Canadian Forces Members and Veterans Re-establishment and Compensation Act (S.C. 2005, c. 21)

Marginal note:Types of operations

71. 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

72. 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

73. 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

• 74. (1) The Minister may pay to a person who undergoes the medical examination or the assessment 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

75. 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.

Procedure

Marginal note:Application made to Minister

• 76. (1) An application for job placement assistance 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.

Marginal note:Decisions shall be made expeditiously

77. 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

• 78. (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.

Inspection

Marginal note:Right to inspect records, etc.

• 79. (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

80. 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

81. 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 Human Resources Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan; and

• (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.

Marginal note:Social Insurance Number

82. The Minister may, for the purpose of determining whether a person has a right to receive an earnings loss 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.

Review

Marginal note:Review of decisions under Part 2

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

Marginal note:Review of decisions under Part 3

84. 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

85. 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

86. 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

87. 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.