An Act to provide assistance for the higher education of children of certain deceased members of the armed forces and of other personsChildren of Deceased Veterans Education Assistance ActChildren of Deceased Veterans Education20196
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C-28Short Title
Short titleThis Act may be cited as the Children of Deceased Veterans Education Assistance Act.R.S., 1985, c. C-28, s. 1; 1990, c. 43, s. 43
Interpretation
DefinitionsIn this Act,educational institution means a technical or vocational school, a university, college or other school of higher education in Canada, approved by the Minister for the education or instruction of students pursuant to this Act; (établissement d’enseignement)Minister means the Minister of Veterans Affairs; (ministre)student meansa child on whose behalf a pension is being paid under or by virtue of any of the enactments set out in the schedule at a rate set out for a child in Schedule II to the Pension Act,a child on whose behalf payment of a pension was being made under or by virtue of any of the enactments set out in the schedule but was, either before, on or after July 1, 1953, discontinued pursuant to the enactment under or by virtue of which the payment was being made,a child on whose behalf no pension has been paid under or by virtue of any of the enactments set out in the schedule and who is, except for age, eligible for a pension under or by virtue of any of the enactments set out in the schedule at a rate provided for a child in Schedule II to the Pension Act,a child who, but for the operation of section 25 or 26 of the Pension Act, would be included in paragraph (a) of this definition,a child of a member or a veteran, as those terms are defined in subsection 2(1) of the Veterans Well-being Act, if the member or veteran diesof an injury or a disease that was attributable to or was incurred during special duty service or arose out of or was directly connected with service in the Canadian Forces, within the meaning of that Act, orof an injury or a disease that was aggravated, if the aggravation was attributable to or was incurred during special duty service or arose out of or was directly connected to service in the Canadian Forces, within the meaning of that Act, ora child of a member or a veteran, as those terms are defined in subsection 2(1) of the Veterans Well-being Act, ifthe member or veteran is deceased,a disability award or pain and suffering compensation has been granted under that Act in respect of the member or veteran, andthe 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 Veterans Well-being Act in respect of a rate of 50%. (étudiant)R.S., 1985, c. C-28, s. 2; R.S., 1985, c. 12 (2nd Supp.), s. 1; 1990, c. 43, s. 44; 2003, c. 27, s. 1; 2005, c. 21, s. 99; 2016, c. 7, s. 112; 2017, c. 20, s. 2922018, c. 12, s. 178
Education Assistance
Allowances and costs of instructionThe Minister may, in accordance with this Act and the regulations,make allowances to or in respect of students to enable them to continue their education or instruction within an educational institution; andpay in whole or in part the cost of such education or instruction.R.S., 1985, c. C-28, s. 3; R.S., 1985, c. 12 (2nd Supp.), s. 2
[Repealed, 2003, c. 27, s. 2]
Amount of allowanceThe amount of the monthly allowance that may be paid to or in respect of a student during the period in which the student pursues a full-time course of study in an educational institution is the aggregate of$300.00, andif no pension is being paid on behalf of the student under or by virtue of any of the enactments set out in the schedule, an additional amount equal to the monthly rate of pension for one orphan child provided in Schedule II to the Pension Act.Total period coveredThe total period for which an allowance and costs may be paid to or in respect of a student under this Act shall not exceed four academic years or thirty-six months, whichever is the lesser.CostsThe costs of education or instruction that may be paid in respect of a student under this Act shall include such tuition and other fees and costs as may be prescribed by regulation.Minister may extendThe Minister may extend the total period for which an allowance and costs may be paid to or in respect of a student under this Act where the Minister is of the opinion that the student’s progress and achievements in his course of study are such that it would be in the interest both of the student and of the public that the payments under section 3 be continued during a further period.R.S., 1985, c. C-28, s. 4; 1990, c. 43, s. 45; 2003, c. 27, s. 3
Age limitNo allowance or costs shall be paid under this Act in respect of a student whohas attained the age of twenty-five years, orwhere, pursuant to subsection 4(4), the Minister has extended the total period for which an allowance and costs may be paid beyond the year in which the student attains the age of twenty-five years, has attained the age of thirty years,except in so far as may be necessary to enable the student to complete the academic year in which he attains that age.[Repealed, 1990, c. 43, s. 46]R.S., 1985, c. C-28, s. 5; 1990, c. 43, s. 46
[Repealed, 1990, c. 43, s. 47]
Failure to be promotedNo allowance or costs shall be paid to or in respect of a student for any education or instruction obtained after the student fails to meet the requirements of an educational institution for promotion to the next succeeding level of the full-time course of study that the student is pursuing at that educational institution, unlessthe student failed to meet the requirements for promotion, in the opinion of the Minister, for reasons beyond the student’s control, orthe student is subsequently, in the opinion of the Minister, promoted to the next succeeding level of that full-time course of study or of another full-time course of study having equivalent levels at that or another educational institution.R.S., 1985, c. C-28, s. 7; 1990, c. 43, s. 48
