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

22.1 For the purposes of paragraph 22(1)(g), the following are taken into account in determining the annual employment income of a veteran referred to in subsection 19(1) of the Act:

• (a) in the first year during which the income replacement benefit begins to be payable, employment income earned during the period beginning on the first day of the month in which the benefit begins to be payable to the veteran and ending on December 31 of that year; and

• (b) in subsequent years, employment income earned in each calendar year.

• 23 (1) The following sources are prescribed for the purposes of subsection 23(3) of the Act in respect of a member or veteran referred to in paragraph 23(1)(a) of the Act:

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

  • (g) benefits payable under Part I of the Royal Canadian Mounted Police Superannuation Act.

• (2) The following sources are prescribed for the purposes of subsection 23(3) of the Act in respect of a member or veteran referred to in paragraph 23(1)(b) of the Act:

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

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

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

  • (d) benefits payable under the Old Age Security Act;

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

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

  • (g) benefits payable under an employer-sponsored pension plan.

• (3) Any amounts payable to a survivor for a dependent child are not to be included under subsections (1) and (2).

• (4) An amount set out in subsection (1) that is paid to a survivor, 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 member or veteran, if alive, would have attained the age of 65 years.

• 24 (1) If, during a calendar year, an amount from a prescribed source referred to in subsection 22(1) or 23(1) or (2) is paid other than on a monthly basis, it shall be converted into an amount payable for a month by dividing the total amount paid from that source by 12 and

  • (a) if it relates to the calendar year in which it is paid, shall be considered for the purpose of that calendar year;

  • (b) if it relates to a previous calendar year, shall be considered for the purpose of that previous calendar year; and

  • (c) if it relates to a subsequent calendar year, shall be considered for the purpose of the calendar year in which it is paid.

• (2) If an amount from a prescribed source is paid to a veteran referred to in section 99 of the Act or to a survivor referred to in section 106 of the Act, other than on a monthly basis, before April 1, 2019, it shall be converted into a monthly payment in accordance with generally accepted actuarial principles.

• 24.1 (1) The following sources are prescribed for the purpose of the determination of B in subsection 19.1(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 Part I of the Royal Canadian Mounted Police Superannuation Act;

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

  • (d) benefits payable under the Old Age Security Act;

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

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

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

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

• (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).

24.2 For the purposes of paragraph 24.1(1)(h), the following are taken into account in determining the annual employment income of a veteran referred to in subsection 19.1(1) of the Act:

• (a) in the first year during which the income replacement benefit begins to be payable, employment income earned during the period beginning on the first day of the month in which the benefit begins to be payable to the veteran and ending on December 31 of that year; and

• (b) in subsequent years, employment income earned in each calendar year.

• 24.3 (1) The following sources are prescribed for the purposes of subsection 26.1(3) of the Act:

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

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

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

  • (d) benefits payable under the Old Age Security Act;

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

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

  • (g) benefits payable under an employer-sponsored pension plan.

• (2) Any amounts payable to a survivor for a dependent child are not to be included under subsection (1).

24.4 If, during a calendar year, an amount from a prescribed source referred to in subsection 24.1(1) or 24.3(1) is paid other than on a monthly basis, it shall be converted into an amount payable for a month by dividing the total amount paid from that source by 12 and

• (a) if it relates to the calendar year in which it is paid, shall be considered for the purpose of that calendar year;

• (b) if it relates to a previous calendar year, shall be considered for the purpose of that previous calendar year; and

• (c) if it relates to a subsequent calendar year, shall be considered for the purpose of the calendar year in which it is paid.

• 25 (1) A person referred to in subsection 19(1) or paragraph 23(1)(a) of the Act who is entitled to an income replacement benefit shall

  • (a) in the case of a veteran, notify the Minister of their employment income and provide the Minister with an annual statement of their employment income;

  • (b) notify the Minister of any change to amounts payable from sources referred to in subsection 22(1) or 23(1);

  • (c) provide the Minister with annual statements of amounts payable from sources referred to in subsection 22(1) or 23(1); and

  • (d) at the Minister’s request, provide any other information or documents that are necessary to enable the Minister to assess the person’s continued eligibility for the benefit or to determine the amount of the benefit payable.

• (2) A person referred to in subsection 19.1(1), paragraph 23(1)(b) or subsection 26.1(1) of the Act who is entitled to an income replacement benefit shall

  • (a) in the case of a veteran, notify the Minister of their employment income;

  • (b) notify the Minister of any change to amounts payable from sources referred to in subsection 23(2), 24.1(1) or 24.3(1); and

  • (c) at the Minister’s request, provide any other information or documents that are necessary to enable the Minister to assess the person’s continued eligibility for the benefit or to determine the amount of the benefit payable.

• 25.1 (1) For the purposes of section 21 of the Act, the Minister may suspend the payment of an income replacement benefit to a veteran who fails to do either of the following until the situation that gave rise to the suspension is resolved:

  • (a) provide the information or documents required under section 25; or

  • (b) comply with paragraph 18(2)(b) of the Act.

• (2) For the purposes of section 26.2 of the Act, the Minister may suspend the payment of an income replacement benefit to a person who is entitled to that benefit if they fail to provide the information or documents required under section 25 until the information and documents are provided.

• (3) Before suspending the payment of the income replacement benefit, the Minister shall provide the person with written notification of the reasons for the suspension and the effective date of the suspension.

• 26 (1) For the purposes of sections 21 and 26.2 of the Act, the Minister may cancel the payment of an income replacement benefit if

  • (a) the situation that gave rise to the suspension of the payment of the benefit is not resolved within six months from the effective date of the suspension; or

  • (b) the assessment of the person’s eligibility for the benefit or the determination of the amount payable was based on a misrepresentation or the concealment of a material fact.

• (2) On cancelling the payment of the income replacement benefit, 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.