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

RELATED PROVISIONS

• — 2011, c. 12, s. 20.1

  • Review

    20.1 Within two years after the day on which this section comes into force, a comprehensive review of the provisions and operations of this Act must be undertaken by any committees of the Senate and of the House of Commons that are designated or established by the Senate and the House of Commons for that purpose.

• — 2016, c. 3, s. 9.1

  • Mature minors, advance requests and mental illness

    • 9.1 (1) The Minister of Justice and the Minister of Health must, no later than 180 days after the day on which this Act receives royal assent, initiate one or more independent reviews of issues relating to requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.

    • (2) The Minister of Justice and the Minister of Health must, no later than two years after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.

• — 2016, c. 3, s. 10

  • Review by committee

    • 10 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.

    • Report

      (2) The committee to which the provisions are referred is to review them and the state of palliative care in Canada and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.

• — 2016, c. 7, s. 98, as amended by 2017, c. 20, s. 292

  • 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 Veterans Well-being 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.

    • 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 Veterans Well-being 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.

• — 2016, c. 7, s. 99, as amended by 2017, c. 20, s. 292 and 2018, c. 12, s. 183

  • Definitions

    99 The following definitions apply in this section and sections 100 to 111.

    Act

    Act means

    • (a) in this section and sections 100 to 103, the Veterans Well-being Act as it read on April 1, 2017; and

    • (b) in sections 107, 110 and 111, the Veterans Well-being 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)

• — 2016, c. 7, s. 100

  • 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.

    • 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.

• — 2016, c. 7, s. 101

  • 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.

• — 2016, c. 7, s. 102

  • 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.

• — 2016, c. 7, s. 103

  • 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.

• — 2016, c. 7, s. 104

  • Application

    104 Sections 100 to 102 apply in respect of each disability award received by or in respect of a member or a veteran.

• — 2016, c. 7, s. 105

  • 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.

• — 2016, c. 7, s. 106

  • 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.

• — 2016, c. 7, s. 107

  • 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.

• — 2016, c. 7, s. 108

  • 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.

• — 2016, c. 7, s. 109

  • 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.

• — 2016, c. 7, s. 110

  • 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.

• — 2016, c. 7, s. 111, as amended by 2018, c. 12, s. 184

  • 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 pain and suffering compensation or a death benefit, as the case may be, payable to the taxpayer under Part 3 of the Act.

• — 2017, c. 20, s. 293

  • Payment or reimbursement

    • 293 (1) On or after April 1, 2018, the Minister of Veterans Affairs may, in accordance with Part 1 of the Veterans Well-being Act and the regulations, as they read immediately before that day, pay or reimburse fees that are in respect of career transition services provided under that Part before that day.

    • Application of section 87.1

      (2) Section 87.1 of the Veterans Well-being Act applies with respect to an amount payable under subsection (1) to a person to whom career transition services were provided.

• — 2017, c. 20, s. 294

  • Services before April 1, 2018

    294 A person who is entitled, on March 31, 2018, to receive career transition services under the Veterans Well-being Act need not re-apply for career transition services under section 3 of that Act, as it reads on April 1, 2018, if they meet the requirements of that section.

• — 2017, c. 20, s. 295

  • Cessation of family caregiver relief benefits

    • 295 (1) Subject to subsection (2), all family caregiver relief benefits under Part 3.1 of the Veterans Well-being Act as it read on March 31, 2018 cease to be payable on April 1, 2018.

    • Applications made before April 1, 2018

      (2) An application for a family caregiver relief benefit that is made under subsection 65.1(1) of the Veterans Well-being Act as it read on March 31, 2018 and that is received by the Minister before April 1, 2018 is to be dealt with in accordance with that Act as it read on March 31, 2018. If the application is approved, the veteran is entitled to the benefit for only one year.

• — 2017, c. 20, s. 296

  • April 1, 2006

    296 Paragraph 94(j.1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is deemed to have come into force on April 1, 2006.

• — 2018, c. 12, s. 162

  • 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)

• — 2018, c. 12, s. 163

  • 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.

• — 2018, c. 12, s. 164

  • 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.

• — 2018, c. 12, s. 165

  • 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.

• — 2018, c. 12, s. 166

  • 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.

• — 2018, c. 12, s. 167

  • 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.

• — 2018, c. 12, s. 168

  • 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.

• — 2018, c. 12, s. 169

  • 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.

• — 2018, c. 12, s. 170

  • 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.

• — 2018, c. 12, s. 171

  • 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.

• — 2018, c. 12, s. 172

  • 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.

• — 2018, c. 12, s. 173

  • 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.

• — 2018, c. 12, s. 174

  • 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.

    • 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.

• — 2018, c. 12, s. 175

  • 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.

    • 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.

• — 2018, c. 12, s. 176

  • 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.

• — 2018, c. 12, s. 177

  • 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.

• — 2020, c. 11, s. 10

  • Payment out of Consolidated Revenue Fund

    10 Any amount payable by the Minister of Employment and Social Development in relation to the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19), including any administrative cost, is to be paid out of the Consolidated Revenue Fund.