Veterans Burial Regulations (SOR/2005-200)

Determination of Insufficiency of Funds

• 4 (1) A determination in respect of an insufficiency of funds to meet costs, for the purpose of the provision of financial assistance, must be made by the Corporation as follows:

  • (a) if the deceased person has a survivor or a dependent child, the following amounts are deducted from the sum of the net assets of the survivor and the net assets of the succession, namely,

    • (i) $35,279 for the survivor or, if there is no survivor, for the dependent child,

    • (ii) $700 for each additional dependent child,

    • (iii) the aggregate of the amounts under paragraphs 3(2)(a) minus any amount already paid for the costs set out in subsection 3(1), if these amounts have not already been considered in the determination of the net assets of the succession,

    • (iv) if a gravemarker is not provided under section 5,

      • (A) the lesser of the actual cost of a gravemarker and the value of the gravemarker that would have been provided under that section minus the amount already paid for the gravemarker, if this amount has not already been considered in the determination of the net assets of the succession, and

      • (B) a reasonable amount for the perpetual care of the gravemarker, if this amount has not already been considered in the determination of the net assets of the succession,

    • (v) an amount equal to the person’s monthly income before their death,

    • (vi) if applicable, an amount equal to the market value of a motor vehicle that is ordinarily used by the deceased person’s family as a mode of transportation and that is chosen by the person making the application for financial assistance,

    • (vii) if applicable, an amount equal to the market value of the residence where the deceased person’s family lives, as chosen by the person making the application for financial assistance, and

    • (viii) an amount equal to the market value of the household effects of the deceased person’s family; and

  • (b) if the deceased person does not have a survivor or dependent children, the deductible amounts described in paragraph (a) do not apply, and the net assets of the succession as a whole are to be taken into consideration.

• (2) If the amount determined under paragraph (1)(a) or (b) is nil or negative, there is an insufficiency of funds.

• (3) The amount set out in subparagraph 4(1)(a)(i) is to be adjusted on January 1 of each year in accordance with the percentage increase to the Consumer Price Index for the year ending on September 30 of the previous year.

• (4) The Consumer Price Index is the average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada.

Gravemarkers

• 5 (1) If neither a foreign government, nor the Commonwealth War Graves Commission nor any other agency provides a gravemarker, a gravemarker must, subject to subsection (2), be provided and installed for the following persons:

  • (a) in Canada or elsewhere, if there is an insufficiency of funds, as determined under section 4, on application, a person described in any of subparagraphs 2(a)(i) or (iv) to (vi);

  • (b) in Canada, if there is an insufficiency of funds, as determined under section 4, on application, a person described in subparagraph 2(a)(ii) or (iii); and

  • (c) in Canada or elsewhere, a person described in paragraph 2(b).

• (2) The provision of a gravemarker under these Regulations is subject to the condition that the gravemarker must not be altered or replaced without the prior consent of the Minister.

• 6 (1) Gravemarkers provided under these Regulations and their inscription must meet the standards specified by the Minister and are to be provided only when acceptable to the applicable cemetery authority and the applicant receiving financial assistance.

• (2) A bronze gravemarker that meets the standards specified by the Minister may be provided only if required by the applicable cemetery authority.

Standards

7 The Minister may specify standards for the size and any other characteristics of caskets and gravemarkers provided under these Regulations.

PART 2Administration

Applications

• 8 (1) Any person may apply for a gravemarker and for financial assistance for last sickness, funeral, burial and cremation costs on behalf of a deceased person.

• (2) No financial assistance is payable unless an application for it is made within one year after the date that the remains of the deceased person become available for interment.

• (3) If an application for financial assistance is received but cannot be acted on as a result of a pending decision as to whether the person is entitled to a disability award or entitled to pain and suffering compensation or as to whether a pension may be awarded under paragraph 21(1)(b) or (2)(b) of the Pension Act, the application is suspended until a decision has been rendered.

• (4) If a person is determined to be entitled to a disability award or entitled to pain and suffering compensation or a decision is made to award a pension under paragraph 21(1)(b) or (2)(b) of the Pension Act, the application for financial assistance must be acted on as if the initial decision with respect to eligibility under subparagraph 2(b)(i), (ii) or (vi) had been favourable.

• (5) If more than one person applies for financial assistance in respect of the same death, the order of priority for an application, to the exclusion of all others, is as follows:

  • (a) the liquidator of the succession of the deceased;

  • (b) the survivor of the deceased;

  • (c) the person who is best able to ensure the burial; and

  • (d) the person who lives closest to the place of burial of the deceased.

Agreement with the Last Post Fund

• 9 (1) For the purpose of facilitating the provision of financial assistance and gravemarkers under Part 1, as well as the administration of these Regulations, the Minister may enter into an agreement with the Corporation by which

  • (a) the Corporation determines the eligibility for and provides, on behalf of the Government of Canada, that assistance and gravemarkers in accordance with these Regulations; and

  • (b) the Minister reimburses the Corporation for any costs incurred under paragraph (a), by Parliamentary appropriation.

