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Veterans Review and Appeal Board Act (S.C. 1995, c. 18)

Act current to 2022-06-20 and last amended on 2019-04-01. Previous Versions

Appeals (continued)

Marginal note:Decision of majority

 A decision of the majority of members of an appeal panel is a decision of the Board and is final and binding.

Marginal note:Reconsideration of decisions

  •  (1) Notwithstanding section 31, an appeal panel may, on its own motion, reconsider a decision made by it under subsection 29(1) or this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may do so on application if the person making the application alleges that an error was made with respect to any finding of fact or the interpretation of any law or if new evidence is presented to the appeal panel.

  • Marginal note:Board may exercise powers

    (2) The Board may exercise the powers of an appeal panel under subsection (1) if the members of the appeal panel have ceased to hold office as members.

  • Marginal note:Other sections applicable

    (3) Sections 28 and 31 apply, with such modifications as the circumstances require, with respect to an application made under subsection (1).

Marginal note:Appeal to Tax Court of Canada

  •  (1) Notwithstanding section 31, an appeal lies to the Tax Court of Canada from any decision of an appeal panel as to income or as to the source of income, for the purposes of the War Veterans Allowance Act or Part XI of the Civilian War-related Benefits Act, of

    • (a) a person or their spouse, or both; or

    • (b) a person or their common-law partner, or both.

  • Marginal note:Meaning of common-law partner

    (2) In paragraph (1)(b), common-law partner has the same meaning as in subsection 2(1) of the War Veterans Allowance Act.

  • 1995, c. 18, s. 33
  • 1999, c. 10, s. 39
  • 2000, c. 12, s. 315

Compassionate Awards

Marginal note:Application for compassionate award

  •  (1) A person who has been refused an award under the Pension Act or a critical injury benefit, a disability award, pain and suffering compensation, additional pain and suffering compensation, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Veterans Well-being Act, and who has exhausted all procedures for review and appeal under this Act may apply to the Board for a compassionate award.

  • Marginal note:Panel

    (2) An application for a compassionate award shall be heard, determined and dealt with by a panel consisting of not fewer than three members designated by the Chairperson.

  • Marginal note:Granting of compassionate award

    (3) A panel may grant a compassionate award if it considers the case to be specially meritorious and the applicant is unqualified to receive an award under the Pension Act or a critical injury benefit, a disability award, pain and suffering compensation, additional pain and suffering compensation, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Veterans Well-being Act.

  • Marginal note:Amount

    (4) The amount of a compassionate award shall be any sum that the panel may fix, but may not exceed the amount to which the applicant would have been entitled if the applicant’s claim under the Pension Act or the Veterans Well-being Act had been upheld.

  • Marginal note:Review by Minister

    (5) The Minister may from time to time vary the amount of a compassionate award that is subject to being varied in accordance with the applicant’s dependent condition.

  • Marginal note:Adjustment

    (6) The amount of a compassionate award shall be adjusted at the same times and by the same percentage as the basic pension is adjusted under subsection 75(1) of the Pension Act.

  • Marginal note:Death of recipient

    (6.1) On the death of a person to whom a compassionate award has been granted, the Pension Act applies in respect of a survivor or surviving child of that person in the same manner as it would apply if the compassionate award had been an award within the meaning of that Act.

  • Marginal note:Meaning of survivor and child

    (6.2) In subsection (6.1), survivor and child have the same meaning as in the Pension Act.

  • Marginal note:Reconsideration of decisions

    (7) The Board may, on its own motion, reconsider a decision made by it under this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may do so on application if new evidence is presented to the Board.

  • Marginal note:Definition of compassionate award

    (8) In this section, compassionate award means a compassionate pension, allowance or supplementary award.

  • 1995, c. 18, s. 34
  • 2000, c. 34, s. 67
  • 2005, c. 21, s. 113
  • 2015, c. 3, s. 159(F), c. 36, s. 227
  • 2017, c. 20, s. 292
  • 2018, c. 12, s. 181

General

Marginal note:Representation

 In all proceedings under this Act, an applicant or appellant may choose to be represented by a pensions advocate from the Bureau, by a service bureau of a veterans’ organization or, at the person’s own expense, by any other representative of the person’s choice.

Marginal note:Place and time of sittings

  •  (1) The Board shall sit at such places in Canada and at such times as may be fixed by the Chairperson, having regard to the convenience of the applicant and the Board.

  • Marginal note:Hearings to be public

    (2) Every hearing before the Board shall be open to the public except where the applicant or appellant requests that the hearing be closed and the Board is of the opinion that a closed hearing would not be contrary to the public interest.

  • 1995, c. 18, s. 36
  • 1999, c. 10, s. 40

Marginal note:Questions of interpretation

  •  (1) The Minister, the Chief Pensions Advocate, any veterans’ organization incorporated by or under an Act of Parliament or any interested person may refer to the Board for a hearing and decision on any question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Veterans Well-being Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act.

  • Marginal note:Notice

    (2) Before making a decision on a question referred to it, the Board shall notify the prescribed persons or organizations and give them an opportunity to present argument on the question.