Costs to educational institutionThe Minister may, in accordance with the regulations, pay to the educational institution in which any student receiving assistance under this Act is taking his course of education or instruction any of the costs of the course that are payable to the educational institution.R.S., c. C-18, s. 8
Annual Adjustment of Allowances
Annual adjustmentWhere any allowance has become payable under this Act, the basic monthly amount of that allowance shall be adjusted annually, in such manner as may be prescribed by the Governor in Council, so that the amount payable for a month in any following year is an amount equal to the product obtained by multiplyingthe amount that would have been payable for that month if no adjustment had been made under this section with respect to that following year,bythe ratio that the Consumer Price Index for the twelve month period ending on the thirty-first day of October immediately before that following year bears to the Consumer Price Index for the twelve month period immediately before that twelve month period.Meaning of certain referencesIn this section and section 11,a reference to the Consumer Price Index for any twelve month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that twelve month period; anda reference to the basic monthly amount of any allowance shall be construed as a reference to the amount of that allowance, expressed in terms of a monthly amount and calculated without regard to the provisions of this section.R.S., 1985, c. C-28, s. 9; 1990, c. 43, s. 49
LimitationNotwithstanding anything in section 9, the amount of any allowance that may be paid to a person for a month in any calendar year shall not, by reason only of that section, be less than the amount of the allowance that was or may be paid to that person for any month in the immediately preceding calendar year.1972, c. 12, s. 7
Where basis of Consumer Price Index changedWhere at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index for any twelve month period that is used for the purpose of calculating the amount of any allowance that may be paid.1972, c. 12, s. 7
Regulations
RegulationsThe Governor in Council may make regulationsprescribing the manner of payment of the allowances and costs under this Act to or in respect of students and the manner of computing the amount of allowances and costs payable in respect of any period;prescribing the maximum amount of costs under this Act payable in respect of a student, and providing for the annual adjustment of that amount as a function of the Consumer Price Index;prescribing the conditions in addition to those specified in this Act under which the payment of allowances or costs may be terminated; andgenerally, for carrying out the purposes and provisions of this Act.R.S., 1985, c. C-28, s. 12; 2003, c. 27, s. 4
(Sections 2 and 4)Paragraphs 21(1)(b) and (e), subsections 21(2) and 34(6) and sections 64, 65 and 66 of the Pension Act.Civilian War-related Benefits Act.Special Operators War Service Benefits Act.Supervisors War Service Benefits Act.Women’s Royal Naval Services and the South African Military Nursing Service (Benefits Act).Section 34 of the Veterans Review and Appeal Board Act.R.S., 1985, c. C-28, Sch.; 1992, c. 24, s. 14; 1999, c. 10, s. 43; 2003, c. 27, ss. 5, 6RELATED PROVISIONS — 2003, c. 27, s. 12
Authority to make allowance and pay costsThe Minister of Veteran Affairs may, for the purposes of the Children of Deceased Veterans Education Assistance Act, make allowances to or in respect of, and pay the education or instruction costs in respect of, a student who was not entitled to them by reason only of section 3.1 of that Act before its repeal by section 2 of this Act.Amount of allowanceFor the purposes of subsection (1), the amount of the monthly allowance that may be paid to or in respect of a student for the period beginning on February 28, 1995 and ending on August 31, 2003 is $167.47, in lieu of the aggregate of the amounts referred to in paragraphs 4(1)(a) and (b) of the Children of Deceased Veterans Education Assistance Act.Maximum amount of education or instruction costsFor the purposes of subsection (1), the maximum amount of education or instruction costs payable in respect of a student for any academic year falling, in whole or in part, within the period beginning on February 28, 1995 and ending on August 31, 2003 is $1,500.Maximum period coveredFor the purposes of subsection (1), subsection 4(4) of the Children of Deceased Veterans Education Assistance Act does not apply.
 — 2003, c. 27, s. 13
Definition of amending regulationIn subsection (2), amending regulation means the first regulation amending paragraph 5(3)(a) of the Children of Deceased Veterans Education Assistance Regulations that is made after this Act is assented to.Maximum amount of education or instruction costsFor the purposes of the Children of Deceased Veterans Education Assistance Act and notwithstanding paragraph 5(3)(a) of the Children of Deceased Veterans Education Assistance Regulations, the maximum amount of education or instruction costs payable in respect of a student for any academic year falling, in whole or in part, within the period beginning on September 1, 2003 and ending on the day on which the amending regulation comes into force is $4,000.