelling waiver
(2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.
282 Section 83 of the Act is replaced by the following:
Marginal note:Review of decision under Part 1, 1.1, 2 or 3.1
83 Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision made under Part 1, 1.1, 2 or 3.1 or under this section.
283 The Act is amended by adding the following after section 87:
Payments
Marginal note:Amount paid to survivor
87.1 (1) Any amount that is payable under this Act to a person who dies before receiving it, is to be paid to their survivor.
Marginal note:Amount paid to estate or succession
(2) However, the amount is to be paid to the person’s estate or succession if they have no survivor or their survivor dies before receiving the amount.
Marginal note:Definition of survivor
(3) For the purposes of subsections (1) and (2), survivor, in relation to a deceased person, means
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