Veterans Well-being Regulations (SOR/2006-50)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Veterans Well-being Act. (Loi)

Class A Reserve Service

Class A Reserve Service has the same meaning as in subarticle 9.06(1) of the Queen’s Regulations and Orders for the Canadian Forces and includes proceeding to and returning from the place where the training or duty is performed. (service de réserve de classe A)

Class B Reserve Service

Class B Reserve Service has the same meaning as in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces. (service de réserve de classe B)

Class C Reserve Service

Class C Reserve Service has the same meaning as in article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces. (service de réserve de classe C)

emergency

emergency has the same meaning as in subsection 2(1) of the National Defence Act. (état d’urgence)

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)

1.1 For the purposes of Parts 2 and 3 of the Act, barrier to re-establishment in civilian life means the presence of a disability or a temporary or permanent physical or mental health problem that limits or prevents an individual’s reasonable performance in civilian life of their roles in the workplace, home or community.

PART 1Career Transition Services

2 The following career transition services may be provided under Part 1 of the Act:

• (a) the provision of labour market information;

• (b) career counselling; and

• (c) job-finding assistance.

3 An application under subsection 3(1) of the Act shall be made in writing and shall include, at the Minister’s request, any information or documents that are necessary to enable the Minister to assess the applicant’s eligibility for the services.

• 4 (1) For the purposes of subsection 3(2) of the Act, a member’s absences from Canada shall be deemed not to have interrupted residence in Canada.

• (2) For the purposes of subsections 3(3) and (4) of the Act, any intervals of absence from Canada totalling 183 days or less during a calendar year shall be deemed not to have interrupted residence in Canada.

• 4.1 (1) For the purposes of section 5 of the Act, the Minister may suspend the provision of career transition services so long as the person does not participate to the extent required to meet the objectives of the career transition plan.

• (2) Before suspending the provision of the services, the Minister shall provide the person with written notification of the reasons for the suspension and the effective date of the suspension.

• 4.2 (1) For the purposes of section 5 of the Act, the Minister may cancel the provision of career transition services if

  • (a) the person’s eligibility was based on a misrepresentation or the concealment of a material fact; or

  • (b) a suspension under section 4.1 continues for at least six months.

• (2) On cancelling the provision of the services, the Minister shall provide the person with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights of review.

PART 1.1Education and Training Benefit

5 An application under section 5.2 of the Act shall be made in writing and shall include

• (a) the length and type of service; and

• (b) at the Minister’s request, any other information or documents that are necessary to enable the Minister to assess the applicant’s eligibility for the benefit.

5.01 For the purposes of paragraph 5.‍2(1)‍(a) of the Act, the length of service in the reserve force is to be determined in accordance with section 3 of the Canadian Forces Superannuation Regulations.

5.02 For the purposes of subsection 5.3(2) of the Act, a veteran shall provide

• (a) for the initial period of study, an education and training plan that includes

  • (i) the name and description of the course of study,

  • (ii) the tuition fees and any other related fees for which the veteran is requesting payment, and

  • (iii) the anticipated duration of the course of study for the veteran; and

• (b) for any subsequent period of study,

  • (i) the tuition fees and any other related fees for which the veteran is requesting payment, and

  • (ii) the results obtained for the previous period of study.

5.03 For the purposes of section 5.4 of the Act, the prescribed amount of the education and training completion bonus is $1,000.

5.04 An application for an education and training completion bonus under section 5.4 of the Act shall be in writing and shall include proof of the degree, diploma, certification or designation received.

5.05 For the purposes of subsection 5.5(2) of the Act, the prescribed maximum cumulative amount is $5000.

5.06 The following information is prescribed for the purposes of subsection 5.5(3) of the Act:

• (a) the duration of the education or training; and

• (b) proof of enrolment.

5.07 For the purposes of subsection 5.9(3) of the Act, the Minister may pay an education and training benefit after it would otherwise cease to be payable if

• (a) due to circumstances beyond the veteran’s control, the veteran is unable to complete their course of study before the benefit ceases to be payable under subsection 5.9(1) of the Act; and

• (b) the veteran notifies the Minister as soon as practicable after the circumstances arise.

• 5.08 (1) The amounts referred to in subsection 5.2(2) of the Act and the amount set out in section 5.05 of these Regulations shall be adjusted annually on January 1 in accordance with the percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year.

