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

Act current to 2020-06-17 and last amended on 2019-07-05. Previous Versions

PART 5Transitional Provisions (continued)

Transitional Provisions Relating to Income Replacement Benefit (continued)

Supplementary Retirement Benefit (continued)

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

  •  (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.

  • 2018, c. 12, s. 157

Marginal note:Lump sum

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

  • 2018, c. 12, s. 157

Marginal note:Power to require information or document

 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.

  • 2018, c. 12, s. 157

Marginal note:Deeming

 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).

  • 2018, c. 12, s. 157

Transitional Provisions Relating to Pain and Suffering Compensation

Marginal note:Definition of former Act

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

  • 2018, c. 12, s. 157

Marginal note:Member or veteran who made election

  •  (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.

  • 2018, c. 12, s. 157

Marginal note:Monthly amount paid

  •  (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).

  • 2018, c. 12, s. 157
 
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