• (2) An agreement must address

  • (a) the requirements for an application for financial assistance and gravemarkers under Part 1 and the procedure by which the application may be received by the Corporation, including any declarations and undertakings that the Corporation may require the applicant to make;

  • (b) the regular channels of communication to be used between the Corporation and the Department;

  • (c) the procedure to be followed for obtaining or verifying, from the records of the Department, relevant information concerning a person’s eligibility for financial assistance and gravemarkers under Part 1 or any other information necessary for the administration of these Regulations;

  • (d) the procedures to be followed by the Corporation when making determinations concerning a person’s eligibility under paragraph 2(a), including

    • (i) the identification of the representatives of the Corporation duly authorized to render those determinations,

    • (ii) the provision of any determination to the applicant, and

    • (iii) the provision of a notice to the applicant respecting any internal appeal process established by the Corporation;

  • (e) the procedures to be followed by the Corporation in respect of applications under paragraph 2(b), including

    • (i) referrals to the Department,

    • (ii) the provision of any determination to the applicant, and

    • (iii) the provision to the applicant of any review of a determination;

  • (f) the documentation and records to be kept by the Corporation in respect of applications, and the transfer of those documents and records to the Department;

  • (g) the determination and reimbursement to be made of the Corporation’s administrative and operating expenses by Parliamentary appropriation;

  • (h) the financial procedures to be used for reimbursing the Corporation, including

    • (i) the determination of the amounts and frequency of reimbursements to the Corporation, including refunds for expenditures made in a previous fiscal year,

    • (ii) the statistical and accounting information on which the reimbursements are to be based and the manner, form and frequency with which the Corporation must report that information,

    • (iii) the manner in which deductions may be made from reimbursements to the Corporation in respect of overpayments of financial assistance that are being recovered by the Corporation,

    • (iv) the conditions and manner in which reimbursements to the Corporation may be made in advance, and

    • (v) the standards by which the estimates and the budget of the Corporation must be prepared and its accounts must be kept;

  • (i) the business plans, operating budgets, capital budgets and performance reports to be submitted by the Corporation to the Minister;

  • (j) the audit of the Corporation’s accounts, the access that auditors and evaluators may have to the Corporation’s records relating to its functions under the agreement and the evaluation of the Corporation’s performance in light of the agreement;

  • (k) the safeguarding of any personal information as defined in the Privacy Act that may be collected by the Department or the Corporation for the purposes of these Regulations;

  • (l) the exercise by the Corporation of the rights or powers that the Minister has in respect of burial in any cemeteries and burial plots owned or controlled by the Government of Canada;

  • (m) the assumption or exclusion of any obligations or liabilities that might be incurred by the Corporation in connection with any function or procedure under the agreement;

  • (n) the notice to be given and the formalities required for a termination of the agreement; and

  • (o) the specification of which law governs the agreement and its interpretation.

• (3) The Minister may

  • (a) terminate an agreement at any time after the notice and formalities required by the agreement have been given and may enter into similar agreements with one or more other bodies, in which case a reference to the corporation in section 4, 9 and 10 shall be read as a reference to the other body or bodies; or

  • (b) assign any of the functions referred to in this section to be carried out by employees of the Department.

• (4) An agreement may be amended or replaced by subsequent agreements.

• (5) The Minister must determine whether the conditions set out in paragraph (b) of the definition income-qualified civilian in section 1 or under subparagraph 2(b)(i), (ii) or (vi) are met and inform the Corporation of the determination.

• (6) The Minister must advise the Corporation whether any deceased person was, at the time of death,

  • (a) a person entitled to a disability award, entitled to pain and suffering compensation or entitled to a pension; or

  • (b) a person referred to in paragraph (a) of the definition income-qualified civilian in section 1 or a person referred to in any of subparagraphs 2(b)(ii) to (iv).

• (7) The Minister must make available on request to the public

  • (a) the agreements in force and of any amendments to them; and

  • (b) the standards specified under section 7.

Review of Determination

• 10 (1) A person who is dissatisfied with a final determination of the Corporation, or with a determination with respect to eligibility made under subparagraph 2(b)(i), (ii) or (vi), may, within 60 days after receiving that determination or, if circumstances beyond the control of the person necessitate a longer period, within the longer period, apply in writing to the Minister for a review of that determination.

• (2) If, after the review, the Minister concludes that the final determination made by the Corporation was in error, the Minister may take any steps to remedy the error that the Minister considers necessary in the circumstances.

• (3) In lieu of the review referred to in subsection (1), if a person is dissatisfied with a determination with respect to eligibility referred to in subparagraphs 2(b)(i) or (ii), the person may within 60 days after receiving the determination or, if circumstances beyond the control of the person necessitate a longer period, within the longer period, apply to the Minister for a decision under paragraph 21(1)(b) or (2)(b) of the Pension Act, unless an application for that purpose has previously been made.