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

Act current to 2022-09-11 and last amended on 2020-07-27. Previous Versions

PART 4General (continued)

Review

Marginal note:Review of decision under Part 1, 1.1, 2 or 3.1

 Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision made under Part 1, 1.1, 2 or 3.1 or under this section.

  • 2005, c. 21, s. 83
  • 2015, c. 36, s. 220
  • 2017, c. 20, s. 282

Marginal note:Review of decisions under Part 3

 The Minister may, on the Minister’s own motion, review a decision under Part 3 and may either confirm the decision or amend or rescind it if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or may do so, on application, if new evidence is presented to the Minister.

Marginal note:Review by Board

 An applicant who is dissatisfied with a decision made by the Minister under Part 3 or under section 84 may apply to the Board for a review of the decision.

Marginal note:Permission of Board required

 The Minister may not consider an application made under Part 3 or under section 84 that has already been the subject of a determination by the Board unless

  • (a) the applicant has obtained the permission of the Board; or

  • (b) the Board has referred the application to the Minister for reconsideration.

Marginal note:Representation of applicant

 In all proceedings under section 84 or 85, an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.

Payments

Marginal note:Amount paid to survivor

  •  (1) Any amount that is payable under this Act to a person who dies before receiving it, is to be paid to their survivor.

  • Marginal note:Amount paid to estate or succession

    (2) However, the amount is to be paid to the person’s estate or succession if they have no survivor or their survivor dies before receiving the amount.

  • Marginal note:Definition of survivor

    (3) For the purposes of subsections (1) and (2), survivor, in relation to a deceased person, means

    • (a) their spouse who was, at the time of the person’s death, residing with them; or

    • (b) the person who was, at the time of the person’s death, cohabiting with them in a conjugal relationship and had done so for a period of at least one year.

  • 2017, c. 20, s. 283

Overpayments

Marginal note:Definition of overpayment

  •  (1) In this section, overpayment means any compensation, or a part of it, that was paid to a person or their estate or succession and to which the person or the estate or succession had no entitlement.

  • Marginal note:Recovery of overpayment

    (2) If, through any cause, an overpayment is paid to a person or their estate or succession, the overpayment is a debt due to Her Majesty by the person or by their estate or succession, and may be recovered

    • (a) by deduction from any future payments made under this Act to the person or their estate or succession;

    • (b) in accordance with section 155 of the Financial Administration Act; or

    • (c) by proceedings in any court of competent jurisdiction.

  • Marginal note:Remission of overpayment

    (3) If a person or their estate or succession has received or obtained an overpayment, the Minister may, unless that person or the executor of the estate or the liquidator of the succession has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment if the Minister is satisfied that

    • (a) the overpayment cannot be recovered within the reasonably foreseeable future;

    • (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered;

    • (c) the repayment of the overpayment would cause undue hardship to the person or a beneficiary; or

    • (d) the overpayment is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration.

  • Marginal note:Erroneous payments

    (4) Despite anything in this Act, the Minister may continue the payment of an education and training benefit, an income replacement benefit, a Canadian Forces income support benefit, pain and suffering compensation, additional pain and suffering compensation, a clothing allowance or a caregiver recognition benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

    • (a) the amount paid to the person to which the person was not entitled is the result of an administrative error, a delay or an oversight on the part of an officer or employee of the federal public administration and has been remitted under paragraph (3)(d);

    • (b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister;

    • (c) the cancellation or reduction of the benefit, allowance, pain and suffering compensation or additional pain and suffering compensation would, in the opinion of the Minister, cause undue hardship to the person; and

    • (d) the benefit, allowance, pain and suffering compensation or additional pain and suffering compensation has been paid to the person for five years or more or, in the case of an education and training benefit, for three years or more.

  • Marginal note:Recovery of overpayments

    (5) If a person retains any amount of a member’s or a veteran’s compensation paid after the member’s or veteran’s death and to which the member or veteran was not entitled, that amount may be deducted from any compensation paid to that person.

  • 2005, c. 21, s. 88
  • 2015, c. 36, s. 221
  • 2016, c. 7, s. 97
  • 2017, c. 20, s. 284
  • 2018, c. 12, s. 150

Miscellaneous

Marginal note:Not to be assigned or charged

  •  (1) No compensation payable under this Act shall be assigned, charged, attached, anticipated, commuted or given as security.

  • Marginal note:Exemption from seizure and execution

    (2) Compensation payable under this Act is exempt from seizure and execution, either at law or in equity.

Marginal note:Interest

 No interest shall be paid in respect of any compensation that is payable under this Act.

Marginal note:Immunity

 No action or other proceeding lies against any person by reason of anything done or said in good faith in any proceedings before the Minister or in any report of any medical examination or any assessment made for the purposes of this Act by any officer or employee of the Department of Veterans Affairs or by any other person at the request of the Minister.

Definition of action

  •  (1) In this section, action means any action or other proceeding brought by or on behalf of a member, a veteran, a member’s or a veteran’s survivor, a member’s or a veteran’s orphan or a person who was, at the time of the member’s or veteran’s death, a dependent child, against Her Majesty in which damages are claimed in respect of any injury, death, damage or loss for which compensation may be claimed under this Act.

