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Veterans Burial Regulations

Version of section 9 from 2014-03-31 to 2019-03-31:

  •  (1) For the purpose of facilitating the provision of financial assistance and gravemarkers under Part 1, as well as the administration of these Regulations, the Minister may enter into an agreement with the Corporation by which

    • (a) the Corporation determines the eligibility for and provides, on behalf of the Government of Canada, that assistance and gravemarkers in accordance with these Regulations; and

    • (b) the Minister reimburses the Corporation for any costs incurred under paragraph (a), by Parliamentary appropriation.

  • (2) An agreement must address

    • (a) the requirements for an application for financial assistance and gravemarkers under Part 1 and the procedure by which the application may be received by the Corporation, including any declarations and undertakings that the Corporation may require the applicant to make;

    • (b) the regular channels of communication to be used between the Corporation and the Department;

    • (c) the procedure to be followed for obtaining or verifying, from the records of the Department, relevant information concerning a person’s eligibility for financial assistance and gravemarkers under Part 1 or any other information necessary for the administration of these Regulations;

    • (d) the procedures to be followed by the Corporation when making determinations concerning a person’s eligibility under paragraph 2(a), including

      • (i) the identification of the representatives of the Corporation duly authorized to render those determinations,

      • (ii) the provision of any determination to the applicant, and

      • (iii) the provision of a notice to the applicant respecting any internal appeal process established by the Corporation;

    • (e) the procedures to be followed by the Corporation in respect of applications under paragraph 2(b), including

      • (i) referrals to the Department,

      • (ii) the provision of any determination to the applicant, and

      • (iii) the provision to the applicant of any review of a determination;

    • (f) the documentation and records to be kept by the Corporation in respect of applications, and the transfer of those documents and records to the Department;

    • (g) the determination and reimbursement to be made of the Corporation’s administrative and operating expenses by Parliamentary appropriation;

    • (h) the financial procedures to be used for reimbursing the Corporation, including

      • (i) the determination of the amounts and frequency of reimbursements to the Corporation, including refunds for expenditures made in a previous fiscal year,

      • (ii) the statistical and accounting information on which the reimbursements are to be based and the manner, form and frequency with which the Corporation must report that information,

      • (iii) the manner in which deductions may be made from reimbursements to the Corporation in respect of overpayments of financial assistance that are being recovered by the Corporation,

      • (iv) the conditions and manner in which reimbursements to the Corporation may be made in advance, and

      • (v) the standards by which the estimates and the budget of the Corporation must be prepared and its accounts must be kept;

    • (i) the business plans, operating budgets, capital budgets and performance reports to be submitted by the Corporation to the Minister;

    • (j) the audit of the Corporation’s accounts, the access that auditors and evaluators may have to the Corporation’s records relating to its functions under the agreement and the evaluation of the Corporation’s performance in light of the agreement;

    • (k) the safeguarding of any personal information as defined in the Privacy Act that may be collected by the Department or the Corporation for the purposes of these Regulations;

    • (l) the exercise by the Corporation of the rights or powers that the Minister has in respect of burial in any cemeteries and burial plots owned or controlled by the Government of Canada;

    • (m) the assumption or exclusion of any obligations or liabilities that might be incurred by the Corporation in connection with any function or procedure under the agreement;

    • (n) the notice to be given and the formalities required for a termination of the agreement; and

    • (o) the specification of which law governs the agreement and its interpretation.

  • (3) The Minister may

    • (a) terminate an agreement at any time after the notice and formalities required by the agreement have been given and may enter into similar agreements with one or more other bodies, in which case a reference to the corporation in section 4, 9 and 10 shall be read as a reference to the other body or bodies; or

    • (b) assign any of the functions referred to in this section to be carried out by employees of the Department.

  • (4) An agreement may be amended or replaced by subsequent agreements.

  • (5) The Minister must determine whether the conditions set out in paragraph (b) of the definition income-qualified civilian in section 1 or under subparagraph 2(b)(i), (ii) or (vi) are met and inform the Corporation of the determination.

  • (6) The Minister must advise the Corporation whether any deceased person was, at the time of death,

    • (a) a person entitled to a disability award or a pension under the Pension Act; or

    • (b) a person referred to in paragraph (a) of the definition income-qualified civilian in section 1 or a person referred to in any of subparagraphs 2(b)(ii) to (iv).

  • (7) The Minister must make available on request to the public

    • (a) the agreements in force and of any amendments to them; and

    • (b) the standards specified under section 7.

  • SOR/2006-50, s. 88
  • SOR/2013-110, s. 2
  • SOR/2014-74, s. 4
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