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

18.01 For the purposes of sections 18 and 20, minimum amount means the minimum amount of imputed income of, or in respect of, a member or veteran that is set out in section 18.02.

18.02 Subject to section 21, the minimum amount referred to in sections 18 and 20 is $4,500 per month.

• 18 (1) For the purposes of subsection 19(1) of the Act, the imputed income of a veteran referred to in subsection 18(1) of the Act is equal to

  • (a) in the case of a veteran whose final release was from the regular force, the greater of the value of the veteran’s monthly military salary at the time of release and the value of the minimum amount; and

  • (b) in the case of a veteran whose final release was from the reserve force, if the event that resulted in the physical or mental health problem occurred

    • (i) during regular force service, the greater of the value of the veteran’s monthly military salary at the time of release from that service and the value of the minimum amount,

    • (ii) at any time during Class C Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class C Reserve Service and the value of the minimum amount, and

    • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class A Reserve Service or Class B Reserve Service and the value of the minimum amount.

• (2) The value of the monthly military salary and of the minimum amount referred to in subsection (1) are determined on the date on which the benefit is payable and in each subsequent year, taking into account the adjustments referred to in subsections 21(1) and 21.1(1).

• (3) For the purposes of subsection 115(2) of the Act, the imputed income that is taken into account in the determination of the benefit referred to in that subsection is equal to

  • (a) in the case of a veteran whose final release was from the regular force, the greater of the value of the veteran’s monthly military salary at the time of release and the value of the minimum amount; and

  • (b) in the case of a veteran whose final release was from the reserve force, if the event that resulted in the physical or mental health problem occurred

    • (i) during regular force service, the greater of the value of the veteran’s monthly military salary at the time of release from that service and the value of the minimum amount,

    • (ii) at any time during Class C Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class C Reserve Service and the value of the minimum amount, and

    • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class A Reserve Service or Class B Reserve Service and the value of the minimum amount.

• (4) The value of the monthly military salary and of the minimum amount referred to in subsection (3) are determined on March 31, 2019, taking into account the adjustments referred to in subsection 21(1).

19 [Repealed, SOR/2018-177, s. 7]

• 20 (1) For the purposes of subsection 23(1) of the Act, the imputed income of a member referred to in subsection 22(1) of the Act is equal to

  • (a) in the case of a member who dies during regular force service, the greater of the value of the member’s monthly military salary at the time of death and the value of the minimum amount; and

  • (b) in the case of a member who dies during reserve force service, if the injury or disease that resulted in the death was incurred, contracted or aggravated, as the case may be,

    • (i) during regular force service, the greater of the value of the member’s monthly military salary at the time of release from that service and the value of the minimum amount,

    • (ii) at any time during Class C Reserve Service, the greater of the value of the member’s monthly military salary — on the earlier of the date of completion of the Class C Reserve Service and the date of the member’s death — and the value of the minimum amount, and

    • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the member’s monthly military salary — on the earlier of the date of completion of the Class A Reserve Service or Class B Reserve Service and the date of the member’s death — and the value of the minimum amount.

• (2) The value of the monthly military salary and of the minimum amount referred to in subsection (1) are determined on the date on which the benefit is payable and in each subsequent year, taking into account the adjustments referred to in subsections 21(1) and 21.1(1).

• (3) For the purposes of subsection 23(1) of the Act, the imputed income of a veteran referred to in subsection 22(1) of the Act is equal to

  • (a) in the case of a deceased veteran whose final release was from the regular force, the greater of the value of the veteran’s monthly military salary at the time of release and the value of the minimum amount; and

  • (b) in the case of a deceased veteran whose final release was from the reserve force, if the injury or disease that resulted in the death was incurred, contracted or aggravated, as the case may be,

    • (i) during regular force service, the greater of the value of the veteran’s monthly military salary at the time of release from that service and the value of the minimum amount,

    • (ii) at any time during Class C Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class C Reserve Service and the value of the minimum amount, and

    • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class A Reserve Service or Class B Reserve Service and the value of the minimum amount.

• (4) The value of the monthly military salary and of the minimum amount referred to in subsection (3) are determined on the date on which the benefit is payable and in each subsequent year, taking into account the adjustments referred to in subsections 21(1) and 21.1(1).

