Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
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Assented to 2017-06-22
PART 4Various Measures (continued)
DIVISION 12Canadian Forces Members and Veterans (continued)
2005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act (continued)
275 Section 40.5 of the Act is repealed.
276 Section 42 of the Act is replaced by the following:
Marginal note:Non-application of this Part
42 This Part, other than sections 44.1 and 44.2, does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act.
277 Section 44.3 of the Act is repealed.
278 The heading to Part 3.1 of the Act is replaced by the following:
Caregiver Recognition Benefit
279 (1) The portion of subsection 65.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Eligibility
65.1 (1) The Minister may, on application by a veteran, pay a caregiver recognition benefit to a person designated by the veteran if
(2) Paragraphs 65.1(1)(a) and (b) of the English version of the Act are replaced by the following:
(a) the veteran has had an application for a disability award approved under section 45;
(b) as a result of the disability for which the application for a disability award was approved, the veteran requires ongoing care;
(3) Paragraph 65.1(1)(c) of the Act is replaced by the following:
(b.1) the veteran has not been awarded a pension or compensation as those terms are defined in subsection 3(1) of the Pension Act;
(c) the designated person is 18 years of age or older and plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home for which the person receives no remuneration; and
(4) Subsections 65.1(3) and (4) of the Act are replaced by the following:
Marginal note:Factors to be considered
(3) In deciding whether a designated person plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home, the Minister shall consider only prescribed factors.
280 Sections 65.2 and 65.3 of the Act are replaced by the following:
Marginal note:Amount of benefit
65.2 The monthly amount of a caregiver recognition benefit that is payable to a designated person shall be the amount set out in column 2 of item 5 of Schedule 2.
Marginal note:Only one designated person
65.21 A veteran may, for the purpose of subsection 65.1(1), designate only one person at a time.
Marginal note:When benefit payable
65.22 (1) Subject to subsection (2), a caregiver recognition benefit begins to be payable on the first day of the month in which the application for the benefit is made.
Marginal note:Replacement of designated person
(2) If a veteran, by means of a new application for a caregiver recognition benefit, replaces the designated person with a new designated person, the caregiver recognition benefit begins to be payable to the new designated person on the later of
(a) the first day of the month in which the new application is made, and
(b) the day on which the benefit ceases to be payable to the previously designated person.
Marginal note:When benefit ceases to be payable
65.23 A caregiver recognition benefit ceases to be payable on the earliest of
(a) the first day of the month after the month in which the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) are no longer met,
(b) the first day of the month after the month in which the veteran makes a new application to replace the designated person with a new designated person, or
(c) the first day of the month after the month in which the veteran or the designated person dies.
Marginal note:Change in circumstances — veteran
65.24 (1) A veteran shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) or if the designated person dies.
Marginal note:Change in circumstances — designated person
(2) A designated person shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraph 65.1(1)(c) or if the veteran who designated the person dies.
Marginal note:Assessment
65.3 The Minister may, for the purpose of determining whether a designated person may continue to receive a caregiver recognition benefit, require the veteran who designated the person to undergo an assessment by a person specified by the Minister.
Marginal note:Suspension or cancellation
65.31 The Minister may, in the prescribed circumstances, suspend the payment of a caregiver recognition benefit or cancel the benefit.
281 The Act is amended by adding the following after section 78:
Waiver
Marginal note:Waiver of requirement for application
78.1 (1) The Minister may waive the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the compensation, services or assistance if they were to apply for it.
Marginal note:Notice of intent
(2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in the prescribed manner of that intention.
Marginal note:Accepting waiver
(3) The person may accept to have the requirement for an application waived by notifying the Minister in the prescribed manner of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.
Marginal note:Date of waiver
(4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.
Marginal note:Minister may require application
(5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.
Marginal note:Waiver cancelled
(6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.
Marginal note:Effect of waiver
78.2 (1) If the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.
Marginal note:Effect of cancelling waiver
(2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.
282 Section 83 of the Act is replaced by the following:
Marginal note:Review of decision under Part 1, 1.1, 2 or 3.1
83 Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision made under Part 1, 1.1, 2 or 3.1 or under this section.
283 The Act is amended by adding the following after section 87:
Payments
Marginal note:Amount paid to survivor
87.1 (1) Any amount that is payable under this Act to a person who dies before receiving it, is to be paid to their survivor.
