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

Assented to 2005-05-13

Canadian Forces Members and Veterans Re-establishment and Compensation Act

S.C. 2005, c. 21

Assented to 2005-05-13

An Act to provide services, assistance and compensation to or in respect of Canadian Forces members and veterans and to make amendments to certain Acts

SUMMARY

Part 1 authorizes the Minister to provide job placement assistance services to assist Canadian Forces members and veterans in re-entering the civilian labour force. Those services may also, in certain circumstances, be provided to a member’s or a veteran’s spouse, common-law partner or survivor.

Part 2 authorizes the Minister to provide rehabilitation services, vocational assistance and financial benefits to veterans to assist them in re-establishing in civilian life. The services, assistance and benefits may be provided, in certain circumstances, to a veteran’s spouse or common-law partner or to a member’s or a veteran’s survivor; benefits may also be provided to orphans in some cases. The services, assistance and benefits may include medical, psycho-social and vocational rehabilitation, an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit and a permanent impairment allowance.

Part 3 authorizes the Minister to provide the following awards and benefits:

  • (a) disability awards to members and veterans who suffer from a service-related disability, or to their survivors and dependent children, and a clothing allowance to those members and veterans whose disability causes wear and tear of clothing or who require specially made apparel;

  • (b) death benefits to the survivors and orphans of members who die, as a result of service, while serving in the Canadian Forces; and

  • (c) detention benefits to members and veterans, or to their testamentary estate or testamentary succession, if the member or veteran was detained by a power while serving in the Canadian Forces.

Part 4 provides for general administrative powers, in particular for the review of decisions, and authorizes the Minister to establish health benefits for members and veterans and their survivors.

Part 5 contains transitional provisions, related and coordinating amendments and the coming-into-force provision.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    “aggravated by service”

    « due au service »

    “aggravated by service”, in respect of an injury or a disease, means an injury or a disease that has been aggravated, if the aggravation

    • (a) was attributable to or was incurred during special duty service; or

    • (b) arose out of or was directly connected with service in the Canadian Forces.

    “Board”

    « Tribunal »

    “Board” means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act.

    “Canadian Forces”

    « Forces canadiennes »

    “Canadian Forces” means the armed forces referred to in section 14 of the National Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland.

    “common-law partner”

    « conjoint de fait »

    “common-law partner”, in relation to a member or a veteran, means a person who is cohabiting with the member or veteran in a conjugal relationship, having so cohabited for a period of at least one year.

    “compensation”

    « indemnisa- tion »

    “compensation” means any of the following benefits under this Act: an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a disability award, a death benefit, a clothing allowance or a detention benefit.

    “dependent child”

    « enfant à charge »

    “dependent child”, in relation to a member or a veteran, means their child, or a child of their spouse or common-law partner who is ordi­narily residing in the member’s or veteran’s household, who is

    • (a) under the age of 18 years;

    • (b) under the age of 25 years and following a course of instruction approved by the Minister; or

    • (c) over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred

      • (i) before the child attained the age of 18 years, or

      • (ii) after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister.

    “disability”

    « invalidité »

    “disability” means the loss or lessening of the power to will and to do any normal mental or physical act.

    “medical rehabilitation”

    « réadaptation médicale »

    “medical rehabilitation” includes any physical or psychological treatment whose object is to stabilize and restore the basic physical and psychological functions of a person.

    “member”

    « militaire »

    “member” means an officer or a non-commissioned member of the Canadian Forces, as those terms are defined in subsection 2(1) of the National Defence Act.

    “Minister”

    « ministre »

    “Minister” means the Minister of Veterans Affairs.

    “orphan”

    « orphelin »

    “orphan”, in relation to a deceased member or a deceased veteran, means their child, or a child of their survivor who at the time of the member’s or veteran’s death was ordinarily residing in the member’s or veteran’s household, who is

    • (a) under the age of 18 years;

    • (b) under the age of 25 years and following a course of instruction approved by the Minister; or

    • (c) over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred

      • (i) before the child attained the age of 18 years, or

      • (ii) after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister.

    “personal information”

    « renseignements personnels »

    “personal information” has the same meaning as in section 3 of the Privacy Act.

    “prescribed”

    Version anglaise seulement

    “prescribed” means prescribed by regulation.

    “psycho-social rehabilitation”

    « réadaptation psychosociale »

    “psycho-social rehabilitation” includes any psychological or social intervention whose object is to restore a person to a state of independent functioning and to facilitate their social adjustment.

    “rehabilitation services”

    « services de réadaptation »

    “rehabilitation services” means all services related to the medical rehabilitation, psycho-social rehabilitation and vocational rehabilitation of a person.

    “service-related injury or disease”

    « liée au service »

    “service-related injury or disease” means an injury or a disease that

    • (a) was attributable to or was incurred during special duty service; or

    • (b) arose out of or was directly connected with service in the Canadian Forces.

    “special duty service”

    « service spécial »

    “special duty service” means service as a member in a special duty area designated under section 69, or as a member as part of a special duty operation designated under section 70, during the period in which the designation is in effect. It includes any of the following that occurred during that period but not earlier than September 11, 2001:

    • (a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place;

    • (b) travel to and from the area, the operation or the location of training referred to in paragraph (a); and

    • (c) authorized leave of absence with pay during that service, wherever that leave is taken.

    “survivor”

    « survivant »

    “survivor”, in relation to a deceased member or a deceased veteran, means

    • (a) their spouse who was, at the time of the member’s or veteran’s death, residing with the member or veteran; or

    • (b) the person who was, at the time of the member’s or veteran’s death, the member’s or veteran’s common-law partner.

    “veteran”

    « vétéran »

    “veteran” means a former member.

    “vocational assistance”

    « assistance professionnelle »

    “vocational assistance” includes employability assessments, career counselling, training, job-search assistance and job-finding assistance, whose object is to help a person to find appropriate employment.

    “vocational rehabilitation”

    « réadaptation professionnelle »

    “vocational rehabilitation” includes any process designed to identify and achieve an appropriate occupational goal for a person with a physical or a mental health problem, given their state of health and the extent of their education, skills and experience.

  • Marginal note:Couples who are living apart

    (2) For the purposes of this Act, a spouse is deemed to be residing with a member or a veteran, and a person does not cease to be a member’s or a veteran’s common-law partner, if it is established that they are living apart by reason only of

    • (a) one or both of them having to reside in a health care facility;

    • (b) circumstances of a temporary nature; or

    • (c) other circumstances not within the control of the member or veteran or the spouse or common-law partner.

  • Marginal note:References to spouses

    (3) A reference in this Act to a member’s or a veteran’s spouse is a reference to a member’s or a veteran’s spouse who is residing with the member or veteran.

  • Marginal note:Recent marriage

    (4) This Act does not apply to a member’s or a veteran’s surviving spouse if the member or veteran dies within one year after the date of the marriage, unless

    • (a) in the opinion of the Minister, the member or veteran was at the time of that marriage in such a condition of health as to justify their having an expectation of life of at least one year; or

    • (b) at the time of the member’s or veteran’s death, the spouse was cohabiting with the member or veteran in a conjugal relationship, having so cohabited for a period of at least one year.

  • Marginal note:Conduct of member or veteran

    (5) This Act does not apply in respect of a member’s or a veteran’s physical or mental health problem, disability or death if it is caused by a wilful self-inflicted injury or improper conduct on the member’s or veteran’s part, including wilful disobedience of an order and vicious or criminal conduct.

 
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