Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)

PART 4Canadian Forces Members and Veterans

R.S., c. P-6Pension Act

120 Subsection 35(1.2) of the Pension Act is replaced by the following:

• 121 (1) The portion of subsection 72(1) of the Act before subparagraph (a)(i) is replaced by the following:

  Marginal note:Amount of allowance

  • 72 (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III if

    • (a) the member of the forces is in receipt of

• (2) The portion of subparagraph 72(1)(a)(ii) of the Act before clause (A) is replaced by the following:

  • (ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I as well as compensation paid under this Act or a disability award or pain and suffering compensation paid under the Veterans Well-being Act, if the aggregate of the following percentages is equal to or greater than 98%:

• (3) Subparagraph 72(1)(a)(ii) of the Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (C):

  • (D) the extent of the disability in respect of which the pain and suffering compensation is paid;

• (4) Paragraph 72(1)(b) of the Act is replaced by the following:

  • (b) the member of the forces is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension or a disability award or pain and suffering compensation under that Act;

  • (c) the member of the forces is not in receipt of additional pain and suffering compensation under that Act; and

  • (d) the Minister determines that the member of the forces is not entitled to additional pain and suffering compensation under that Act.

• (5) Subsections 72(1.1) and (2) of the Act are replaced by the following:

  • Marginal note:Deeming

    (1.1) The Minister’s determination under paragraph (1)(d) of whether a member of the forces is entitled to additional pain and suffering compensation is deemed to be a determination made under section 56.6 of the Veterans Well-being Act. If the Minister determines that the member is entitled to additional pain and suffering compensation, the member’s application for an exceptional incapacity allowance is deemed to be an application for additional pain and suffering compensation made under that section.

  • Marginal note:For greater certainty

    (1.2) For greater certainty, a member of the forces who is not released from the Canadian Forces is not entitled to additional pain and suffering compensation for the purposes of paragraph (1)(d).

  • Marginal note:Determination of exceptional incapacity

    (2) Without restricting the generality of paragraph (1)(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension or a disability award or pain and suffering compensation under the Veterans Well-being Act has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the member’s life expectancy.

122 The Act is amended by adding the following after section 80:

2005, c. 21; 2017, c. 20, s. 270Veterans Well-being Act

• 123 (1) The definitions compensation and rehabilitation services in subsection 2(1) of the Veterans Well-being Act are replaced by the following:

  compensation

  compensation means any of the following benefits under this Act, namely, an education and training benefit, an education and training completion bonus, an income replacement benefit, a Canadian Forces income support benefit, a critical injury benefit, a disability award, pain and suffering compensation, additional pain and suffering compensation, a death benefit, a clothing allowance, a detention benefit or a caregiver recognition benefit. (indemnisation)

  rehabilitation services

  rehabilitation services means all services related to the medical rehabilitation, psycho-social rehabilitation or vocational rehabilitation of a person. (services de réadaptation)

• (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  disability award

  disability award means a disability award paid under section 45, 47 or 48 of this Act as it read immediately before April 1, 2019. (indemnité d’invalidité)

124 Paragraph 3(3)(c) of the Act is replaced by the following:

125 Section 5.7 of the Act is replaced by the following:

• 126 (1) The portion of subsection 8(2) of the Act before paragraph (a) is replaced by the following:

  • 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

• (2) Subsection 8(3) of the Act is replaced by the following:

  • 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.