Veterans Well-being Act (S.C. 2005, c. 21)

Marginal note:Regulations

5.93 The Governor in Council may make regulations

• (a) prescribing how the length of service in the reserve force is to be determined for the purposes of paragraph 5.2(1)(a);

• (b) respecting what constitutes honourable release for the purpose of paragraph 5.2(1)(b);

• (c) providing for the periodic adjustment of the maximum cumulative amount referred to in subsection 5.2(2);

• (d) defining educational institution for the purposes of paragraph 5.3(1)(a);

• (e) prescribing the education or training that may or may not be approved by the Minister under section 5.5; and

• (f) defining what constitutes incarceration in a correctional institution for the purposes of section 5.8.

PART 2Rehabilitation Services, Vocational Assistance and Financial Benefits

General

Marginal note:Non-application of this Part

6 This Part does not apply in respect of a physical or a mental health problem that resulted primarily from

• (a) service in the Canadian Forces on or before April 1, 1947; or

• (b) service in the Korean War, as that term is defined in subsection 3(1) of the Pension Act.

Marginal note:Consequential injury or disease

7 For the purposes of this Part, an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

• (a) a service-related injury or disease;

• (b) a non-service related injury or disease that was aggravated by service;

• (c) an injury or a disease that is itself the consequence of an injury or a disease described in paragraph (a) or (b); or

• (d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).

Rehabilitation Services and Vocational Assistance

Marginal note:Eligibility — rehabilitation need

• 8 (1) The Minister may, on application, provide rehabilitation services to a veteran who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

• Marginal note:Factors Minister may consider

  (2) For the purposes of subsections (1) and 18(1), in deciding whether a veteran has a physical or a mental health problem that is creating a barrier to re-establishment in civilian life, and whether that health problem resulted primarily from service in the Canadian Forces, the Minister may consider any factors that the Minister considers relevant, including

  • (a) medical reports or records that document the veteran’s physical or mental health problem;

  • (b) documentation that indicates the nature of the veteran’s service in the Canadian Forces;

  • (c) documentation provided by the veteran as to the circumstances of their health problem; and

  • (d) research that establishes the prevalence of specific health problems in military populations.

• Marginal note:Presumption

  (3) For the purposes of subsections (1) and 18(1), a veteran’s physical or mental health problem is deemed to have resulted primarily from service in the Canadian Forces if, as a result of the health problem, the veteran suffers from a disability for which a disability award has been granted, pain and suffering compensation has been granted under section 45 or a pension has been granted under the Pension Act.

9 [Repealed, 2018, c. 12, s. 128]

Marginal note:Assessment of needs

• 10 (1) The Minister shall, on approving an application made under section 8, assess the veteran’s medical rehabilitation, psycho-social rehabilitation and vocational rehabilitation needs.

• Marginal note:Rehabilitation plan

  (2) The Minister may develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.

• Marginal note:Limitation

  (3) The only physical or mental health problem that may be addressed in the rehabilitation plan is a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

• Marginal note:Considerations

  (4) In developing a rehabilitation plan, the Minister shall have regard to any prescribed principles and factors and be guided by current research in the field of rehabilitation.

• (5) [Repealed, 2018, c. 12, s. 129]

Marginal note:Eligibility — spouses and common-law partners

• 11 (1) The Minister may, on application, provide rehabilitation services and vocational assistance to a veteran’s spouse or common-law partner if the Minister

  • (a) has approved an application for rehabilitation services made by the veteran under section 8; and

  • (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.

• Marginal note:Continuation

  (2) If a veteran dies after an application made under subsection (1) has been approved, the survivor continues to be eligible to receive rehabilitation services and vocational assistance under that subsection.

Marginal note:Eligibility — survivors

12 The Minister may, on application, provide rehabilitation services and vocational assistance to a member’s or a veteran’s survivor, if the member or veteran dies as a result of

• (a) a service-related injury or disease; or

• (b) a non-service-related injury or disease that was aggravated by service.

Marginal note:Assessment of needs

• 13 (1) The Minister shall, on approving an application made under subsection 11(1) or section 12, assess the vocational assistance needs of the spouse, common-law partner or survivor and, if such needs are identified, shall assess the person’s medical, psycho-social and vocational rehabilitation needs.

• Marginal note:Vocational assistance plan

  (2) The Minister may, for the purpose of restoring the earnings capacity of the spouse, common-law partner or survivor to a level that the Minister determines to be reasonable, given the person’s education, skills and experience, develop and implement a vocational assistance plan to address the vocational assistance needs that are identified in the assessment.

• Marginal note:Rehabilitation plan

  (3) The Minister may, to the extent necessary to achieve the purpose set out in subsection (2), develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.

• Marginal note:Development of plan

  (4) In developing a rehabilitation plan or a vocational assistance plan, the Minister shall

  • (a) have regard to any prescribed principles and factors; and

  • (b) be guided by current research in the fields of rehabilitation and vocational assistance.

