Pensioners Training Regulations (C.R.C., c. 1581)

• 12 (1) Where an accident happens to a pensioner in the course of his training under such circumstances as entitle him or his dependants to an action against some person other than Her Majesty, the pensioner or his dependants, if entitled to compensation under these Regulations, may claim compensation or may claim against such other person.

• (2) Where a claim is made against a person other than Her Majesty and less is recovered and collected, either upon a settlement approved by the Minister or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the pensioner or his dependants are entitled under these Regulations, the difference between the amount so recovered and collected and the amount of such compensation shall be paid as compensation to the pensioner or dependants.

• 13 (1) If the pensioner or his dependants elect to claim compensation under these Regulations, Her Majesty shall be subrogated to the rights of the pensioner or his dependants and may maintain an action in his or other names or in the name of Her Majesty against the person against whom the action lies and any sum recovered shall be paid into the Consolidated Revenue Fund.

• (2) Where an action is brought under subsection (1) and the amount recovered and collected exceeds the amount of compensation to which the pensioner or his dependants are entitled under these Regulations, there may be paid to the pensioner or his dependants such portion of the excess as the Minister with the approval of the Treasury Board deems necessary, but if after such payment has been made the pensioner becomes entitled to an additional amount of compensation in respect of the same accident, the sum paid under this subsection may be deducted from such additional compensation.

• (3) The parent, tutor or guardian of an infant dependant may make an election under this section for such dependant.

• (4) Notice of the election shall be given within three months after the happening of the accident or, in case it results in death, within three months after the death, or within such longer period either before or after the expiration of such three months as may be allowed by the board, officers or authority having power to determine the right to and the amount of the compensation under these Regulations.

14 No pensioner or dependant of a deceased pensioner shall have a claim against Her Majesty or any officer, servant or agent of Her Majesty, except for compensation under these Regulations in any case where an accident happens to such pensioner in the course of his training under such circumstances as entitle him or his dependants to compensation under these Regulations.

General

15 Notwithstanding anything in these Regulations, the Minister may refuse or discontinue training of a pensioner if, in the Minister’s opinion, the course of training would not result in reasonable re-establishment of a pensioner or if a pensioner is not making satisfactory progress in the training program.

16 Any benefit received by a veteran under these Regulations shall not affect, nor be affected by, any other benefit that he is entitled to receive as a veteran.

• 17 (1) An allowance payable pursuant to section 5 or 9 of these Regulations shall be adjusted quarterly in the manner set out in subsection 19(1) of the War Veterans Allowance Act.

• (2) Notwithstanding anything in subsection (1), an allowance payable pursuant to section 5 or 9 of these Regulations for any month in a calendar year shall not be less than the amount payable for any month in the immediately preceding calendar year.