• (2) The Consumer Price Index is the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada.

5.09 For the purposes of paragraph 5.2(1)(b) of the Act, an honourable release is a release for any of the following reasons:

• (a) medical;

• (b) voluntary; and

• (c) service completed.

• 5.1 (1) For the purposes of section 5.92 of the Act, the Minister may suspend the payment of an education and training benefit if the results obtained by the veteran for previous periods of study demonstrate that the veteran is not

  • (a) progressing in the course of study to the extent required to meet the objectives of their education and training plan; or

  • (b) maintaining satisfactory academic standing within the educational institution.

• (2) Before suspending the payment of the benefit, the Minister shall provide the veteran with written notification of the reasons for the suspension and the effective date of the suspension.

• 5.11 (1) For the purposes of section 5.92 of the Act, the Minister may cancel an education and training benefit if

  • (a) the veteran’s eligibility for the benefit was based on a misrepresentation or the concealment of a material fact;

  • (b) the results obtained by the veteran whose payment is suspended under subsection 5.1(1) for a previous period of study continue to demonstrate that the veteran is not

    • (i) progressing in the course of study to the extent required to meet the objectives of their education and training plan, or

    • (ii) maintaining satisfactory academic standing within the educational institution; or

  • (c) the veteran fails to comply with a request made under subsection 5.3(2) and (3) or 5.5(3) and (4) of the Act for at least six months after the day on which the request is made.

• (2) On cancelling the education and training benefit, the Minister shall provide the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights of review.

PART 2Rehabilitation Services, Vocational Assistance and Financial Benefits

Interpretation

• 6 (1) The definitions in this section apply for the purpose of Part 2 of the Act.

  barrier to re-establishment in civilian life

  barrier to re-establishment in civilian life[Repealed, SOR/2018-177, s. 2]

  diminished earning capacity

  diminished earning capacity means, in relation to a veteran, that the veteran is incapacitated by a permanent physical or mental health problem that prevents them from performing any occupation that would be considered to be suitable gainful employment. (diminution de la capacité de gain)

  suitable gainful employment

  suitable gainful employment[Repealed, SOR/2016-240, s. 1]

  totally and permanently incapacitated

  totally and permanently incapacitated[Repealed, SOR/2016-240, s. 1]

• (2) In this section, suitable gainful employment means, in relation to a veteran, employment for which the veteran is reasonably qualified by reason of education, training and experience and that provides a monthly rate of pay equal to at least 66 2/3% of the imputed income of the veteran as referred to in subsection 19(1) of the Act.

Rehabilitation Services and Vocational Assistance

7 [Repealed, SOR/2018-177, s. 3]

8 For the purposes of subsection 10(4) and paragraph 13(4)(a) of the Act, the Minister shall have regard to the following principles:

• (a) that the provision of services be focused on addressing the needs of the applicant;

• (b) that the provision of services will involve family members to the extent required to facilitate the rehabilitation;

• (c) that the services be provided as soon as practicable;

• (d) that the services provided be focused on building the applicant’s education, skills, training and experience; and

• (e) that the services provided not be focused solely on the applicant’s military occupation.

9 For the purposes of subsection 10(4) and paragraph 13(4)(a) of the Act, the Minister shall have regard to the following factors:

• (a) the potential for improvement to an applicant’s physical, psychological and social functioning, employability and quality of life;

• (b) the need for family members to be involved in the provision of services;

• (c) the availability of local resources;

• (d) the motivation, interest and aptitudes of the applicant;

• (e) the cost effectiveness of the plan; and

• (f) the duration of the plan.

10 An application for rehabilitation services or vocational assistance shall be in writing and shall be accompanied by

• (a) in the case of a veteran’s application,

  • (i) medical reports or other records that document the veteran’s physical or mental health problem,

  • (ii) any information or document that indicates the nature of the veteran’s service in the Canadian Forces, and

  • (iii) any other information or document that indicates the circumstances of the veteran’s physical or mental health problem that the veteran considers to be relevant in support of the application;

• (b) in the case of a survivor’s application,

  • (i) a copy of the member’s or veteran’s death certificate, and

  • (ii) medical reports or other records that document the member’s or veteran’s injury or disease, diagnosis and cause of death;

• (c) a declaration attesting to the truth of the information provided; and

• (d) at the Minister’s request, any other information or documents that are necessary to enable the Minister to assess the applicant’s eligibility.