Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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 Additional Pain and Suffering Compensation

Marginal note:Definitions

  •  (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.

  • 2018, c. 12, s. 157
 
Date modified: