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

Marginal note:Assessment of needs

• 4 (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 the career transition services that may be provided to them under this Part.

• Marginal note:Career transition plan

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

• Marginal note:Development of plan

  (3) In developing a career transition plan, the Minister shall have regard to any prescribed principles.

Marginal note:Suspend or cancel

5 The Minister may, in the prescribed circumstances, suspend or cancel the provision of career transition services to a person under this Part.

Marginal note:Regulations

5.1 The Governor in Council may make regulations

• (a) respecting the career transition services that may be provided under this Part; and

• (b) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of subsections 3(2) to (4).

PART 1.1Education and Training Benefit

Marginal note:Definitions

5.11 The following definitions apply in this Part.

regular force

regular force has the same meaning as in subsection 2(1) of the National Defence Act. (force régulière)

reserve force

reserve force has the same meaning as in subsection 2(1) of the National Defence Act. (force de réserve)

Supplementary Reserve

Supplementary Reserve has the meaning assigned by article 2.034 of the Queen’s Regulations and Orders for the Canadian Forces. (Réserve supplémentaire)

veteran

veteran means a former member or a member of the Supplementary Reserve. (vétéran)

Marginal note:Eligibility — veterans

• 5.2 (1) The Minister may, on application, pay an education and training benefit to a veteran in accordance with section 5.3 or 5.5 if the veteran

  • (a) served for a total of at least six years in the regular force, in the reserve force or in both; and

  • (b) was honourably released from the Canadian Forces on or after April 1, 2006 or was transferred from the regular force or another subcomponent of the reserve force to the Supplementary Reserve on or after that date.

• Marginal note:Maximum cumulative amount

  (2) The maximum cumulative amount that the Minister may pay to a veteran is $40,000 or, if the veteran served for a total of at least 12 years in the regular force, in the reserve force or in both, $80,000.

• (3) [Repealed, 2019, c. 29, s. 319]

Marginal note:Course of study at educational institution

• 5.3 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part in respect of

  • (a) education or training received from an educational institution as part of a course of study leading to the completion of a degree, diploma, certification or designation; and

  • (b) any expenses, including living expenses, that may be incurred by the veteran while enrolled at the institution.

• Marginal note:Request for payment

  (2) A veteran requesting payment in respect of education or training described in paragraph (1)(a) shall provide the Minister with proof of acceptance, enrolment or registration at the institution for an upcoming period of study and with any prescribed information.

• Marginal note:Additional information

  (3) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (4).

• Marginal note:Minister’s determination

  (4) On being provided with the proof and information, the Minister shall, if he or she is satisfied that the requested payment may be made to the veteran, determine

  • (a) the amount of the payment;

  • (b) the period of study to which that amount is allocated; and

  • (c) the day on which the payment is to be made.

• Marginal note:Payment day

  (5) The day on which the payment is to be made must be no earlier than the 60th day before

  • (a) the day on which fees for the education or training are due to be paid to the institution in respect of the period of study; or

  • (b) the day on which the period of study begins, if the institution fixes no day on which the fees are due.

Marginal note:Education and training completion bonus

5.4 On application, the Minister may pay, over and above an education and training benefit, an education and training completion bonus in the prescribed amount to a veteran who receives a degree, diploma, certification or designation in respect of which they received a payment of an education and training benefit under section 5.3.

Marginal note:Other education or training

• 5.5 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part for fees charged by the provider of any education or training, other than education or training described in paragraph 5.3(1)(a), that is approved by the Minister.

• Marginal note:Maximum cumulative amount

  (2) The maximum cumulative amount that may be paid to a veteran for such fees is the prescribed amount.

• Marginal note:Request for payment

  (3) A veteran requesting payment for such fees shall provide the Minister with a description of the education or training, the amount of the fees, the name of the provider and any prescribed information.

• Marginal note:Additional information

  (4) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (5).

• Marginal note:Minister’s determination

  (5) On being provided with the information referred to in subsections (3) and (4), the Minister may approve the education or training and shall, if he or she gives the approval and is satisfied that the requested payment may be made to the veteran, determine

  • (a) the amount of the payment; and

  • (b) the day on which the payment is to be made.

• Marginal note:Payment day

  (6) The day on which the payment is to be made must be no earlier than the 60th day before

  • (a) the day on which fees for the education or training are due to be paid to the provider; or

  • (b) the day on which the education or training begins, if the provider fixes no day on which the fees are due.

Marginal note:No payment to member

5.6 For greater certainty, the Minister is not permitted to pay an education and training benefit to a person who is a member unless that person is a member of the Supplementary Reserve.

Marginal note:No payment — other services or benefit

5.7 The Minister is not permitted to pay an education and training benefit to a veteran if they are being provided with rehabilitation services under Part 2, or are entitled to a Canadian Forces income support benefit under that Part.

Marginal note:Limitation — incarceration

5.8 If a veteran is incarcerated in a correctional institution and is not responsible for paying their living expenses, the Minister may limit the amount of an education and training benefit payable to the veteran to the amount that is, in the Minister’s opinion, required to allow the veteran to participate in the education or training.

Marginal note:Duration of benefit

• 5.9 (1) An education and training benefit ceases to be payable to a veteran on the day after the 10th anniversary of the later of

  • (a) the day on which the veteran was last honourably released from the regular force or from a subcomponent of the reserve force other than the Supplementary Reserve; and

  • (b) the day on which the veteran was last transferred to the Supplementary Reserve.

• Marginal note:Exception — minimum period

  (1.1) Despite subsection (1),

  • (a) an education and training benefit is payable until at least April 1, 2028 to a veteran who is eligible for the benefit on April 1, 2018; and

  • (b) an education and training benefit is payable until at least July 5, 2029 to a veteran who is a member of the Supplementary Reserve on July 5, 2019.

• Marginal note:Exception — release from Supplementary Reserve

  (1.2) Despite subsection (1), an education and training benefit is payable until at least the 10th anniversary of the day on which a veteran was honourably released from the Supplementary Reserve if the veteran was honourably released from the Supplementary Reserve during the period beginning on April 1, 2018 and ending on July 4, 2019.

• Marginal note:Education or training ending after cessation

  (2) A payment of an education and training benefit that is made before the day on which the benefit ceases to be payable may be made in respect of education or training that ends on or after that day.

• Marginal note:Exception

  (3) Despite subsection (1), the Minister may, in the prescribed circumstances, pay an education and training benefit after it would otherwise cease to be payable.

Marginal note:Limitation

5.91 The Minister is not permitted to pay an education and training benefit to a veteran after the day on which they receive the last of the payments totalling the maximum cumulative amount to which they are entitled on that day, despite any adjustment to the maximum cumulative amount that is made under the regulations after that day.

Marginal note:Suspension or cancellation

5.92 The Minister may, in the prescribed circumstances, suspend the payment of an education and training benefit or cancel the benefit.