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

Marginal note:Amount paid — survivors under subsection 25(2) of former Act

• 125 (1) The Minister shall pay the amount determined in accordance with subsection (2) to a survivor who

  • (a) is the survivor of a veteran who, at the time of their death, was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act;

  • (b) was not eligible to receive an earnings loss benefit under section 22 of the former Act on March 31, 2019; and

  • (c) has not received a supplementary retirement benefit under subsection 25(2) of the former Act before April 1, 2019.

• Marginal note:Calculation of amount

  (2) The amount payable to the survivor under subsection (1) is an amount equal to 2% of the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until their death, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account.

Marginal note:Amount paid — survivors under subsection 25(3) of former Act

• 126 (1) The Minister shall pay the amount determined in accordance with subsection (2) to

  • (a) a survivor who was at any time entitled to the earnings loss benefit under section 22 of the former Act but who, on March 31, 2019, was no longer entitled to that benefit, if that survivor has not received a supplementary retirement benefit under subsection 25(3) of that Act before April 1, 2019; or

  • (b) a survivor who, on March 31, 2019, was entitled to the earnings loss benefit under section 22 of the former Act.

• Marginal note:Calculation of amount

  (2) The amount payable to the survivor under subsection (1) is an amount equal to,

  • (a) in the case of a member’s survivor, 2% of the total amount of the earnings loss benefit that would have been payable to the survivor under section 22 of the former Act until March 31, 2019, had any amounts that were payable to the survivor from prescribed sources referred to in subsection 23(3) of that Act not been taken into account; or

  • (b) in the case of a veteran’s survivor, 2% of the sum of the following amounts:

    • (i) the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until their death, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account, and

    • (ii) the total amount of the earnings loss benefit that would have been payable to the survivor under subsection 22 of the former Act until March 31, 2019, had any amounts that were payable to the survivor from prescribed sources referred to in subsection 23(3) of that Act not been taken into account.

Marginal note:Lump sum

127 An amount that is to be paid under any of sections 124 to 126 is to be paid as a lump sum.

Marginal note:Power to require information or document

128 The Minister may, for the purposes of establishing a person’s entitlement to an amount under any of sections 124 to 126, require that person to provide the Minister with any information or document specified by the Minister.

Marginal note:Deeming

129 An amount paid or payable under any of sections 124 to 126 is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

Transitional Provisions Relating to Pain and Suffering Compensation

Marginal note:Definition of former Act

130 In sections 131 and 132, former Act means this Act as it read immediately before April 1, 2019.

Marginal note:Member or veteran who made election

• 131 (1) Section 52.1 of the former Act applies to a member or a veteran who, before April 1, 2019, made the election referred to in paragraph 52.1(1)(b) or (c) of that Act and who, on March 31, 2019, was still entitled to receive payments in accordance with that section 52.1.

• Marginal note:Member or veteran entitled to make election

  (2) If a member or a veteran to whom a disability award is to be paid under section 45, 47 or 48 of the former Act has not, before April 1, 2019, made the election referred to in subsection 52.1(1) of that Act and the prescribed time for making that election has not expired before that date, then the member or veteran may make the election under that subsection. If the member or veteran makes the election referred to in paragraph 52.1(1)(b) or (c) of that Act, section 52.1 of that Act applies to the member or veteran.

• Marginal note:Payment

  (3) The Minister may pay to the member or veteran the disability award for which the member or veteran made the election.

• Marginal note:Non-application of section 90

  (4) Section 90 does not apply in respect of the disability award paid under subsection (3) to a member or a veteran who made the election referred to in paragraph 52.1(1)(b) or (c) of the former Act.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) respecting the determination of an amount of interest for the purposes of the description of C in paragraph 52.1(1)(b) of the former Act;

  • (b) respecting the determination of lump sums for the purpose of subsections 52.1(5) and (6) of that Act; and

  • (c) prescribing any matter required or authorized by section 52.1 of that Act to be prescribed.

Marginal note:Monthly amount paid

• 132 (1) For every month that is included in the period beginning with the month of April 2019 and ending with the month in which the member or veteran dies, the Minister shall pay to a member or a veteran who was paid a disability award, and who is alive on April 1, 2019, the amount determined by the formula

  A – [(B – C)/D]

  where

  A

  is the amount set out in column 3 of Schedule 3 to this Act, as it read on April 1, 2019, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, for which the disability award was paid;

  B

  is an amount equal to the sum of the following amounts:

  • (a) the amount of the disability award that was payable to the member or veteran under subsection 52(1) of the former Act or, in the case of a member or a veteran who made the election referred to in paragraph 52.1(1)(b) or (c) of the former Act, the amount of the disability award that would have been payable to the member or veteran if the member or veteran had made the election referred to in paragraph 52.1(1)(a) of the former Act, and

