Canadian Forces Members and Veterans Re-establishment and Compensation Act (S.C. 2005, c. 21)

Marginal note:Types of operations

71. For the purposes of paragraphs 69(1)(b) and 70(1)(a), the types of operations are as follows:

• (a) an armed conflict;

• (b) an operation authorized under the Charter of the United Nations, the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar treaty instrument;

• (c) an international or a multinational military operation;

• (d) an operation authorized to deal with a national emergency, as that term is defined in section 3 of the Emergencies Act, in respect of which a declaration of emergency is made under that Act;

• (e) an operation authorized under section 273.6 or Part VI of the National Defence Act, or other similar operation authorized by the Governor in Council;

• (f) an operation that, in the opinion of the Minister of National Defence, is a search and rescue operation;

• (g) an operation that, in the opinion of the Minister of National Defence, is a disaster relief operation;

• (h) an operation that, in the opinion of the Minister of National Defence, is a counter-terrorism operation; and

• (i) an operation involving a level of risk that, in the opinion of the Minister of National Defence, is comparable to that normally associated with an operation referred to in paragraphs (a) to (e).

Marginal note:Statutory Instruments Act does not apply

72. Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 69 or 70.

Marginal note:Examination or assessment

73. The Minister may require a person who applies for rehabilitation services or compensation under this Act to undergo a medical examination or an assessment by a person specified by the Minister.

Marginal note:Expenses

• 74. (1) The Minister may pay to a person who undergoes the medical examination or the assessment a reasonable amount for their travel and living expenses incurred by reason of the medical examination or the assessment.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations respecting the payment of those expenses.

Marginal note:Fees

75. A person who, at the request of the Minister, conducts a medical examination or performs an assessment for the purposes of this Act is entitled to be paid the fee that may be fixed by the Minister.

Marginal note:Application made to Minister

• 76. (1) An application for career transition services, rehabilitation services, vocational assistance or compensation under this Act shall be made to the Minister in the form directed by the Minister and shall include any information that is required by the regulations to accompany the application.

• Marginal note:Consideration of application

  (2) Subject to subsection (3), the Minister shall consider an application without delay after its receipt and, in considering the application, may

  • (a) investigate the facts stated in the application and any other matter related to the application; and

  • (b) collect any material and information relevant to the application.

• Marginal note:Refusal to consider

  (3) If a time is prescribed for making an application, the Minister shall refuse to consider an application made after that time unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances.