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

Act current to 2019-07-01 and last amended on 2019-04-01. Previous Versions

Review (continued)

Marginal note:Written and oral submissions

 An applicant may make a written submission to the review panel or may appear before it, in person or by a representative, to present evidence and arguments.

Marginal note:Disposition of application

 A review panel may

  • (a) affirm, vary or reverse the decision of the Minister being reviewed;

  • (b) refer any matter back to the Minister for reconsideration; or

  • (c) refer any matter not dealt with in the decision back to the Minister for a decision.

Marginal note:Decision to be made as soon as possible

  •  (1) A review panel shall make its decision as soon as possible and shall notify the applicant of the decision.

  • Marginal note:Decision of majority

    (2) A decision of a majority of the members of a review panel is a decision of the Board.

  • Marginal note:Absence of majority decision

    (3) In the absence of a majority decision, the decision most favourable to the applicant is the decision of the Board.

Marginal note:Reconsideration of decisions

  •  (1) A review panel may, on its own motion, reconsider a decision made by it under section 21 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.

  • Marginal note:Board may exercise powers

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

Marginal note:Applicant and witnesses to be paid expenses, etc.

 An applicant and each witness called by an applicant who attends a hearing by a review panel are entitled to be paid

  • (a) travel and living expenses incurred in attending the hearing, in accordance with regulations made in relation to veterans health care under section 5 of the Department of Veterans Affairs Act; and

  • (b) in the case of a witness who is a medical practitioner, such attendance fee as may be fixed by the Treasury Board.

  • 1995, c. 17, s. 73, c. 18, s. 24
  • 2000, c. 34, s. 95(F)
  • 2015, c. 3, s. 158

Marginal note:Appeal

 An applicant who is dissatisfied with a decision made under section 21 or 23 may appeal the decision to the Board.

Appeals

Marginal note:Exclusive jurisdiction

 The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals that may be made to the Board under section 25 or under the War Veterans Allowance Act or any other Act of Parliament, and all matters related to those appeals.

Marginal note:Appeal panel

  •  (1) An appeal shall be heard, determined and dealt with by an appeal panel consisting of not fewer than three members designated by the Chairperson.

  • Marginal note:Prohibition

    (2) A member of a review panel may not sit on an appeal panel that has been established to hear an appeal of a decision made by that review panel.

Marginal note:Written and oral submissions

  •  (1) Subject to subsection (2), an appellant may make a written submission to the appeal panel or may appear before it, in person or by representative and at their own expense, to present evidence and oral arguments.

  • Marginal note:Documented evidence

    (2) Only documented evidence may be submitted under subsection (1).

Marginal note:Disposition of appeals

  •  (1) An appeal panel may

    • (a) affirm, vary or reverse the decision being appealed;

    • (b) refer any matter back to the person or review panel that made the decision being appealed for reconsideration, re-hearing or further investigation; or

    • (c) refer any matter not dealt with in the decision back to that person or review panel for a decision.

  • Marginal note:Where matter cannot be referred to review panel

    (2) Where the members of a review panel have ceased to hold office or for any other reason a matter cannot be referred to that review panel under paragraph (1)(b) or (c), the appeal panel may refer the matter to the Chairperson who shall establish a new review panel in accordance with subsection 19(1) to consider, hear, investigate or decide the matter, as the case may be.

Marginal note:Questions of interpretation

 Where the appellant raises a 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 and the appeal panel is of the opinion that the question is not trivial, frivolous or vexatious, it shall notify the prescribed persons or organizations and give them an opportunity to present argument on the question before it makes its decision.

  • 1995, c. 18, s. 30
  • 2005, c. 21, s. 112
  • 2017, c. 20, s. 292

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
 
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