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

Marginal note:Examination or assessment

• 15. (1) The Minister may, when evaluating a rehabilitation plan, require the person for whom the plan has been developed to undergo a medical examination or an assessment by a person specified by the Minister.

• Marginal note:Assessment

  (2) The Minister may, when evaluating a vocational assistance plan, require a person for whom the plan has been developed to undergo an assessment by a person specified by the Minister.

• Marginal note:Non-compliance

  (3) If a person who is required to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the rehabilitation plan or the vocational assistance plan.

Marginal note:Refusal to provide services or assistance

• 16. (1) The Minister may refuse to provide rehabilitation services or vocational assistance to a person to the extent they are available to the person as an insured service under a provincial health care system, a provincial or federal workers’ compensation plan or any other plan that may be prescribed.

• Marginal note:Refusal to provide services or assistance

  (2) The Minister may refuse to provide rehabilitation services or vocational assistance, in whole or in part, to a person if those services or that assistance has already been provided or if the Minister considers that the refusal is reasonable in the circumstances.

Marginal note:Cancellation

17. The Minister may cancel a rehabilitation plan or a vocational assistance plan in the prescribed circumstances.

Marginal note:Eligibility — veterans

• 18. (1) The Minister may, on application, pay an earnings loss benefit to a veteran if the Minister determines, as a result of an assessment made in accordance with subsection 10(1), that a rehabilitation plan or a vocational assistance plan should be developed for the veteran.

• Marginal note:When benefit payable

  (2) The earnings loss benefit begins to be payable on the day on which the Minister determines that a rehabilitation plan or a vocational assistance plan should be developed.

• Marginal note:Duration of benefit

  (3) Subject to subsection (4) and section 21, the earnings loss benefit is payable to a veteran until the earlier of

  • (a) the day on which the veteran completes the rehabilitation plan or the vocational assistance plan,

  • (b) the day on which the rehabilitation plan or the vocational assistance plan is cancelled, and

  • (c) the day on which the veteran attains the age of 65 years.

• Marginal note:Continuation of benefit

  (4) If the Minister determines that the veteran is unable to engage in suitable gainful employment as a result of being totally and permanently incapacitated by the physical or mental health problem for which the rehabilitation plan was developed, the earnings loss benefit continues to be payable to the veteran after the plan has been completed or cancelled until the earlier of

  • (a) the day on which the Minister determines that the veteran is no longer unable to engage in suitable gainful employment as a result of being totally and permanently incapacitated by that health problem, and

  • (b) the day on which the veteran attains the age of 65 years.