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

Assented to 2005-05-13

Related Amendments

R.S., c. C-28; 1990, c. 43, s. 43Children of Deceased Veterans Education Assistance Act

  •  (1) The definition ministre in section 2 of the French version of the Children of Deceased Veterans Education Assistance Act is replaced by the following:

    « ministre »

    “Minister”

    ministre Le ministre des Anciens Combattants.

  • (2) The definition “student” in section 2 of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after paragraph (d):

    • (e) a child of a member or a veteran, as those terms are defined in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the member or veteran dies

      • (i) of an injury or a disease that was attributable to or was incurred during special duty service or arose out of or was directly connected with service in the Canadian Forces, within the meaning of that Act, or

      • (ii) of an injury or a disease that was aggravated, if the aggravation was attribut­able to or was incurred during special duty service or arose out of or was directly connected to service in the Canadian Forces, within the meaning of that Act, or

    • (f) a child of a member or a veteran, as those terms are defined in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if

      • (i) the member or veteran is deceased,

      • (ii) a disability award has been granted under that Act in respect of the member or veteran, and

      • (iii) the member’s or veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments under that Act and, if appli­cable, the Pension Act, is equal to or greater than the lowest extent of disability set out in column 2 of Schedule 3 to the Canadian Forces Members and Veterans Re-establishment and Compensation Act in respect of class 11.

R.S., c. V-1; 2000, c. 34, par. 95(a)(F)Department of Veterans Affairs Act

 Paragraph 5(g.1) of the Department of Veterans Affairs Act is amended by adding the following after subparagraph (i):

R.S., c. 1 (5th Supp.)Income Tax Act

 Subsection 6(1) of the Income Tax Act is amended by adding the following after paragraph (f):

  • Marginal note:Canadian Forces members and veterans income replacement benefits

    (f.1) the total of all amounts received by the taxpayer in the year on account of an earnings loss benefit, a supplementary retirement benefit or a permanent impairment allowance payable to the taxpayer under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act;

 Subsection 81(1) of the Act is amended by adding the following after paragraph (d):

  • Marginal note:Canadian Forces members and veterans amounts

    (d.1) the total of all amounts received by the taxpayer in the year on account of a Canadian Forces income support benefit payable to the taxpayer under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act or on account of a disability award, death benefit, clothing allowance or detention benefit payable to the taxpayer under Part 3 of that Act;

 Subparagraph 241(4)(d)(viii) of the Act is replaced by the following:

2003, c. 14Injured Military Members Compensation Act

 Paragraph 13(a) of the Injured Military Members Compensation Act is replaced by the following:

R.S., c. P-6Pension Act

Marginal note:2003, c. 12, s. 1(2)(F) and (3)(E), c. 27, s. 7(F)

 The definition “special duty service” in subsection 3(1) of the Pension Act is replaced by the following:

“special duty service”

« service spécial »

“special duty service” has the same meaning as in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

 The Act is amended by adding the following after section 3:

CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION ACT

Marginal note:No award payable
  • 3.1 (1) Despite any other provision of this Act, no award is payable under this Act in respect of any application made by or in respect of a member of the forces after the coming into force of section 42 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act unless

    • (a) the application is in respect of a disability for which a pension has been granted or is an application under section 36 in respect of such a disability;

    • (b) the application is in respect of the death of a member of the forces, if the death occurred before the coming into force of section 42 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act or is the result of an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted;

    • (c) the application is in respect of an injury or a disease that was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947, or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an injury or a disease;

    • (d) the application is in respect of an aggravation of an injury or disease, if the aggravation was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947 or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an aggravation;

    • (e) the Minister has determined under the Canadian Forces Members and Veterans Re-establishment and Compensation Act that the injury or disease, or the aggravation of the injury or disease, for which the application is made is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted; or

    • (f) the application is made under section 38 by a pensioner.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of an application for compensation made under Part III.1 if the application relates to a period spent as a prisoner of war that began before the coming into force of section 64 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

 Section 35 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Maximum disability assessment

    (1.1) Despite anything in this Act, if the extent of disability of a member of the forces, in respect of the aggregate of all of the member’s disability assessments, exceeds 100%, no pension shall be paid in respect of any percentage points exceeding 100%.

  • Marginal note:Assessments under Canadian Forces Members and Veterans Re-establishment and Compensa-tion Act

    (1.2) Any disability assessments under the Canadian Forces Members and Veterans Re-establishment and Compensation Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.

Marginal note:2003, c. 12, s. 3

 Sections 91.1 to 91.5 of the Act are repealed.

R.S., c. R-11Royal Canadian Mounted Police Superannuation Act

Marginal note:2003, c. 12, s. 4
  •  (1) Subsection 32.1(1) of the Royal Canadian Mounted Police Superannuation Act is replaced by the following:

    Marginal note:Service in special duty area
    • 32.1 (1) An award in accordance with the Pension Act shall be granted to or in respect of a member of the Force who is disabled or dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during special duty service as defined in subsection (2), as though that member of the Force were a member of the Canadian Forces in special duty service within the meaning of the Pension Act and section 3.1 of that Act were not in force.

  • Marginal note:2003, c.12, s. 4

    (2) The portion of subsection 32.1(2) of the Act before paragraph (a) is replaced by the following:

    • Definition of “special duty service”

      (2) For the purposes of subsection (1), “special duty service” means service as a member of the Force in a special duty area designated under section 32.12 of this Act or under section 69 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act during the period in which that designation is in effect, or service as a member of the Force as part of a special duty operation designated under section 32.13 of this Act or under section 70 of that Act during the period in which that designation is in effect, and includes

 
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