Marginal note:Amount paid to estate or succession
(2) However, the amount is to be paid to the person’s estate or succession if they have no survivor or their survivor dies before receiving the amount.
Marginal note:Definition of survivor
(3) For the purposes of subsections (1) and (2), survivor, in relation to a deceased person, means
(a) their spouse who was, at the time of the person’s death, residing with them; or
(b) the person who was, at the time of the person’s death, cohabiting with them in a conjugal relationship and had done so for a period of at least one year.
284 (1) The portion of subsection 88(4) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Erroneous payments of benefits or allowances
(4) Despite anything in this Act, the Minister may continue the payment of an education and training benefit, earnings loss benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit, a clothing allowance or a caregiver recognition benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if
(2) Paragraph 88(4)(d) of the English version of the Act is replaced by the following:
(d) the benefit or allowance has been paid to the person for five years or more or, in the case of an education and training benefit, for three years or more.
(3) Subsection 88(4) of the French version of the Act is replaced by the following:
Marginal note:Indemnisation erronée
(4) Malgré les autres dispositions de la présente loi, le ministre peut continuer de verser à la personne, bien que celle-ci n’y ait pas droit, tout ou partie de l’allocation pour études et formation, de l’allocation pour perte de revenus, de l’allocation de soutien du revenu, de l’allocation pour incidence sur la carrière, de l’allocation de sécurité du revenu de retraite, de l’allocation vestimentaire ou de l’allocation de reconnaissance pour aidant dont le montant résulte d’une erreur, d’un retard ou d’un oubli de la part d’un cadre ou fonctionnaire de l’administration publique fédérale et a fait l’objet d’une remise au motif prévu à l’alinéa (3)d), s’il estime que le versement, fait depuis au moins cinq ans, ou depuis au moins trois ans dans le cas de l’allocation pour études et formation, ne résulte pas d’une déclaration trompeuse ou de la dissimulation de faits importants de la part de cette personne et que son annulation ou sa réduction lui causerait un préjudice abusif.
285 Paragraphs 94(e) to (g) of the Act are replaced by the following:
(e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, an education and training benefit, an education and training completion bonus, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit, bonus or allowance until the information, declaration or document is provided;
(e.1) respecting the provision of any information, declaration or document to the Minister by any veteran who applies for a caregiver recognition benefit under subsection 65.1(1) or by the person designated in the application, and authorizing the Minister to suspend payment of the benefit until the information, declaration or document is provided;
(f) respecting the procedure to be followed by the Minister in suspending or cancelling career transition services, rehabilitation services, vocational assistance or payment of compensation;
(g) providing for a review of any decisions made under Part 1, 1.1, 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews;
286 Section 94.1 of the Act is replaced by the following:
Marginal note:Retroactive application of regulations
94.1 Regulations made in respect of the retirement income security benefit and the caregiver recognition benefit under subsections 40.1(5), 40.2(5), 40.3(5) and 40.4(5) and sections 41, 65.4 and 94 may, if they so provide, be retroactive.
287 Item 5 of Schedule 2 to the Act is replaced by the following:
| Column 1 | Column 2 | |
|---|---|---|
| Item | Allowance or Benefit | Amount ($) |
| 5 | Caregiver recognition benefit | 1,000.00 (monthly) |
R.S., c. P-6Pension Act
288 (1) The portion of subsection 3.1(1) of the Pension Act before paragraph (a) is replaced by the following:
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 April 1, 2006 unless
(2) Paragraph 3.1(1)(b) of the Act is replaced by the following:
(b) the application is in respect of the death of a member of the forces, if the death occurred before April 1, 2006 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;
(3) Paragraph 3.1(1)(e) of the Act is replaced by the following:
(e) the Minister has determined under the Veterans Well-being 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
(4) Subsection 3.1(2) of the Act is replaced by the following:
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 April 1, 2006.
289 Subsection 35(1.2) of the Act is replaced by the following:
Marginal note:Assessments under Veterans Well-being Act
(1.2) Any disability assessments under the Veterans Well-being Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.
290 Subsection 38(2) of the Act is repealed.
R.S., c. V-1Department of Veterans Affairs Act
291 (1) Paragraph 5(b) of the Department of Veterans Affairs Act is repealed.
(2) Subparagraph 5(c.1)(i) of the Act is replaced by the following:
(i) the circumstances in which a person is required to make payments in respect of all or part of the cost of accommodation and meals in a hospital, home or other institution,
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