  • Marginal note:Stay of action against Crown until compensation refused

    (2) An action that is not barred by virtue of section 9 of the Crown Liability and Proceedings Act shall, on application, be stayed until an application for compensation has been made under this Act, in respect of the same injury, death, damage or loss in respect of which the claim has been made, and pursued in good faith by or on behalf of the person by whom, or on whose behalf, the action was brought, and,

    • (a) in the case of an application that may be made under Part 2, a final decision to the effect that no compensation may be paid has been made under section 83 in respect of the application; and

    • (b) in the case of an application that may be made under Part 3, a decision to the effect that no compensation may be paid to or in respect of that person in respect of the same injury, death, damage or loss has been affirmed by an appeal panel of the Board in accordance with the Veterans Review and Appeal Board Act.

Marginal note:Certificates as evidence

  •  (1) In any trial, prosecution or other proceeding, a certificate purporting to be signed by the Minister and setting out the amount of any compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of any day is evidence of the amount of the compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of that day without proof of the signature or official character of any person appearing to have signed the certificate and without further proof of the certificate.

  • Marginal note:Documents as evidence

    (2) In any trial, prosecution or other proceeding, a document purporting to be an adjudication of the Minister or the Board is evidence of the facts stated in the document without proof of the signature or official character of any person appearing to have signed the document and without further proof of the document.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) respecting the time and manner of making an application for career transition services, rehabilitation services, vocational assistance or compensation under this Act, and respecting the information that is required to accompany the application;

  • (a.1) respecting what constitutes a barrier to re-establishment in civilian life;

  • (b) respecting the time and manner of payment of compensation under this Act;

  • (c) providing for the periodic adjustment of the amounts set out in Schedules 1 to 4;

  • (d) providing for the payment or the reimbursement of fees for financial advice;

  • (e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, an education and training benefit, an education and training completion bonus, rehabilitation services, vocational assistance, an income replacement benefit, a Canadian Forces income support benefit, pain and suffering compensation, additional pain and suffering compensation or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit, bonus, allowance, pain and suffering compensation or additional pain and suffering compensation until the information, declaration or document is provided;

  • (e.1) respecting the provision of any information, declaration or document to the Minister by any veteran who applies for a caregiver recognition benefit under subsection 65.1(1) or by the person designated in the application, and authorizing the Minister to suspend payment of the benefit until the information, declaration or document is provided;

  • (f) respecting the procedure to be followed by the Minister in suspending or cancelling career transition services, rehabilitation services, vocational assistance or payment of compensation;

  • (g) providing for a review of any decisions made under Part 1, 1.1, 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews;

  • (h) respecting the time and manner of making an application for a review under sections 83 and 84;

  • (i) respecting the processes and procedures to be followed by the Minister in making decisions under this Act;

  • (i.1) [Repealed, 2018, c. 12, s. 152]

  • (i.2) [Repealed, 2018, c. 12, s. 152]

  • (j) prescribing any matter required or authorized by this Act to be prescribed;

  • (j.1) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and

  • (k) generally, for carrying out the purposes and provisions of this Act.

  • 2005, c. 21, s. 94
  • 2011, c. 12, s. 17
  • 2015, c. 36, s. 222
  • 2016, c. 7, s. 97
  • 2017, c. 20, s. 285
  • 2018, c. 12, s. 152

Marginal note:Transitional provisions — April 1, 2017

 The Governor in Council may make regulations

  • (a) respecting the provision of information or documents to the Minister by a person who may be entitled to an amount under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1; and

  • (b) providing for the reimbursement of fees for financial advice obtained by a person in relation to an amount that is paid or payable to them under any of sections 100 to 103 of that Act.

  • 2016, c. 7, s. 90

Marginal note:Retroactive application of regulations

 Regulations made in respect of the caregiver recognition benefit under sections 65.4 and 94 may, if they so provide, be retroactive.

PART 5Transitional Provisions

Limitation

Marginal note:Limitation

 Sections 12, 22, 29 to 31 and 57 do not apply in respect of a member’s or veteran’s survivor or orphan, or a person who was, at the time of the member’s death, a dependent child, if the member’s or veteran’s death occurred before the coming into force of this section.

Special Duty Areas and Special Duty Operations

Marginal note:Effect of Special Duty Area Pension Order

 The Special Duty Area Pension Order continued by subsection 5(1) of An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act, chapter 12 of the Statutes of Canada, 2003, has effect as if it were made under section 69.

Marginal note:Effect of designations under Pension Act

 The designations made under section 91.2 or 91.3 of the Pension Act, as those sections read immediately before the coming into force of sections 69 and 70 of this Act, have effect as if they were made under section 69 or 70 of this Act, respectively.

Transitional Provisions Relating to Income Replacement Benefit

Definitions

Marginal note:Definitions

 The following definitions apply in this section and in sections 99 to 129.

Consumer Price Index

Consumer Price Index means the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada. (indice des prix à la consommation)

former Act

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

indexed

indexed means adjusted annually on January 1 in accordance with the annual percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year. (indexé)

new Act

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

 
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