Veterans Well-being Act (S.C. 2005, c. 21)

Miscellaneous

Marginal note:Not to be assigned or charged

• 89 (1) No compensation payable under this Act shall be assigned, charged, attached, anticipated, commuted or given as security.

• Marginal note:Exemption from seizure and execution

  (2) Compensation payable under this Act is exempt from seizure and execution, either at law or in equity.

Marginal note:Interest

90 No interest shall be paid in respect of any compensation that is payable under this Act.

Marginal note:Immunity

91 No action or other proceeding lies against any person by reason of anything done or said in good faith in any proceedings before the Minister or in any report of any medical examination or any assessment made for the purposes of this Act by any officer or employee of the Department of Veterans Affairs or by any other person at the request of the Minister.

Definition of action

• 92 (1) In this section, action means any action or other proceeding brought by or on behalf of a member, a veteran, a member’s or a veteran’s survivor, a member’s or a veteran’s orphan or a person who was, at the time of the member’s or veteran’s death, a dependent child, against Her Majesty in which damages are claimed in respect of any injury, death, damage or loss for which compensation may be claimed under this Act.

• Marginal note:Stay of action against Crown until compensation refused

  (2) An action that is not barred by virtue of section 9 of the Crown Liability and Proceedings Act shall, on application, be stayed until an application for compensation has been made under this Act, in respect of the same injury, death, damage or loss in respect of which the claim has been made, and pursued in good faith by or on behalf of the person by whom, or on whose behalf, the action was brought, and,

  • (a) in the case of an application that may be made under Part 2, a final decision to the effect that no compensation may be paid has been made under section 83 in respect of the application; and

  • (b) in the case of an application that may be made under Part 3, a decision to the effect that no compensation may be paid to or in respect of that person in respect of the same injury, death, damage or loss has been affirmed by an appeal panel of the Board in accordance with the Veterans Review and Appeal Board Act.

Marginal note:Certificates as evidence

• 93 (1) In any trial, prosecution or other proceeding, a certificate purporting to be signed by the Minister and setting out the amount of any compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of any day is evidence of the amount of the compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of that day without proof of the signature or official character of any person appearing to have signed the certificate and without further proof of the certificate.

• Marginal note:Documents as evidence

  (2) In any trial, prosecution or other proceeding, a document purporting to be an adjudication of the Minister or the Board is evidence of the facts stated in the document without proof of the signature or official character of any person appearing to have signed the document and without further proof of the document.

Regulations

Marginal note:Governor in Council

94 The Governor in Council may make regulations

• (a) respecting the time and manner of making an application for career transition services, rehabilitation services, vocational assistance or compensation under this Act, and respecting the information that is required to accompany the application;

• (a.1) respecting what constitutes a barrier to re-establishment in civilian life;

• (b) respecting the time and manner of payment of compensation under this Act;

• (c) providing for the periodic adjustment of the amounts set out in Schedules 1 to 4;

• (d) providing for the payment or the reimbursement of fees for financial advice;

• (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 income replacement benefit, a Canadian Forces income support benefit, pain and suffering compensation, additional pain and suffering compensation 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, allowance, pain and suffering compensation or additional pain and suffering compensation 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;

• (h) respecting the time and manner of making an application for a review under sections 83 and 84;

• (i) respecting the processes and procedures to be followed by the Minister in making decisions under this Act;

• (i.1) [Repealed, 2018, c. 12, s. 152]

• (i.2) [Repealed, 2018, c. 12, s. 152]

• (j) prescribing any matter required or authorized by this Act to be prescribed;

• (j.1) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and

• (k) generally, for carrying out the purposes and provisions of this Act.

Marginal note:Transitional provisions — April 1, 2017

94.01 The Governor in Council may make regulations

• (a) respecting the provision of information or documents to the Minister by a person who may be entitled to an amount under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1; and

• (b) providing for the reimbursement of fees for financial advice obtained by a person in relation to an amount that is paid or payable to them under any of sections 100 to 103 of that Act.

Marginal note:Retroactive application of regulations

94.1 Regulations made in respect of the caregiver recognition benefit under sections 65.4 and 94 may, if they so provide, be retroactive.

PART 5Transitional Provisions

Limitation

Marginal note:Limitation

95 Sections 12, 22, 29 to 31 and 57 do not apply in respect of a member’s or veteran’s survivor or orphan, or a person who was, at the time of the member’s death, a dependent child, if the member’s or veteran’s death occurred before the coming into force of this section.

Special Duty Areas and Special Duty Operations

Marginal note:Effect of Special Duty Area Pension Order

96 The Special Duty Area Pension Order continued by subsection 5(1) of An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act, chapter 12 of the Statutes of Canada, 2003, has effect as if it were made under section 69.

Marginal note:Effect of designations under Pension Act

97 The designations made under section 91.2 or 91.3 of the Pension Act, as those sections read immediately before the coming into force of sections 69 and 70 of this Act, have effect as if they were made under section 69 or 70 of this Act, respectively.

