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

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.

Marginal note:Regulations

65.4 The Governor in Council may make regulations

• (a) defining care for the purposes of paragraphs 65.1(1)(b) and (c) and subsections 65.1(2) and (3); and

• (b) defining home for the purposes of paragraph 65.1(1)(c) and subsection 65.1(3).

PART 4General

Health Benefits

Marginal note:Group insurance program

• 66 (1) The Minister may

  • (a) establish or enter into a contract to acquire a group insurance program comparable to the Public Service Health Care Plan established by the Treasury Board;

  • (b) subject to the approval of the Treasury Board, set any terms and conditions in respect of the program, including those respecting the premiums or the contributions payable, the benefits and the management and control of the program;

  • (c) make the contributions and pay the premiums or the benefits, as required; and

  • (d) undertake and do all things that the Minister considers appropriate for the purpose of implementing and maintaining the program.

• Marginal note:Eligibility

  (2) A member, a veteran or a member’s or a veteran’s survivor may elect to participate in a group insurance program referred to in subsection (1) if they meet the prescribed eligibility requirements.

Designations

Marginal note:Designation by Minister

• 67 (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act.

• Marginal note:Limitation

  (2) If the Minister designates a person to make a decision under this Act, the Minister may not designate the same person to review the decision.

Definition of conditions of elevated risk

68 In paragraphs 69(1)(c) and 70(1)(c), conditions of elevated risk means a level of risk higher than that normally associated with service in peacetime.

Marginal note:Special duty areas

• 69 (1) The Minister of National Defence, after consulting the Minister, may by order designate an area as a special duty area if

  • (a) the area is outside Canada;

  • (b) members have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 71; and

  • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

• Marginal note:Period of designation

  (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than January 1, 1949 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Marginal note:Special duty operations

• 70 (1) The Minister of National Defence, after consulting the Minister, may by order designate as a special duty operation any operation, or any component of it, if

  • (a) the operation is of a type referred to in section 71;

  • (b) members have been deployed, or will be deployed, as part of that operation; and

  • (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk.

• Marginal note:Period of designation

  (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than September 11, 2001 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.

Marginal note:Types of operations

71 For the purposes of paragraphs 69(1)(b) and 70(1)(a), the types of operations are as follows:

• (a) an armed conflict;

• (b) an operation authorized under the Charter of the United Nations, the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar treaty instrument;

• (c) an international or a multinational military operation;

• (d) an operation authorized to deal with a national emergency, as that term is defined in section 3 of the Emergencies Act, in respect of which a declaration of emergency is made under that Act;

• (e) an operation authorized under section 273.6 or Part VI of the National Defence Act, or other similar operation authorized by the Governor in Council;

• (f) an operation that, in the opinion of the Minister of National Defence, is a search and rescue operation;

• (g) an operation that, in the opinion of the Minister of National Defence, is a disaster relief operation;

• (h) an operation that, in the opinion of the Minister of National Defence, is a counter-terrorism operation; and

• (i) an operation involving a level of risk that, in the opinion of the Minister of National Defence, is comparable to that normally associated with an operation referred to in paragraphs (a) to (e).

Marginal note:Statutory Instruments Act does not apply

72 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 69 or 70.

Powers of Minister

Marginal note:Examination or assessment

73 The Minister may require a person who applies for rehabilitation services or compensation under this Act to undergo a medical examination or an assessment by a person specified by the Minister.

Marginal note:Expenses

• 74 (1) The Minister may pay to a person who undergoes a medical examination or an assessment at the Minister’s request a reasonable amount for their travel and living expenses incurred by reason of the medical examination or the assessment.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations respecting the payment of those expenses.

Marginal note:Fees

75 A person who, at the request of the Minister, conducts a medical examination or performs an assessment for the purposes of this Act is entitled to be paid the fee that may be fixed by the Minister.

Transition to Civilian Life

Marginal note:Information and guidance

75.1 In order to aid a member or a veteran in their transition to civilian life, the Minister may provide them with information and guidance regarding the services, assistance and compensation for which they may be eligible taking into consideration their particular circumstances.

Marginal note:Application from member before transition

75.2 The Minister may consider an application for any services, assistance or compensation under this Act from a member, make a decision in respect of the application and conduct any required assessment even though the member may not be eligible for that service, assistance or compensation until they become a veteran.

Procedure

Marginal note:Application made to Minister

• 76 (1) An application for career transition services, rehabilitation services, vocational assistance or compensation under this Act shall be made to the Minister in the form directed by the Minister and shall include any information that is required by the regulations to accompany the application.

• Marginal note:Consideration of application

  (2) Subject to subsection (3), the Minister shall consider an application without delay after its receipt and, in considering the application, may

  • (a) investigate the facts stated in the application and any other matter related to the application; and

  • (b) collect any material and information relevant to the application.

• Marginal note:Refusal to consider

  (3) If a time is prescribed for making an application, the Minister shall refuse to consider an application made after that time unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances.

Marginal note:Decisions shall be made expeditiously

77 Any decisions of the Minister or a person designated under section 67 shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.

Marginal note:Powers under Inquiries Act

• 78 (1) The Minister has all the powers of a commissioner appointed under Part I of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act.

• Marginal note:Administering oaths, etc.

  (2) Any officer or employee of the Department of Veterans Affairs authorized by the Minister may, in the course of their employment or service, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of or incidental to the administration of this Act, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits.

• Marginal note:Acceptance of oaths, etc.

  (3) The Minister may accept, for the purpose of the administration of this Act, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or an employee of

  • (a) a department in, or other portion of, the federal public administration specified in Schedules I, IV or V to the Financial Administration Act; or

  • (b) a department of the government of a province.