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

Act current to 2021-11-17 and last amended on 2020-07-27. Previous Versions

PART 4General (continued)

Designations

Marginal note:Designation by Minister

  •  (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act.

  • Marginal note:Limitation

    (2) If the Minister designates a person to make a decision under this Act, the Minister may not designate the same person to review the decision.

Definition of conditions of elevated risk

 In paragraphs 69(1)(c) and 70(1)(c), conditions of elevated risk means a level of risk higher than that normally associated with service in peacetime.

Marginal note:Special duty areas

  •  (1) The Minister of National Defence, after consulting the Minister, may by order designate an area as a special duty area if

    • (a) the area is outside Canada;

    • (b) members have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 71; and

    • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

  • Marginal note:Period of designation

    (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than January 1, 1949 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Marginal note:Special duty operations

  •  (1) The Minister of National Defence, after consulting the Minister, may by order designate as a special duty operation any operation, or any component of it, if

    • (a) the operation is of a type referred to in section 71;

    • (b) members have been deployed, or will be deployed, as part of that operation; and

    • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

  • Marginal note:Period of designation

    (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than September 11, 2001 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Marginal note:Types of operations

 For the purposes of paragraphs 69(1)(b) and 70(1)(a), the types of operations are as follows:

  • (a) an armed conflict;

  • (b) an operation authorized under the Charter of the United Nations, the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar treaty instrument;

  • (c) an international or a multinational military operation;

  • (d) an operation authorized to deal with a national emergency, as that term is defined in section 3 of the Emergencies Act, in respect of which a declaration of emergency is made under that Act;

  • (e) an operation authorized under section 273.6 or Part VI of the National Defence Act, or other similar operation authorized by the Governor in Council;

  • (f) an operation that, in the opinion of the Minister of National Defence, is a search and rescue operation;

  • (g) an operation that, in the opinion of the Minister of National Defence, is a disaster relief operation;

  • (h) an operation that, in the opinion of the Minister of National Defence, is a counter-terrorism operation; and

  • (i) an operation involving a level of risk that, in the opinion of the Minister of National Defence, is comparable to that normally associated with an operation referred to in paragraphs (a) to (e).

Marginal note:Statutory Instruments Act does not apply

 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 69 or 70.

Powers of Minister

Marginal note:Examination or assessment

 The Minister may require a person who applies for rehabilitation services or compensation under this Act to undergo a medical examination or an assessment by a person specified by the Minister.

Marginal note:Expenses

  •  (1) The Minister may pay to a person who undergoes a medical examination or an assessment at the Minister’s request a reasonable amount for their travel and living expenses incurred by reason of the medical examination or the assessment.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations respecting the payment of those expenses.

Marginal note:Fees

 A person who, at the request of the Minister, conducts a medical examination or performs an assessment for the purposes of this Act is entitled to be paid the fee that may be fixed by the Minister.

Transition to Civilian Life

Marginal note:Information and guidance

 In order to aid a member or a veteran in their transition to civilian life, the Minister may provide them with information and guidance regarding the services, assistance and compensation for which they may be eligible taking into consideration their particular circumstances.

  • 2015, c. 36, s. 218

Marginal note:Application from member before transition

 The Minister may consider an application for any services, assistance or compensation under this Act from a member, make a decision in respect of the application and conduct any required assessment even though the member may not be eligible for that service, assistance or compensation until they become a veteran.

  • 2015, c. 36, s. 218

Procedure

Marginal note:Application made to Minister

  •  (1) An application for career transition services, rehabilitation services, vocational assistance or compensation under this Act shall be made to the Minister in the form directed by the Minister and shall include any information that is required by the regulations to accompany the application.

  • Marginal note:Consideration of application

    (2) Subject to subsection (3), the Minister shall consider an application without delay after its receipt and, in considering the application, may

    • (a) investigate the facts stated in the application and any other matter related to the application; and

    • (b) collect any material and information relevant to the application.

  • Marginal note:Refusal to consider

    (3) If a time is prescribed for making an application, the Minister shall refuse to consider an application made after that time unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances.

