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

Assented to 2005-05-13

1995, c. 18Veterans Review and Appeal Board Act

 Section 18 of the Veterans Review and Appeal Board Act is replaced by the following:

Marginal note:Exclusive jurisdiction

18. The Board has full and exclusive juris­diction to hear, determine and deal with all applications for review that may be made to the Board under the Pension Act or the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and all matters related to those applications.

Marginal note:1999, c. 10, s. 38; 2000, c. 34, s. 66(F)

 Subsection 19(2) of the Act is replaced by the following:

  • Marginal note:Refusal to establish review panel

    (2) The Chairperson, or any member to whom the Chairperson has delegated the authority, may refuse to establish a review panel to hear an application for review of a decision concerning the amount of an award under the Pension Act, or the amount of a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the Chairperson or member, as the case may be, considers the application to be such that no reasonable review panel could dispose of it in a manner favourable to the applicant.

 Section 30 of the Act is replaced by the following:

Marginal note:Questions of interpretation

30. Where the appellant raises a question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act and the appeal panel is of the opinion that the question is not trivial, frivolous or vexatious, it shall notify the prescribed persons or organizations and give them an opportunity to present argument on the question before it makes its decision.

 Subsection 37(1) of the Act is replaced by the following:

Marginal note:Questions of interpretation
  • 37. (1) The Minister, the Chief Pensions Advocate, any veterans’ organization incorporated by or under an Act of Parliament or any interested person may refer to the Board for a hearing and decision on any question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act.

Public Service Employment Act

Marginal note:2003, c. 22

 The Public Service Employment Act, as enacted by section 12 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003, is amended by adding the following after section 35:

Marginal note:Mobility — members of the Canadian Forces
  • 35.1 (1) A member of the Canadian Forces

    • (a) may participate in an advertised internal appointment process for which the organizational criterion established under section 34 entitles members of the Canadian Forces to be considered, as long as the member meets the other criteria, if any, established under that section; and

    • (b) has the right to make a complaint under section 77.

  • Marginal note:Deemed employment in public service

    (2) A member who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service.

  • Definition of “member”

    (3) In this section, “member” means a person who is enrolled in the Canadian Forces.

Coordinating Amendment

Marginal note:Bill C-22

 If Bill C-22, introduced in the 1st Session of the 38th Parliament and entitled the Department of Social Development Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 81 of this Act and section 3 of the other Act, paragraph 81(d) of this Act is replaced by the following:

Coming into Force

Marginal note:Order in council

 This Act, other than section 116, comes into force on a day to be fixed by order of the Governor in Council.

 
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