Marginal note:Duration of plan

• 14 (1) The duration of a rehabilitation plan or a vocational assistance plan shall be fixed by the Minister.

• Marginal note:Evaluation of plan

  (2) The Minister may evaluate a rehabilitation plan or a vocational assistance plan at any time, and may modify the plan or change its duration.

Marginal note:Examination or assessment

• 15 (1) The Minister may, when evaluating a rehabilitation plan, require the person for whom the plan has been developed to undergo a medical examination or an assessment by a person specified by the Minister.

• Marginal note:Assessment

  (2) The Minister may, when evaluating a vocational assistance plan, require a person for whom the plan has been developed to undergo an assessment by a person specified by the Minister.

• Marginal note:Non-compliance

  (3) If a person who is required to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the rehabilitation plan or the vocational assistance plan.

Marginal note:Refusal to provide services or assistance

• 16 (1) The Minister may refuse to provide rehabilitation services or vocational assistance to a person to the extent they are available to the person as an insured service under a provincial health care system, a provincial or federal workers’ compensation plan or any other plan that may be prescribed.

• Marginal note:Refusal to provide services or assistance

  (2) The Minister may refuse to provide rehabilitation services or vocational assistance, in whole or in part, to a person if those services or that assistance has already been provided or if the Minister considers that the refusal is reasonable in the circumstances.

Marginal note:Cancellation

17 The Minister may cancel a rehabilitation plan or a vocational assistance plan in the prescribed circumstances.

Income Replacement Benefit

Veterans

Marginal note:Eligibility

• 18 (1) The Minister may, on application, pay, in accordance with section 19 or 19.1, an income replacement benefit to a veteran who makes an application under section 8 and who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

• Marginal note:Veteran’s participation

  (2) Subject to subsection (9), a veteran who is informed by the Minister of their entitlement to an income replacement benefit is required

  • (a) to participate in the assessment of their needs under subsection 10(1); and

  • (b) if the Minister determines, as a result of that assessment, that a rehabilitation plan should be developed for the veteran, to participate in the development and implementation of the plan.

• Marginal note:When benefit payable

  (3) Subject to subsection (4), the income replacement benefit begins to be payable on the later of

  • (a) the first day of the month in which the Minister determines that the veteran has provided all the prescribed information, and

  • (b) the day that is one year before the first day of the month in which the Minister determines that the veteran is entitled to the benefit.

• Marginal note:Release from Canadian Forces

  (4) If the determination referred to in paragraph (3)(a) is made before the day on which the veteran is released from the Canadian Forces, then the day referred to in that paragraph is the first day of the month in which the veteran is released or, if the veteran is released on the last day of the month, the first day of the month after the month in which the veteran is released.

• Marginal note:Determination — diminished earning capacity

  (5) If a rehabilitation plan is developed under section 10 for the physical or mental health problem referred to in subsection (1) for a veteran who is entitled to the income replacement benefit, then the Minister shall, in accordance with the regulations, determine whether the veteran has a diminished earning capacity that is due to that health problem, before the earlier of

  • (a) the day on which the veteran completes the rehabilitation plan, and

  • (b) the day on which the veteran attains the age of 65 years.

• Marginal note:Duration of benefit

  (6) Subject to subsections (7) and 20(2) and section 21, the income replacement benefit ceases to be payable on the earlier of

  • (a) the first day of the month after the month in which the Minister determines, as a result of an assessment of the veteran’s needs under subsection 10(1), that a rehabilitation plan should not be developed for the veteran,

  • (b) the first day of the month after the month in which the veteran completes the rehabilitation plan referred to in subsection (5) or the rehabilitation plan is cancelled,

  • (c) the first day of the month after the month in which the veteran attains the age of 65 years, and

  • (d) the first day of the month after the month in which the veteran dies.

• Marginal note:Continuation

  (7) If the Minister determines under subsection (5) that the veteran has a diminished earning capacity that is due to the physical or mental health problem referred to in subsection (1), the income replacement benefit continues to be payable to the veteran even if the rehabilitation plan has been completed or cancelled or the veteran has attained the age of 65 years, but the benefit ceases to be payable on the earlier of

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

  • (b) the first day of the month after the month in which the veteran dies.

• Marginal note:Deeming

  (8) If the Minister makes the determination referred to in subsection (5) after the day on which the veteran attains the age of 65 years because the Minister was of the opinion that the reasons for delaying the determination were reasonable in the circumstances, that determination is deemed, for the purposes of subsection (7), to have been made before that day.

• Marginal note:Non-application of subsection (2)

  (9) Subsection (2) does not apply to a veteran if the Minister determines under subsection (5) that the veteran has a diminished earning capacity that is due to the physical or mental health problem.

• Marginal note:Non-application — paragraph (7)(a)

  (10) Paragraph (7)(a) does not apply to a veteran who has attained the age of 65 years.