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

Act current to 2020-07-15 and last amended on 2019-07-05. Previous Versions

PART 1.1Education and Training Benefit (continued)

Marginal note:Education and training completion bonus

 On application, the Minister may pay, over and above an education and training benefit, an education and training completion bonus in the prescribed amount to a veteran who receives a degree, diploma, certification or designation in respect of which they received a payment of an education and training benefit under section 5.3.

  • 2017, c. 20, s. 274

Marginal note:Other education or training

  •  (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part for fees charged by the provider of any education or training, other than education or training described in paragraph 5.3(1)(a), that is approved by the Minister.

  • Marginal note:Maximum cumulative amount

    (2) The maximum cumulative amount that may be paid to a veteran for such fees is the prescribed amount.

  • Marginal note:Request for payment

    (3) A veteran requesting payment for such fees shall provide the Minister with a description of the education or training, the amount of the fees, the name of the provider and any prescribed information.

  • Marginal note:Additional information

    (4) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (5).

  • Marginal note:Minister’s determination

    (5) On being provided with the information referred to in subsections (3) and (4), the Minister may approve the education or training and shall, if he or she gives the approval and is satisfied that the requested payment may be made to the veteran, determine

    • (a) the amount of the payment; and

    • (b) the day on which the payment is to be made.

  • Marginal note:Payment day

    (6) The day on which the payment is to be made must be no earlier than the 60th day before

    • (a) the day on which fees for the education or training are due to be paid to the provider; or

    • (b) the day on which the education or training begins, if the provider fixes no day on which the fees are due.

  • 2017, c. 20, s. 274

Marginal note:No payment to member

 For greater certainty, the Minister is not permitted to pay an education and training benefit to a person who is a member unless that person is a member of the Supplementary Reserve.

  • 2017, c. 20, s. 274
  • 2019, c. 29, s. 320

Marginal note:No payment — other services or benefit

 The Minister is not permitted to pay an education and training benefit to a veteran if they are being provided with rehabilitation services under Part 2, or are entitled to a Canadian Forces income support benefit under that Part.

  • 2017, c. 20, s. 274
  • 2018, c. 12, s. 125

Marginal note:Limitation — incarceration

 If a veteran is incarcerated in a correctional institution and is not responsible for paying their living expenses, the Minister may limit the amount of an education and training benefit payable to the veteran to the amount that is, in the Minister’s opinion, required to allow the veteran to participate in the education or training.

  • 2017, c. 20, s. 274

Marginal note:Duration of benefit

  •  (1) An education and training benefit ceases to be payable to a veteran on the day after the 10th anniversary of the later of

    • (a) the day on which the veteran was last honourably released from the regular force or from a subcomponent of the reserve force other than the Supplementary Reserve; and

    • (b) the day on which the veteran was last transferred to the Supplementary Reserve.

  • Marginal note:Exception — minimum period

    (1.1) Despite subsection (1),

    • (a) an education and training benefit is payable until at least April 1, 2028 to a veteran who is eligible for the benefit on April 1, 2018; and

    • (b) an education and training benefit is payable until at least July 5, 2029 to a veteran who is a member of the Supplementary Reserve on July 5, 2019.

  • Marginal note:Exception — release from Supplementary Reserve

    (1.2) Despite subsection (1), an education and training benefit is payable until at least the 10th anniversary of the day on which a veteran was honourably released from the Supplementary Reserve if the veteran was honourably released from the Supplementary Reserve during the period beginning on April 1, 2018 and ending on July 4, 2019.

  • Marginal note:Education or training ending after cessation

    (2) A payment of an education and training benefit that is made before the day on which the benefit ceases to be payable may be made in respect of education or training that ends on or after that day.

  • Marginal note:Exception

    (3) Despite subsection (1), the Minister may, in the prescribed circumstances, pay an education and training benefit after it would otherwise cease to be payable.

  • 2017, c. 20, s. 274
  • 2019, c. 29, s. 321

Marginal note:Limitation

 The Minister is not permitted to pay an education and training benefit to a veteran after the day on which they receive the last of the payments totalling the maximum cumulative amount to which they are entitled on that day, despite any adjustment to the maximum cumulative amount that is made under the regulations after that day.

  • 2017, c. 20, s. 274

Marginal note:Suspension or cancellation

 The Minister may, in the prescribed circumstances, suspend the payment of an education and training benefit or cancel the benefit.

  • 2017, c. 20, s. 274

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing how the length of service in the reserve force is to be determined for the purposes of paragraph 5.2(1)(a);

  • (b) respecting what constitutes honourable release for the purpose of paragraph 5.2(1)(b);

  • (c) providing for the periodic adjustment of the maximum cumulative amount referred to in subsection 5.2(2);

  • (d) defining educational institution for the purposes of paragraph 5.3(1)(a);

  • (e) prescribing the education or training that may or may not be approved by the Minister under section 5.5; and

  • (f) defining what constitutes incarceration in a correctional institution for the purposes of section 5.8.

  • 2017, c. 20, s. 274

PART 2Rehabilitation Services, Vocational Assistance and Financial Benefits

General

Marginal note:Non-application of this Part

 This Part does not apply in respect of a physical or a mental health problem that resulted primarily from

  • (a) service in the Canadian Forces on or before April 1, 1947; or

  • (b) service in the Korean War, as that term is defined in subsection 3(1) of the Pension Act.

Marginal note:Consequential injury or disease

 For the purposes of this Part, an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

  • (a) a service-related injury or disease;

  • (b) a non-service related injury or disease that was aggravated by service;

  • (c) an injury or a disease that is itself the consequence of an injury or a disease described in paragraph (a) or (b); or

  • (d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).

Rehabilitation Services and Vocational Assistance

Marginal note:Eligibility — rehabilitation need

  •  (1) The Minister may, on application, provide rehabilitation services to a veteran who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

  • Marginal note:Factors Minister may consider

    (2) For the purposes of subsections (1) and 18(1), in deciding whether a veteran has a physical or a mental health problem that is creating a barrier to re-establishment in civilian life, and whether that health problem resulted primarily from service in the Canadian Forces, the Minister may consider any factors that the Minister considers relevant, including

    • (a) medical reports or records that document the veteran’s physical or mental health problem;

    • (b) documentation that indicates the nature of the veteran’s service in the Canadian Forces;

    • (c) documentation provided by the veteran as to the circumstances of their health problem; and

    • (d) research that establishes the prevalence of specific health problems in military populations.

  • Marginal note:Presumption

    (3) For the purposes of subsections (1) and 18(1), a veteran’s physical or mental health problem is deemed to have resulted primarily from service in the Canadian Forces if, as a result of the health problem, the veteran suffers from a disability for which a disability award has been granted, pain and suffering compensation has been granted under section 45 or a pension has been granted under the Pension Act.

  • 2005, c. 21, s. 8
  • 2018, c. 12, s. 126
 
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