  • 2005, c. 21, s. 76
  • 2011, c. 12, s. 15

Marginal note:Decisions shall be made expeditiously

 Any decisions of the Minister or a person designated under section 67 shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.

Marginal note:Powers under Inquiries Act

  •  (1) The Minister has all the powers of a commissioner appointed under Part I of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act.

  • Marginal note:Administering oaths, etc.

    (2) Any officer or employee of the Department of Veterans Affairs authorized by the Minister may, in the course of their employment or service, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of or incidental to the administration of this Act, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits.

  • Marginal note:Acceptance of oaths, etc.

    (3) The Minister may accept, for the purpose of the administration of this Act, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or an employee of

    • (a) a department in, or other portion of, the federal public administration specified in Schedules I, IV or V to the Financial Administration Act; or

    • (b) a department of the government of a province.

Waiver

Marginal note:Waiver of requirement for application

  •  (1) The Minister may waive the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the compensation, services or assistance if they were to apply for it.

  • Marginal note:Notice of intent

    (2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in the prescribed manner of that intention.

  • Marginal note:Accepting waiver

    (3) The person may accept to have the requirement for an application waived by notifying the Minister in the prescribed manner of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.

  • Marginal note:Date of waiver

    (4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.

  • Marginal note:Minister may require application

    (5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.

  • Marginal note:Waiver cancelled

    (6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.

  • 2017, c. 20, s. 281

Marginal note:Effect of waiver

  •  (1) If the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.

  • Marginal note:Effect of cancelling waiver

    (2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.

  • 2017, c. 20, s. 281

Inspection

Marginal note:Right to inspect records, etc.

  •  (1) Any person described in subsection (2) or (3) may, for the purpose of preparing an application under this Act or deciding whether or not to prepare an application, inspect

    • (a) the service and medical records of a member or a veteran;

    • (b) the Department of Veterans Affairs’ records relating to an application made under this Act; and

    • (c) all material relating to an application referred to in paragraph (b).

  • Marginal note:Persons who have right to inspect records, etc.

    (2) The right to inspect under subsection (1) applies to any person who is

    • (a) an applicant or a representative of the applicant;

    • (b) a qualified health professional who is consulted by the applicant or by a representative of the applicant; and

    • (c) an officer or employee of the federal public administration whose duties require the inspection of those records or that material.

  • Marginal note:Veterans’ organizations

    (3) A representative of a veterans’ organization incorporated by or under an Act of Parliament who is consulted by an applicant or by a representative of the applicant has the right to inspect for the purpose of preparing an application or deciding whether or not to prepare an application under Part 3.

Sharing of Information

Marginal note:Information that shall be made available to Minister

 Personal information held by a government institution, as defined in section 3 of the Privacy Act shall, if requested by the Minister, be made available to the Minister for the purposes of this Act.

Marginal note:Information that Minister may disclose

 Personal information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister

  • (a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain from that person or body information that the Minister requires for the administration of this Act or any other enactment administered by the Minister;

  • (b) to any officer or employee of the Department of Veterans Affairs, to the extent that the disclosure is required for the administration of this Act or any other enactment administered by the Minister;

  • (c) to any person or body, to the extent that the disclosure is required for the purpose of obtaining a payment that is due to Canada by

    • (i) the United Nations, or

    • (ii) another international organization or another country, pursuant to an international agreement;

  • (d) to the Department of Employment and Social Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan;

  • (e) to the Correctional Service of Canada, to the extent that the disclosure is required for the administration of the Corrections and Conditional Release Act; and

  • (f) to the Department of Employment and Social Development or an official of the Canada Revenue Agency, to the extent that the disclosure is required for the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19).

Marginal note:Social Insurance Number

 The Minister may, for the purpose of determining whether a person is entitled to an income replacement benefit or a Canadian Forces income support benefit under this Act,

  • (a) collect the person’s Social Insurance Number; and

  • (b) disclose that person’s Social Insurance Number to any department or agency of the Government of Canada.

 
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