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Veterans Treatment Regulations (C.R.C., c. 1585)

Regulations are current to 2023-01-25

Veterans Treatment Regulations

C.R.C., c. 1585

DEPARTMENT OF VETERANS AFFAIRS ACT

Regulations Respecting the Examination, Treatment and Care of Veterans and other Qualified Persons

Short Title

 These Regulations may be cited as the Veterans Treatment Regulations.

Interpretation

  •  (1) In these Regulations,

    child

    child[Revoked, SOR/90-595, s. 1]

    Commission

    Commission[Revoked, SOR/90-595, s. 1]

    commuted pension

    commuted pension[Revoked, SOR/90-595, s. 1]

    contract hospital

    contract hospital[Revoked, SOR/90-595, s. 1]

    Department

    Department[Revoked, SOR/90-595, s. 1]

    departmental hospital

    departmental hospital[Revoked, SOR/90-595, s. 1]

    dependant

    dependant means any of the following persons who is living with or being wholly or partially maintained by a veteran or qualified person at the time that examination, treatment or care of that veteran or person commenced under these Regulations:

    • (a) a person in respect of whom an additional pension is, pursuant to a decision of the Commission, being paid or would be paid if a pension were being paid,

    • (b) a spouse,

    • (c) a child,

    • (d) a person who is competent to assume and has assumed the duties of the household and the care of a dependent child of that veteran or qualified person, where

      • (i) the spouse of that veteran or qualified person is deceased or the marriage has been dissolved,

      • (ii) the child is under the age of 21 years and is being maintained in the household of that veteran or qualified person, and

      • (iii) an additional pension has not been refused by the Commission for that person, or

    • (e) a parent of that veteran or qualified person, or a person who is acting in the place of the parent, who is without earning capacity or income sufficient to provide for his own maintenance and for whom an additional pension has not been refused by the Commission; (personne à charge)

    entitlement

    entitlement[Revoked, SOR/90-595, s. 1]

    honourably discharged

    honourably discharged[Revoked, SOR/90-595, s. 1]

    Minister

    Minister[Revoked, SOR/90-595, s. 1]

    overseas service

    overseas service[Revoked, SOR/90-595, s. 1]

    pension

    pension[Revoked, SOR/90-595, s. 1]

    qualified person

    qualified person means a person other than a veteran to whom examination, treatment or care may be given under these Regulations; (personne admissible)

    service disability

    service disability[Revoked, SOR/90-595, s. 1]

    special force

    special force[Revoked, SOR/90-595, s. 1]

    treatment

    treatment[Revoked, SOR/90-595, s. 1]

    veteran

    veteran means any person who

    • (a) served during World War I in any of the naval, army or air forces of Canada or Newfoundland,

    • (b) served during World War II on active service in any of the naval, army or air forces of Canada or Newfoundland, or

    • (c) on or after July 5, 1950,

      • (i) was enrolled for the purpose of serving in the special force and has been discharged from that force or from the regular forces,

      • (ii) was an officer or man of the reserve forces who had been on service in a theatre of operations on the strength of the special force and whose service with the regular forces has been terminated, or

      • (iii) was a member of the regular forces who had been on service on the strength of the special force before July 27, 1953, in a theatre of operations and has been discharged from the regular forces. (ancien combattant)

    Western Hemisphere

    Western Hemisphere[Revoked, SOR/90-595, s. 1]

    World War I

    World War I[Revoked, SOR/90-595, s. 1]

    World War II

    World War II[Revoked, SOR/90-595, s. 1]

  • (2) [Revoked, SOR/90-595, s. 1]

  • (3) For the purposes of these Regulations, where a veteran or qualified person establishes that he has been residing with and publicly representing a person of the opposite sex as his spouse for a period of not less than

    • (a) three years, where they are prohibited from marrying by reason of a previous marriage of one of them, or

    • (b) one year, where neither is so prohibited from marrying,

    that person may be regarded as the spouse of the veteran or qualified person.

  • SOR/78-636, s. 1
  • SOR/81-548, s. 1
  • SOR/87-522, s. 1
  • SOR/88-132, s. 1
  • SOR/90-595, s. 1

General

[
  • SOR/90-595, s. 2
]

 [Revoked, SOR/90-595, s. 2]

 [Revoked, SOR/84-710, s. 2]

 [Revoked, SOR/90-595, s. 2]

  •  (1) The Minister may authorize the payment of interest at the rate fixed from time to time by the Minister of Finance with the approval of the Governor in Council on

    • (a) moneys received by the Department and paid into a trust fund, or

    • (b) amounts of allowances or other moneys payable out of an appropriation by Parliament or paid into a trust fund from an appropriation by Parliament,

    in respect of a veteran or qualified person and held pursuant to these Regulations for a period of not less than three months.

  • (2) Interest shall not be paid on any moneys that are held by the Department due to the failure of a veteran or qualified person to claim the amount due to him or to notify the Department of his address except where that veteran or qualified person is physically or mentally incapable of so doing.

 Where on the death of a veteran or qualified person his account shows a credit resulting from an award made pursuant to these Regulations or any other Regulations respecting treatment of a veteran made prior to enactment of these Regulations, the amount of that credit shall not form part of his estate but may, where the Deputy Minister so orders, be paid in whole or in part

  • (a) to or on behalf of a dependant of that veteran or qualified person;

  • (b) to a person who maintained that veteran or qualified person or has been maintained by that veteran or qualified person; or

  • (c) towards the expenses of the last sickness and the funeral and burial of that veteran or qualified person, where such expenses have not been paid in full from public funds.

  • SOR/81-548, s. 9(F)

 [Revoked, SOR/90-595, s. 3]

 [Revoked, SOR/84-710, s. 7]

 [Revoked, SOR/90-595, s. 3]

 
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