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

Assented to 2005-05-13

PART 1JOB PLACEMENT

Marginal note:Eligibility — members and veterans
  •  (1) The Minister may, on application, provide job placement assistance services to a member or a veteran who meets the prescribed eligibility requirements if the Minister is satisfied that the member or veteran requires assistance in making the transition to the civilian labour force.

  • Marginal note:Assistance to spouses, common-law partners and survivors

    (2) The Minister may, on application, provide job placement assistance services to a member’s or a veteran’s spouse, common-law partner or survivor if the spouse, common-law partner or survivor meets the prescribed eligi­bility requirements.

Marginal note:Assessment of needs
  •  (1) The Minister shall, on approving an application made under section 3, assess the needs of the member, veteran, spouse, common-law partner or survivor with respect to career counselling, job-search training and job-finding assistance.

  • Marginal note:Job placement assistance plan

    (2) The Minister may develop and implement a job placement assistance plan to address the needs that are identified in the assessment.

  • Marginal note:Development of plan

    (3) In developing a job placement assistance plan, the Minister shall have regard to any prescribed principles.

Marginal note:Refusal to provide services

 The Minister may refuse to provide job placement assistance services to a person under this Part to the extent that the person is entitled to receive those types of services from another organization or body.

PART 2REHABILITATION SERVICES, VOCATIONAL ASSISTANCE AND FINANCIAL BENEFITS

General

Marginal note:Non-application of this Part

 This Part does not apply in respect of a physical or a mental health problem that resulted primarily from

  • (a) service in the Canadian Forces on or before April 1, 1947; or

  • (b) service in the Korean War, as that term is defined in subsection 3(1) of the Pension Act.

Marginal note:Consequential injury or disease

 For the purposes of this Part, an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

  • (a) a service-related injury or disease;

  • (b) a non-service related injury or disease that was aggravated by service;

  • (c) an injury or a disease that is itself the consequence of an injury or a disease described in paragraph (a) or (b); or

  • (d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).

Rehabilitation Services and Vocational Assistance

Marginal note:Eligibility — rehabilitation need
  •  (1) The Minister may, on application, provide rehabilitation services to a veteran who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

  • Marginal note:Factors that the Minister may consider

    (2) In deciding whether a veteran has a physical or a mental health problem that is creating a barrier to re-establishment in civilian life, and whether that health problem resulted primarily from service in the Canadian Forces, the Minister may consider any factors that the Minister considers relevant, including

    • (a) medical reports or records that document the veteran’s physical or mental health problem;

    • (b) documentation that indicates the nature of the veteran’s service in the Canadian Forces;

    • (c) documentation provided by the veteran as to the circumstances of their health problem; and

    • (d) research that establishes the prevalence of specific health problems in military populations.

  • Marginal note:Presumption in case of disability

    (3) A veteran’s physical or mental health problem is deemed to have resulted primarily from service in the Canadian Forces if, as a result of the health problem, the veteran suffers from a disability for which a disability award has been paid under section 45 or a pension has been granted under the Pension Act.

Marginal note:Eligibility — medical release
  •  (1) The Minister may, on application, provide rehabilitation services or vocational assistance to a veteran who has been released on medical grounds in accordance with chapter 15 of the Queen’s Regulations and Orders for the Canadian Forces.

  • Marginal note:Refusal to consider application

    (2) The Minister shall refuse to consider an application that is made more than 120 days after the day on which the veteran was released, unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances.

  • Marginal note:Exception

    (3) Subsection (1) does not apply in respect of a veteran who was within a prescribed class at the time that the physical or mental health problem leading to the release manifested itself.

Marginal note:Assessment of needs
  •  (1) The Minister shall, on approving an application made under section 8 or 9, assess the veteran’s medical, psycho-social and vocational rehabilitation needs. In the case of a veteran who has applied under section 9, if no rehabilitation needs are identified, the Minister shall assess the veteran’s vocational assistance needs.

  • Marginal note:Rehabilitation plan

    (2) The Minister may develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.

  • Marginal note:Limitation

    (3) The only physical and mental health problems that may be addressed in the reha­bilitation plan are

    • (a) in the case of a veteran who was released on medical grounds, the physical or mental health problem for which the veteran was released; or

    • (b) in any other case, a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

  • Marginal note:Vocational assistance plan

    (4) The Minister may develop and implement a vocational assistance plan to address the vocational assistance needs that are identified in the assessment.

  • Marginal note:Development of plan

    (5) In developing a rehabilitation plan or a vocational assistance plan, the Minister shall

    • (a) have regard to any prescribed principles and factors; and

    • (b) be guided by current research in the fields of rehabilitation and vocational assistance.

Marginal note:Eligibility — spouses and common-law partners
  •  (1) The Minister may, on application, provide rehabilitation services and vocational assistance to a veteran’s spouse or common-law partner if the Minister

    • (a) has approved an application for rehabilitation services made by or on behalf of the veteran; and

    • (b) has determined, based on an assessment of the veteran under subsection 10(1), that the veteran would not benefit from vocational rehabilitation as a result of being totally and permanently incapacitated by the physical or mental health problem in respect of which the rehabilitation services were approved.

  • Marginal note:Continuation

    (2) If a veteran dies after an application made under subsection (1) has been approved, the survivor continues to be eligible to receive rehabilitation services and vocational assistance under that subsection.

Marginal note:Eligibility — survivors

 The Minister may, on application, provide rehabilitation services or vocational as­sistance to a member’s or a veteran’s survivor, if the member or veteran dies as a result of

  • (a) a service-related injury or disease; or

  • (b) a non-service-related injury or disease that was aggravated by service.

Marginal note:Assessment of needs
  •  (1) The Minister shall, on approving an application made under subsection 11(1) or section 12, assess the vocational assistance needs of the spouse, common-law partner or survivor and, if such needs are identified, shall assess the person’s medical, psycho-social and vocational rehabilitation needs.

  • Marginal note:Vocational assistance plan

    (2) The Minister may, for the purpose of restoring the earnings capacity of the spouse, common-law partner or survivor to a level that the Minister determines to be reasonable, given the person’s education, skills and experience, develop and implement a vocational assistance plan to address the vocational assistance needs that are identified in the assessment.

  • Marginal note:Rehabilitation plan

    (3) The Minister may, to the extent necessary to achieve the purpose set out in subsection (2), develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.

  • Marginal note:Development of plan

    (4) In developing a rehabilitation plan or a vocational assistance plan, the Minister shall

    • (a) have regard to any prescribed principles and factors; and

    • (b) be guided by current research in the fields of rehabilitation and vocational assistance.

Marginal note:Duration of plan
  •  (1) The duration of a rehabilitation plan or a vocational assistance plan shall be fixed by the Minister.

  • Marginal note:Evaluation of plan

    (2) The Minister may evaluate a rehabilitation plan or a vocational assistance plan at any time, and may modify the plan or change its duration.

Marginal note:Examination or assessment
  •  (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
  •  (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.

 
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