  • Marginal note:Refusal to hear trivial questions

    (3) The Board may refuse to hear and decide any question referred to it under this section that it considers to be trivial, frivolous or vexatious.

  • 1995, c. 18, s. 37
  • 2005, c. 21, s. 114
  • 2017, c. 20, s. 292

Marginal note:Medical opinion

  •  (1) The Board may obtain independent medical advice for the purposes of any proceeding under this Act and may require an applicant or appellant to undergo any medical examination that the Board may direct.

  • Marginal note:Notification of intention

    (2) Before accepting as evidence any medical advice or report on an examination obtained pursuant to subsection (1), the Board shall notify the applicant or appellant of its intention to do so and give them an opportunity to present argument on the issue.

Marginal note:Rules of evidence

 In all proceedings under this Act, the Board shall

  • (a) draw from all the circumstances of the case and all the evidence presented to it every reasonable inference in favour of the applicant or appellant;

  • (b) accept any uncontradicted evidence presented to it by the applicant or appellant that it considers to be credible in the circumstances; and

  • (c) resolve in favour of the applicant or appellant any doubt, in the weighing of evidence, as to whether the applicant or appellant has established a case.

Marginal note:Expeditious proceedings

 All proceedings before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit.

Marginal note:Immunity

 No action or other proceeding lies against any person for or in respect of anything done, reported or said in good faith in any proceedings before the Board or anything reported or said in good faith in any material, information or report made or furnished by any person at the request of the Board.

Marginal note:Inquiries

  •  (1) The Chairperson may recommend to the Minister that an inquiry be held to determine whether a member should be subject to disciplinary or remedial measures for any reason set out in any of paragraphs 43(2)(a) to (d).

  • Marginal note:Judge to conduct inquiry

    (2) If the Minister considers it appropriate that an inquiry be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 43 referred to as a “judge”, shall conduct the inquiry.

  • Marginal note:Powers

    (3) A judge conducting an inquiry has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power

    • (a) to issue to any person a summons requiring them to appear at the time and place mentioned in the summons to testify with respect to all matters within their knowledge relative to the inquiry and to bring and produce any thing that they have or control relative to the inquiry; and

    • (b) to administer oaths and examine any person on oath.

  • Marginal note:Inquiry public

    (4) Subject to subsections (5) and (6), an inquiry shall be conducted in public.

  • Marginal note:Confidentiality

    (5) A judge conducting an inquiry may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry if the judge is satisfied that financial or personal or other matters may be disclosed and are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public.

  • Marginal note:Confidentiality

    (6) Where the judge considers it appropriate to do so, the judge may take any measures or make any order that the judge considers necessary to ensure the confidentiality of any hearing held in respect of an application referred to in subsection (5).

  • Marginal note:Rules of evidence

    (7) A judge conducting an inquiry is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.

  • Marginal note:Right to be heard

    (8) Every member in respect of whom an inquiry is held shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.

  • 1995, c. 18, s. 42
  • 2002, c. 8, s. 179

Marginal note:Report of inquiry

  •  (1) After an inquiry has been completed, the judge who conducted the inquiry shall submit a report of the conclusions of the inquiry to the Minister.

  • Marginal note:Recommendations

    (2) Where an inquiry has been held and, in the opinion of the judge who conducted the inquiry, the member in respect of whom the inquiry was held

    • (a) has become incapacitated from the due execution of their office by reason of infirmity,

    • (b) is guilty of misconduct,

    • (c) has failed in the due execution of their office, or

    • (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of their office,

    the judge may, in the report of the inquiry, recommend that the member be suspended without pay or removed from office or may recommend that such remedial measure as the judge considers necessary be taken.

  • Marginal note:Governor in Council may suspend or remove

    (3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member to whom the report relates without pay, remove the member from office or take any remedial measure.

Rules and Regulations

Marginal note:Rules

  •  (1) The Board may make rules, not inconsistent with the regulations, governing the proceedings, practice and procedures of the Board.

  • Marginal note:Quorum

    (2) A majority of permanent members in office constitutes a quorum for the purpose of making rules under subsection (1).

Marginal note:Regulations

 The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations

  • (a) prescribing the procedure to be followed in respect of applications, appeals or other matters under this Act;

  • (b) prescribing the information to be provided in connection with an application or appeal;

  • (c) prescribing the information to be included in the Board’s decisions;

  • (d) governing the giving of notice of the Board’s decisions; and

  • (e) prescribing persons or organizations for the purposes of sections 30 and 37.

Amendments to the Pension Act

 [Amendments]

Consequential Amendments

 [Amendments]

Repeal

 [Repeal]

Transitional

Marginal note:Members of Veterans Appeal Board cease to hold office

  •  (1) The Chairman, Deputy Chairman and other members of the Veterans Appeal Board cease to hold office on the day on which this section comes into force.

  • Marginal note:Staff

    (2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Veterans Appeal Board, except that the employee shall, on the coming into force of this section, occupy their position in the Veterans Review and Appeal Board under the authority of the Chairperson of that Board.

  • Marginal note:Definition of employee

    (3) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

 
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