Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)

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

159 Items 1 to 2.1 of Schedule 2 to the Act are repealed.

160 Schedule 3 to the Act is replaced by the Schedule 3 set out in Schedule 2 to this Act.

161 The Act is amended by adding, after Schedule 3, the Schedule 4 set out in Schedule 3 to this Act.

Transitional Provisions

Definitions

Marginal note:Definitions

162 The following definitions apply in sections 163 to 177.

common-law partner

common-law partner has the same meaning as in subsection 2(1) of the Veterans Well-being Act. (conjoint de fait)

dependent child

dependent child has the same meaning as in subsection 2(1) of the Veterans Well-being Act. (enfant à charge)

former Act

former Act means the Veterans Well-being Act as it read immediately before April 1, 2019. (ancienne loi)

member

member has the same meaning as in subsection 2(1) of the Veterans Well-being Act. (militaire)

Minister

Minister means the Minister of Veterans Affairs. (ministre)

new Act

new Act means the Veterans Well-being Act as it reads on April 1, 2019. (nouvelle loi)

survivor

survivor has the same meaning as in subsection 2(1) of the Veterans Well-being Act. (survivant)

veteran

veteran has the same meaning as in subsection 2(1) of the Veterans Well-being Act. (vétéran)

Rehabilitation Services and Vocational Assistance

Marginal note:Veterans — determination before April 1, 2019

163 If, before April 1, 2019, the Minister made a determination in respect of an application for rehabilitation services or vocational assistance made by a veteran under section 9 of the former Act, then section 10 of the former Act applies to the veteran in respect of the application.

Marginal note:Veterans — applications pending April 1, 2019

164 If, before April 1, 2019, a veteran made an application for rehabilitation services or vocational assistance under section 9 of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister must make the determination in respect of the application under that section. Section 10 of the former Act applies to the veteran in respect of the application.

Marginal note:Spouses and common-law partners — April 1, 2019

165 Section 11 of the former Act applies to a veteran’s spouse or common-law partner if the Minister, before April 1, 2019,

• (a) approved an application for rehabilitation services made by the veteran under section 9 of the former Act; and

• (b) determined, based on an assessment of the veteran’s needs, 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.

Marginal note:Members — determination before April 1, 2019

166 If, before April 1, 2019, the Minister made a determination in respect of an application for rehabilitation services or vocational assistance made by a member under section 9 of the former Act and the member was not released from the Canadian Forces before March 31, 2019, then the determination is deemed not to have been made and the member is deemed to have made an application under section 9 of the new Act on April 1, 2019.

Marginal note:Veterans — determination on or after April 1, 2019 but before April 1, 2024

167 If, on or after April 1, 2019 but before April 1, 2024, the Minister made a determination in respect of an application for services related to medical rehabilitation or psycho-social rehabilitation made by a veteran under section 9 of the new Act, then section 10 of the new Act applies to the veteran in respect of the application.

Marginal note:Veterans — applications pending April 1, 2024

168 If, on or after April 1, 2019 but before April 1, 2024, a veteran made an application for services related to medical rehabilitation or psycho-social rehabilitation under section 9 of the new Act but the Minister did not make a determination in respect of the application before April 1, 2024, then the Minister must make the determination in respect of the application under that section. Section 10 of the new Act applies to the veteran in respect of the application.

Marginal note:Members — determination made on or after April 1, 2019 but before April 1, 2024

169 If, on or after April 1, 2019 but before April 1, 2024, the Minister made a determination in respect of an application for services related to medical rehabilitation or psycho-social rehabilitation made by a member under section 9 of the new Act and the member was not released from the Canadian Forces before March 31, 2024, then the determination is deemed not to have been made.

Marginal note:Limitation — veterans

170 A veteran who is receiving vocational assistance under Part 2 of the Veterans Well-being Act is not eligible for career transition services or an education and training benefit under that Act.

Canadian Forces Income Support Benefit

Marginal note:Pending applications

171 If, before April 1, 2019, a veteran made an application for a Canadian Forces income support benefit under section 27 of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister must make the determination in respect of the application under that section.

Marginal note:Applications made on or after April 1, 2019

172 If, on or after April 1, 2019, a veteran makes an application for a Canadian Forces income support benefit under section 27 of the new Act and, before the day on which the application is made, the veteran has not received an income replacement benefit under section 18 of that Act, then the Minister must make the determination in respect of the application under that section 27 but any reference to the income replacement benefit in that section is to be read as a reference to the earnings loss benefit.

Pain and Suffering Compensation

Marginal note:Adjustment of Schedule 3

173 On April 1, 2019, the amounts set out in column 4 of Schedule 3 to the new Act are deemed to have been adjusted on January 1, 2019 in the same manner as the amounts set out in column 3 of Schedule 3 to the former Act were adjusted on January 1, 2019.

Marginal note:Pending applications — member or veteran

• 174 (1) If, before April 1, 2019, a member or a veteran made an application for a disability award under section 45, 47 or 48 of the former Act but the Minister did not make a determination in respect of the application before that date, then the member or veteran is deemed to have made an application for pain and suffering compensation under section 45, 47 or 48 of the new Act, as the case may be, on April 1, 2019.

• Marginal note:No determination

  (2) For the purposes of subsection (1), the Minister did not make a determination in respect of an application if the Minister did not assess the member’s or veteran’s extent of disability in respect of the application.

Marginal note:Pending applications — survivor or dependent child

• 175 (1) If, before April 1, 2019, a survivor or a person who was, at the time of a member’s or a veteran’s death, a dependent child made an application for a disability award under subsection 50(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the survivor or person is deemed to have made an application for pain and suffering compensation under section 56 of the new Act on April 1, 2019.

• Marginal note:No determination

  (2) For the purposes of subsection (1), the Minister did not make a determination in respect of an application if the Minister did not assess the member’s or veteran’s extent of disability in respect of the application.

Marginal note:Deceased member or veteran

176 If a member or a veteran who made an application for a disability award under section 45, 47 or 48 of the former Act dies before the Minister makes a determination in respect of the application and, on March 31, 2019, the Minister has not made a determination to pay, under subsection 50(2) of the former Act, the disability award to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, the Minister may pay pain and suffering compensation to the survivor or person under subsection 55(1) of the new Act as if the member or veteran had made an application for pain and suffering compensation under section 45, 47 or 48 of the new Act, as the case may be, on April 1, 2019.

Marginal note:Review, appeal and reconsideration — disability award

177 Any review, appeal or reconsideration that is continued on or commenced on or after April 1, 2019, in relation to a determination made before that date in respect of an application for a disability award made under the former Act is to be conducted as if the determination was a determination in respect of an application for pain and suffering compensation made on that date under the new Act.