• (5) For the purposes of subsection 118(2) of the Act, the imputed income that is taken into account in the determination of the benefit referred to in that subsection is equal to

  • (a) in the case of a deceased veteran whose final release was from the regular force, the greater of the value of the veteran’s monthly military salary at the time of release and the value of the minimum amount; and

  • (b) in the case of a deceased veteran whose final release was from the reserve force, if the event that resulted in the physical or mental health problem occurred

    • (i) during regular force service, the greater of the value of the veteran’s monthly military salary at the time of release from that service and the value of the minimum amount,

    • (ii) at any time during Class C Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class C Reserve Service and the value of the minimum amount, and

    • (iii) at any time during Class A Reserve Service or Class B Reserve Service, the greater of the value of the veteran’s monthly military salary on the date of completion of the Class A Reserve Service or Class B Reserve Service and the value of the minimum amount.

• (6) The value of the monthly military salary and of the minimum amount referred to in subsection (5) are determined on March 31, 2019, taking into account the adjustment referred to in subsection 21(1).

• 21 (1) The monthly military salary and the minimum amount referred to in sections 18 and 20 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 adjustments referred to in subsection (1) shall be made

  • (a) in the case of the monthly military salary, beginning at the time of release or on the date of completion of service or death of the member or veteran, as the case may be; and

  • (b) in the case of the minimum amount, beginning on April 1, 2019.

• (3) The amount determined for A in subsection 19.1(1) of the Act 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, unless that amount has been replaced under subsection 99(4) or 115(3) of the Act.

• (4) The income replacement benefit determined in accordance with subsection 26.1(1) of the Act 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, unless that amount has been replaced under subsection 118(3) of the Act.

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

• (6) For greater certainty, if the adjustments referred to in this section apply in respect of a period during a calendar year, that period is considered to be the calendar year for the purpose of that adjustment.

• 21.1 (1) The monthly military salary of a veteran referred to in subsection 18(7) of the Act and a member or veteran referred to in subsection 22(1) of the Act shall be adjusted annually on January 1, beginning at the time of release or on the date of completion or death of the member or veteran, as the case may be, in accordance with the formula

  A + (A × B)

  where

  A

  is the value of the monthly military salary on the date on which it is adjusted; and

  B

  is a career progression factor that is equal to 1%.

• (2) The adjustments made to the monthly military salary under subsections 21(1) and 21.1(1) shall be made independently of one another.

• (3) For greater certainty, if the adjustment referred to in subsection (1) applies in respect of a period during a calendar year, that period is considered to be the calendar year for the purpose of that adjustment.

• (4) The adjustment referred to in subsection (1) shall not take effect, in respect of the amount of the income replacement benefit to be paid to a veteran, until the first day of the month in which the Minister determines under subsection 18(5) of the Act that the veteran has a diminished earning capacity that is due to a physical or mental health problem.

• 21.2 (1) For the purposes of paragraphs 19(3)(a) and 23(5)(a) of the Act, the prescribed number of years of service in the Canadian Forces is not more than 20 years and includes the number of years served by the veteran from the date of enrolment to the date of final release, without regard to periods of interrupted service, as well as any subsequent year after their final release.

• (2) For the purpose of calculating years of service, one year is equal to 365.24 days, consecutive or not.

• 22 (1) The following sources are prescribed for the purpose of the determination of B in subsection 19(1) of the Act:

  • (a) benefits payable under the Canadian Forces Superannuation Act, the Public Service Superannuation Act or the Employment Insurance Act;

  • (b) benefits payable under the Canada Pension Plan or the Act respecting the Québec Pension Plan, CQLR, c. R-9;

  • (c) benefits payable under any employer-sponsored long-term disability insurance plan;

  • (d) compensation payable in respect of economic loss under the Government Employees Compensation Act or any provincial workers’ compensation legislation;

  • (e) amounts payable in respect of economic loss arising from a legal liability to pay damages;

  • (f) benefits payable under an employer-sponsored pension plan;

  • (g) employment income in excess of $20,000 earned in a calendar year;

  • (h) benefits payable under Part I of the Royal Canadian Mounted Police Superannuation Act; and

  • (i) benefits payable under the Old Age Security Act.

• (2) Any amounts payable to a veteran for a dependent child or in respect of the veteran’s deceased spouse or common-law partner are not to be included under subsection (1).

• (3) An amount set out in subsection (1) that is paid to a veteran, other than on a monthly basis, before April 1, 2019 shall cease to be an amount from a prescribed source on the first day of the month after the month in which the veteran attains the age of 65 years.