  • (b) the amount paid to the member or veteran under section 100 of the Budget Implementation Act, 2016, No. 1 in respect of the disability award;

  C

  is an amount equal to the product obtained by multiplying the amount determined in accordance with paragraph (a) by the number determined in accordance with paragraph (b):

  • (a) the amount set out in column 3 of Schedule 3 to this Act, as it read on April 1, 2019, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, for which the disability award was paid,

  • (b) the number of months included in the period beginning with the month in which the disability award was paid and ending with the month of March 2019;

  D

  is a number determined in accordance with the regulations.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations respecting the determination of the number referred to in the description of D in subsection (1).

• Marginal note:Periodic adjustment

  (3) The amount determined in accordance with subsection (1) is to be periodically adjusted in the same manner as the amounts set out in column 3 of Schedule 3.

• Marginal note:Member or veteran in receipt of annual payments

  (4) The following rules apply to a member or a veteran to whom an amount is to be paid under subsection (1) in respect of a disability award:

  • (a) a member or a veteran who made an election referred to in paragraph 52.1(1)(b) or (c) of the former Act before April 1, 2019 in respect of the disability award and who, on March 31, 2019, was still entitled to receive payments in accordance with section 52.1 of the former Act is deemed to have made an election under subsection 52.1(5) of the former Act on April 1, 2019; and

  • (b) a member or a veteran referred to in subsection 131(2) is, despite that subsection, deemed to have made the election referred to in paragraph 52.1(1)(a) of the former Act.

• Marginal note:Power to require information or document

  (5) The Minister may require a member or a veteran to whom an amount is to be paid under subsection (1) to provide information or documents to the Minister.

• Marginal note:Amount deemed to be compensation

  (6) An amount paid or payable under subsection (1) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

• Marginal note:Application of subsection 88(4)

  (7) Subsection 88(4) applies to an amount paid under subsection (1).

Transitional Provisions Relating to Additional Pain and Suffering Compensation

Marginal note:Definitions

• 133 (1) The following definitions apply in this section.

  former Act

  former Act means this Act as it read immediately before April 1, 2019. (ancienne loi)

  new Act

  new Act means this Act as it reads on April 1, 2019. (nouvelle loi)

• Marginal note:Deemed entitlement to additional pain and suffering compensation

  (2) If a career impact allowance was payable to a veteran on March 31, 2019 under section 38 of the former Act, then the veteran is deemed, on April 1, 2019, to be entitled to additional pain and suffering compensation under section 56.6 of the new Act and the following rules apply in respect of the veteran:

  • (a) the physical or mental health problems in respect of which the career impact allowance was payable to the veteran are deemed to be the disabilities in respect of which the veteran is deemed to be entitled to additional pain and suffering compensation;

  • (b) the monthly amount of additional pain and suffering compensation that is payable to the veteran under section 56.6 of the new Act is determined under subsection 56.6(5) of that Act, subject to subsections (3) and (4); and

  • (c) despite subsection 56.6(6) of the new Act, additional pain and suffering compensation begins to be payable to the veteran on April 1, 2019.

• Marginal note:Extent of veteran’s permanent and severe impairment

  (3) The extent of the veteran’s permanent and severe impairment that is used to determine the amount of additional pain and suffering compensation that is payable to the veteran for the month of April 2019 is assessed in accordance with the following rules:

  • (a) a veteran to whom the maximum amount of career impact allowance was payable under section 38 of the former Act on March 31, 2019 — without taking into account the amount of any increase to the career impact allowance referred to in subsection 38(3) of that Act — is assessed as having a Grade 1 extent of permanent and severe impairment as set out in Schedule 4 to the new Act;

  • (b) a veteran to whom the minimum amount of career impact allowance was payable under section 38 of the former Act on March 31, 2019 — without taking into account the amount of any increase to the career impact allowance referred to in subsection 38(3) of that Act — is assessed as having a Grade 3 extent of permanent and severe impairment as set out in Schedule 4 to the new Act; and

  • (c) a veteran who is not referred to in paragraph (a) or (b) is assessed as having a Grade 2 extent of permanent and severe impairment as set out in Schedule 4 to the new Act.

• Marginal note:Protected amount

  (4) For every month after the month of April 2019 for which the veteran is entitled, as a result of subsection (2), to additional pain and suffering compensation under section 56.6 of the new Act, the amount of additional pain and suffering compensation that is payable to the veteran under that section is not to be less than the amount of additional pain and suffering compensation that is payable for the month of April 2019.