Transitional Provisions Relating to Income Replacement Benefit

Definitions

Marginal note:Definitions

98 The following definitions apply in this section and in sections 99 to 129.

Consumer Price Index

Consumer Price Index means the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada. (indice des prix à la consommation)

former Act

former Act means this Act as it read immediately before April 1, 2019. (ancienne loi)

indexed

indexed means adjusted annually on January 1 in accordance with the annual percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year. (indexé)

new Act

new Act means this Act as it reads on April 1, 2019. (nouvelle loi)

Earnings Loss Benefit

Members and Veterans

Marginal note:Veterans’ deemed entitlement to income replacement benefit

• 99 (1) If, before April 1, 2019, the Minister determined, as a result of an assessment of a veteran’s needs under subsection 10(1) of the former Act, that a rehabilitation plan or a vocational assistance plan should be developed for the veteran in respect of a physical or a mental health problem and if, as a result of the Minister’s determination, an earnings loss benefit was payable to the veteran on March 31, 2019 under section 18 of the former Act, then the veteran is deemed, on April 1, 2019, to be entitled to an income replacement benefit under section 18 of the new Act in respect of that health problem and the following rules apply in respect of the veteran:

  • (a) for the purposes of subsection 18(2) of the new Act, the veteran is deemed, on April 1, 2019, to be informed of their entitlement to the income replacement benefit;

  • (b) despite subsection 18(3) of the new Act, the benefit begins to be payable to the veteran on April 1, 2019;

  • (c) the physical or mental health problem in respect of which the veteran is deemed to be entitled to the benefit is deemed to be the physical or mental health problem referred to in subsection 18(5) or (7) of the new Act;

  • (d) if, on a day before April 1, 2019, the Minister determined that the veteran has a diminished earning capacity that is due to the physical or mental health problem in respect of which the veteran is deemed to be entitled to the benefit, the Minister is deemed to have made that determination, on that day, under subsection 18(5) of the new Act;

  • (e) if, on March 31, 2019, the veteran was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act, the veteran is deemed, on April 1, 2019, to be entitled to continue to receive the income replacement benefit under subsection 18(7) of the new Act; and

  • (f) the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is to be determined under subsection 19(1) or 19.1(1) of that Act, subject to subsections (2) to (5).

• Marginal note:Limitation — career progression factor

  (2) If the physical or mental health problem in respect of which the veteran is deemed to be entitled to the income replacement benefit under subsection (1) did not result primarily from service in the Canadian Forces and an increase to the career impact allowance was not payable to the veteran, under subsection 38(3) of the former Act, on March 31, 2019, then the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is determined under subsection 19(1) of that Act without any periodic adjustment in accordance with a career progression factor.

• Marginal note:Protected amount — veteran under age 65

  (3) If, in determining the amount of the income replacement benefit that is payable to the veteran for a given month, the amount determined for A in subsection 19(1) of the new Act is less than the sum of the following amounts, indexed until the time the benefit is payable, then the amount determined for A is to be replaced by that sum:

  • (a) the amount determined for A in subsection 19(1) of the former Act that was used to calculate the earnings loss benefit payable to the veteran under section 18 of that Act for the month of March 2019, and

  • (b) if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31, 2019, the amount of the increase that the veteran received for the month of March 2019 or, if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under that subsection for that month if the increase had been payable for the whole month.

• Marginal note:Protected amount — veteran 65 years or older

  (4) If, in determining the amount of the income replacement benefit that is payable to the veteran for a given month, the amount determined for A in subsection 19.1(1) of the new Act, indexed until the time the benefit is payable, is less than 70% of the sum of the following amounts, indexed until the time the benefit is payable, then the amount determined for A is to be replaced by 70% of the sum of the following amounts, indexed until the time the benefit is payable:

  • (a) the amount determined for A in subsection 19(1) of the former Act that was used to calculate the earnings loss benefit payable to the veteran under section 18 of that Act for the month of March 2019, and

  • (b) if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31, 2019, the amount of the increase that the veteran received for the month of March 2019 or, if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under that subsection for that month if the increase had been payable for the whole month.

• Marginal note:Minimum amount of income replacement benefit

  (5) Despite subsections (3) and (4), if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31, 2019, then the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is not to be less than,

  • (a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the benefit is payable; or

  • (b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the benefit is payable.

• Marginal note:Amount paid

  (6) If an increase to the career impact allowance was payable to a veteran referred to in subsection (1), under subsection 38(3) of the former Act, on March 31, 2019, then the Minister shall pay to the veteran, for every month for which the income replacement benefit is not payable to the veteran and that is included in the period beginning with the month of April 2019 and ending with the month in which the veteran dies, an amount equal to,

  • (a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the amount is payable under this subsection; or

  • (b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the amount is payable under this subsection.

• Marginal note:Non-application of subsection (6)

  (7) Subsection (6) does not apply if the Minister determines that the veteran’s eligibility for an amount that is payable under that subsection is based on a misrepresentation or the concealment of a material fact. The determination is deemed to be made under Part 2.

• Marginal note:Amount deemed to be compensation

  (8) An amount paid or payable under subsection (6) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

• Marginal note:Application of subsection 88(4)

  (9) Subsection 88(4) applies to an amount paid under subsection (6).