Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)
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Assented to 2018-06-21
PART 4Canadian Forces Members and Veterans (continued)
2005, c. 21; 2017, c. 20, s. 270Veterans Well-being Act (continued)
127 Subsection 9(1) of the Act is replaced by the following:
Marginal note:Eligibility — medical release
9 (1) The Minister may, on application, provide services related to medical rehabilitation or psycho-social rehabilitation to a veteran who has been released on medical grounds in accordance with chapter 15 of the Queen’s Regulations and Orders for the Canadian Forces if the physical or mental health problem for which the veteran was released did not result primarily from service in the Canadian Forces.
128 Section 9 of the Act is repealed.
129 (1) Subsection 10(1) of the Act is replaced by the following:
Marginal note:Assessment of needs
10 (1) The Minister shall,
(a) on approving an application made under section 8, assess the veteran’s medical rehabilitation, psycho-social rehabilitation and vocational rehabilitation needs; and
(b) on approving an application made under section 9, assess the veteran’s medical rehabilitation and psycho-social rehabilitation needs.
(2) Subsection 10(1) of the Act is replaced by the following:
Marginal note:Assessment of needs
10 (1) The Minister shall, on approving an application made under section 8, assess the veteran’s medical rehabilitation, psycho-social rehabilitation and vocational rehabilitation needs.
(3) Paragraphs 10(3)(a) and (b) of the Act are replaced by the following:
(a) in the case of a veteran for whom an application made under section 8 was approved, a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life; or
(b) in the case of a veteran for whom an application made under section 9 was approved, the physical or mental health problem for which the veteran was released.
(4) Subsection 10(3) of the Act is replaced by the following:
Marginal note:Limitation
(3) The only physical or mental health problem that may be addressed in the rehabilitation plan is a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.
(5) Subsections 10(4) and (5) of the Act are replaced by the following:
Marginal note:Considerations
(4) In developing a rehabilitation plan, the Minister shall have regard to any prescribed principles and factors and be guided by current research in the field of rehabilitation.
130 Paragraph 11(1)(a) of the Act is replaced by the following:
(a) has approved an application for rehabilitation services made by the veteran under section 8; and
131 Section 18 of the Act and the heading before it are replaced by the following:
Income Replacement Benefit
Veterans
Marginal note:Eligibility
18 (1) The Minister may, on application, pay, in accordance with section 19 or 19.1, an income replacement benefit to a veteran who makes an application under section 8 and who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.
Marginal note:Veteran’s participation
(2) Subject to subsection (9), a veteran who is informed by the Minister of their entitlement to an income replacement benefit is required
Marginal note:When benefit payable
(3) Subject to subsection (4), the income replacement benefit begins to be payable on the later of
Marginal note:Release from Canadian Forces
(4) If the determination referred to in paragraph (3)(a) is made before the day on which the veteran is released from the Canadian Forces, then the day referred to in that paragraph is the first day of the month in which the veteran is released or, if the veteran is released on the last day of the month, the first day of the month after the month in which the veteran is released.
Marginal note:Determination — diminished earning capacity
(5) If a rehabilitation plan is developed under section 10 for the physical or mental health problem referred to in subsection (1) for a veteran who is entitled to the income replacement benefit, then the Minister shall, in accordance with the regulations, determine whether the veteran has a diminished earning capacity that is due to that health problem, before the earlier of
Marginal note:Duration of benefit
(6) Subject to subsections (7) and 20(2) and section 21, the income replacement benefit ceases to be payable on the earlier of
(a) the first day of the month after the month in which the Minister determines, as a result of an assessment of the veteran’s needs under subsection 10(1), that a rehabilitation plan should not be developed for the veteran,
(b) the first day of the month after the month in which the veteran completes the rehabilitation plan referred to in subsection (5) or the rehabilitation plan is cancelled,
(c) the first day of the month after the month in which the veteran attains the age of 65 years, and
(d) the first day of the month after the month in which the veteran dies.
Marginal note:Continuation
(7) If the Minister determines under subsection (5) that the veteran has a diminished earning capacity that is due to the physical or mental health problem referred to in subsection (1), the income replacement benefit continues to be payable to the veteran even if the rehabilitation plan has been completed or cancelled or the veteran has attained the age of 65 years, but the benefit ceases to be payable on the earlier of
Marginal note:Deeming
(8) If the Minister makes the determination referred to in subsection (5) after the day on which the veteran attains the age of 65 years because the Minister was of the opinion that the reasons for delaying the determination were reasonable in the circumstances, that determination is deemed, for the purposes of subsection (7), to have been made before that day.
Marginal note:Non-application of subsection (2)
(9) Subsection (2) does not apply to a veteran if the Minister determines under subsection (5) that the veteran has a diminished earning capacity that is due to the physical or mental health problem.
Marginal note:Non-application — paragraph (7)(a)
(10) Paragraph (7)(a) does not apply to a veteran who has attained the age of 65 years.
132 (1) The portion of subsection 19(1) of the Act before the formula is replaced by the following:
Marginal note:Amount of benefit — veteran under age 65
19 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 18 to a veteran who is under the age of 65 years — or to a veteran who has attained the age of 65 years, for the month in which the veteran attained that age — shall be determined by the formula
(2) Paragraphs 19(2)(a) to (d) of the Act are replaced by the following:
(a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of veterans, including the periodic adjustment — including in accordance with a career progression factor — of the monthly military salary used in that determination;
(b) providing for a minimum amount of imputed income in respect of a class of veterans and for the periodic adjustment of that minimum amount; and
(c) respecting the determination, for the purpose of the description of B in subsection (1), of an amount payable to a class of veterans for a month.
(3) Section 19 of the Act is amended by adding the following after subsection (2):
Marginal note:Career progression factor
(3) If regulations made under paragraph (2)(a) provide for the periodic adjustment of a veteran’s monthly military salary in accordance with a career progression factor, that periodic adjustment may only be applied if the Minister determines under subsection 18(5) that the veteran has a diminished earning capacity, and it shall not be applied after the earlier of
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