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Department of Veterans Affairs Act

Version of section 5 from 2018-04-01 to 2019-03-31:


Marginal note:Regulations

  •   The Governor in Council may make regulations

    • (a) specifying the persons or classes of persons, from within those referred to in subparagraphs 4(a)(i) and (ii), who are entitled to any or all of the care, treatment or other benefits authorized by regulations made under this section, and respecting the circumstances in which a person may receive any such care, treatment or other benefit;

    • (b) [Repealed, 2017, c. 20, s. 291]

    • (c) respecting the care, treatment or other benefits to be provided or that the Minister will pay for in whole or in part, the circumstances in which the Minister will pay in whole or in part and the circumstances in which the Minister may cease to pay in whole or in part;

    • (c.1) respecting

      • (i) the circumstances in which a person is required to make payments in respect of all or part of the cost of accommodation and meals in a hospital, home or other institution,

      • (ii) the calculation of the payments referred to in subparagraph (i), and

      • (iii) the method and arrangement for making the payments referred to in subparagraph (i);

    • (d) for the receipt and retention of any properties or moneys held or payable by the Crown or any other authority, person or persons on behalf of any persons or their dependants whenever such persons are being or have been cared for under the provisions of this Act, either by medical treatment, training or otherwise, and for giving therefor a valid receipt, and in the case of insane persons who are being or have been so cared for under this Act, the assumption or authorization of guardianship in whole or in part in respect of such properties or moneys, and for the disposal of such properties or moneys to such persons or their dependants, or as may be deemed expedient or the disposal thereof to the estates of such persons if deceased;

    • (e) respecting payments, grants or allowances to be made to persons and their dependants and survivors whenever such persons are receiving or have received care, treatment or other benefits under

      • (i) regulations made under this section, or

      • (ii) any other enactment that incorporates by reference regulations made under this section;

    • (e.1) respecting occasional financial assistance to be given to persons and their dependants and survivors to meet emergencies or unexpected financial contingencies or to relieve financial distress;

    • (f) with respect to reciprocal or other arrangements with the government of any country for

      • (i) the care, treatment and other benefits for persons who have served in the naval, army or air forces or merchant navy of any such government,

      • (ii) the issue of payments, grants or allowances to the persons mentioned in subparagraph (i) and their dependents and survivors,

      • (iii) the assumption or authorization of guardianship in respect of properties or moneys of the persons mentioned in subparagraph (i) or of any persons who may be the beneficiaries of any of the said governments and the dependants of such persons, and

      • (iv) the disposal of the properties or moneys contemplated in subparagraph (iii) to the persons therein mentioned or to the estates of those persons if deceased;

    • (g) for furnishing persons with the following benefits:

      • (i) free transportation in Canada, in the case of a person pensioned for total blindness or for a disability necessitating an escort when travelling, and

      • (ii) the treatment of persons classified as wholly incurable, or chronically recurrent cases needing institutional care;

    • (g.1) for providing, maintaining and replacing gravemarkers and for providing financial assistance towards the expenses of last sickness, funeral, burial and cremation, in respect of a person, in cases where

      • (i) the death of the person was caused wholly or in part by a disability in respect of which an award was payable under the Pension Act or under any enactment incorporating that Act by reference,

      • (i.1) the person died of an injury or a disease for which a disability award or a death benefit was payable under the Veterans Well-being Act,

      • (ii) the person was, at the time of death, in receipt of care or treatment in respect of a disability described in subparagraph (i),

      • (iii) there are insufficient funds, as determined under the regulations, for the person’s funeral, burial or cremation, or

      • (iv) another department or agency of the Government of Canada, or the government of another country, requests the Department to provide any gravemarker, service or assistance referred to in this paragraph and agrees in writing to reimburse the Department for the cost;

    • (g.2) for determining what constitutes insufficient funds for the purposes of subparagraph (g.1)(iii);

    • (g.3) respecting procedures and terms and conditions relating to the provision of any gravemarker, service or assistance referred to in paragraph (g.1);

    • (g.4) establishing standards relating to any gravemarker, service or assistance referred to in paragraph (g.1);

    • (g.5) authorizing the Minister to establish, subject to any regulation made under paragraph (g.4), standards relating to any gravemarker, service or assistance referred to in paragraph (g.1);

    • (g.6) providing for the Minister to enter into agreements with any body under which that body undertakes to administer the provision of any or all gravemarkers, services or assistance referred to in paragraph (g.1);

    • (g.7) respecting matters that must be included in agreements referred to in paragraph (g.6);

    • (h) respecting

      • (i) the provision of benefits, similar to those provided under regulations made under paragraphs (b) to (g.7) or to those provided under Acts and orders referred to in paragraph 4(a), to persons who were employees or agents of the Government of Canada during World War II as that war is defined in subsection 3(1) of the Pension Act, and to their dependants and survivors, and

      • (ii) the application of any of the provisions of the Acts and orders referred to in paragraph 4(a) to those benefits, persons, dependants and survivors; and

    • (i) [Repealed, 2000, c. 34, s. 13]

    • (j) for the purpose of carrying out the provisions of this Act with respect to any matter placed under the control and management of the Minister.

  • (2) and (3) [Repealed, 1990, c. 43, s. 1]

  • R.S., 1985, c. V-1, s. 5
  • 1990, c. 43, s. 1
  • 1999, c. 10, s. 37
  • 2000, c. 34, s. 13
  • 2001, c. 4, s. 126
  • 2005, c. 21, s. 100
  • 2011, c. 24, s. 180
  • 2015, c. 3, s. 75(F)
  • 2017, c. 20, ss. 291, 292
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