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Department of Veterans Affairs Act

Version of section 5 from 2002-12-31 to 2003-06-16:


Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) for the control and management of any hospital, workshop, home, school or other institution, owned, acquired or used by Her Majesty for the care, treatment or training of persons who served with the Canadian Forces, the naval, army or air forces of Her Majesty or any of Her Majesty’s allies, and of the persons entitled to care, treatment or training therein, or who receive any benefit administered by the Minister;

  • (b) respecting the care, treatment or training to be furnished in any hospital, workshop, home, school or elsewhere and providing for the care, treatment or training therein of persons entitled thereto, under any statute or order of the Governor in Council administered by the Minister;

  • (c) for the marking or stamping of artificial limbs or appliances issued from the Department, and to prevent the removal or defacement of the stamps or marks or the use of any counterfeit of the stamps or marks, and to prevent the purchase, sale or other disposal or possession of the artificial limbs or appliances without the authority of the Minister; to forbid any false statement, suggestion or representation with respect to any artificial limbs, appliances or other goods manufactured in or for or issued from the Department;

  • (d) for the receipt and retention of any properties or moneys held or payable by the Crown or any other authority, person or persons on behalf of any persons or their dependants whenever such persons are being or have been cared for under the provisions of this Act, either by medical treatment, training or otherwise, and for giving therefor a valid receipt, and in the case of insane persons who are being or have been so cared for under this Act, the assumption or authorization of guardianship in whole or in part in respect of such properties or moneys, and for the disposal of such properties or moneys to such persons or their dependants, or as may be deemed expedient or the disposal thereof to the estates of such persons if deceased;

  • (e) for prescribing the payments, grants or allowances, if any, to be made to persons or their dependants whenever such persons are being cared for under the provisions of this Act, either by medical treatment, training or otherwise;

  • (e.1) respecting occasional financial assistance to be given to persons and their dependants and survivors to meet emergencies or unexpected financial contingencies or to relieve financial distress;

  • (f) with respect to reciprocal or other arrangements with the government of any country for

    • (i) the care, treatment and training of persons who have served in the naval, army or air forces of any such government when cared for under the provisions of this Act, either by medical treatment, training or otherwise, or of their dependants,

    • (ii) the issue of payments, grants or allowances to the persons mentioned in subparagraph (i),

    • (iii) the assumption or authorization of guardianship in respect of properties or moneys of the persons mentioned in subparagraph (i) or of any persons who may be the beneficiaries of any of the said governments and the dependants of such persons, and

    • (iv) the disposal of the properties or moneys contemplated in subparagraph (iii) to the persons therein mentioned or to the estates of those persons if deceased;

  • (g) subject to such appropriations as Parliament may provide, for furnishing former members of the Canadian Forces, the naval, army or air forces of Her Majesty or any of Her Majesty’s allies with the following services, advantages and financial aid:

    • (i) sheltered employment, including after-care of the tuberculous,

    • (ii) free transportation in Canada in the case of former members pensioned for total blindness or for a disability necessitating an escort when travelling,

    • (iii) [Repealed, 1990, c. 43, s. 1]

    • (iv) the treatment of former members classified as wholly incurable or chronically recurrent cases needing institutional care,

    • (v) measures of unemployment relief to both former members and their dependants, and

    • (vi) compensation in respect of industrial accidents;

  • (g.1) for providing, maintaining and replacing gravemarkers and for providing financial assistance towards the expenses of last sickness, funeral, burial and cremation, in respect of a person, in cases where

    • (i) the death of the person was caused wholly or in part by a disability in respect of which an award was payable under the Pension Act or under any enactment incorporating that Act by reference,

    • (ii) the person was, at the time of death, in receipt of care or treatment in respect of a disability described in subparagraph (i),

    • (iii) there are insufficient funds, as determined under the regulations, for the person’s funeral, burial or cremation, or

    • (iv) another department or agency of the Government of Canada, or the government of another country, requests the Department to provide any gravemarker, service or assistance referred to in this paragraph and agrees in writing to reimburse the Department for the cost;

  • (g.2) for determining what constitutes insufficient funds for the purposes of subparagraph (g.1)(iii);

  • (g.3) respecting procedures and terms and conditions relating to the provision of any gravemarker, service or assistance referred to in paragraph (g.1);

  • (g.4) establishing standards relating to any gravemarker, service or assistance referred to in paragraph (g.1);

  • (g.5) authorizing the Minister to establish, subject to any regulation made under paragraph (g.4), standards relating to any gravemarker, service or assistance referred to in paragraph (g.1);

  • (g.6) providing for the Minister to enter into agreements with any body under which that body undertakes to administer the provision of any or all gravemarkers, services or assistance referred to in paragraph (g.1);

  • (g.7) respecting matters that must be included in agreements referred to in paragraph (g.6);

  • (h) respecting

    • (i) the provision of benefits, similar to those provided under regulations made under paragraphs (b) to (g.7) or to those provided under Acts and orders referred to in paragraph 4(a), to persons who were employees or agents of the Government of Canada during World War II as that war is defined in subsection 3(1) of the Pension Act, and to their dependants and survivors, and

    • (ii) the application of any of the provisions of the Acts and orders referred to in paragraph 4(a) to those benefits, persons, dependants and survivors; and

  • (i) [Repealed, 2000, c. 34, s. 13]

  • (j) for the purpose of carrying out the provisions of this Act with respect to any matter placed under the control and management of the Minister.

  • (2) and (3) [Repealed, 1990, c. 43, s. 1]

  • R.S., 1985, c. V-1, s. 5
  • 1990, c. 43, s. 1
  • 1999, c. 10, s. 37
  • 2000, c. 34, s. 13
  • 2001, c. 4, s. 126

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