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42-43-44 ELIZABETH II |
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CHAPTER 18 |
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An Act to establish the Veterans Review and
Appeal Board, to amend the Pension Act,
to make consequential amendments to
other Acts and to repeal the Veterans
Appeal Board Act
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[Assented to 22nd June, 1995]
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Veterans
Review and Appeal Board Act.
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INTERPRETATION |
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| Definitions
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2. In this Act,
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| ``Board'' « Tribunal »
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``Board'' means the Veterans Review and
Appeal Board established by section 4;
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| ``Bureau'' « Bureau »
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``Bureau'' means the Bureau of Pensions
Advocates continued by section 6.1 of the
Department of Veterans Affairs Act;
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| ``member'' Version anglaise seulement
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``member'' means a permanent or temporary
member of the Board;
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Veterans
Affairs or such other member of the
Queen's Privy Council for Canada as may
be designated by the Governor in Council as
the Minister for the purposes of this Act;
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| ``prescribed''
Version
anglaise
seulement
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``prescribed'' means prescribed by the
regulations.
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| Construction
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3. The provisions of this Act and of any
other Act of Parliament or of any regulations
made under this or any other Act of Parliament
conferring or imposing jurisdiction, powers,
duties or functions on the Board shall be
liberally construed and interpreted to the end
that the recognized obligation of the people
and Government of Canada to those who have
served their country so well and to their
dependants may be fulfilled.
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ESTABLISHMENT OF BOARD |
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| Establish- ment of Board
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4. There is hereby established an
independent board, to be known as the
Veterans Review and Appeal Board,
consisting of not more than twenty-nine
permanent members to be appointed by the
Governor in Council and such number of
temporary members as are appointed in
accordance with section 6.
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| Permanent
members
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5. (1) A permanent member holds office
during good behaviour.
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| Term
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(2) A permanent member shall be appointed
for a term not exceeding ten years and is
eligible to be reappointed.
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| Temporary
members
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6. (1) The Governor in Council may appoint
temporary members of the Board whenever, in
the opinion of the Governor in Council, the
workload of the Board so requires.
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| Tenure
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(2) A temporary member holds office
during good behaviour.
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| Term
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(3) A temporary member shall be appointed
for a term not exceeding two years and is
eligible to be reappointed for one additional
term.
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| Acting after
ceasing to
hold office
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7. (1) A person who has resigned or
otherwise ceased to hold office as a member
may, at the request of the Chairperson, at any
time within eight weeks after that event, make
or take part in the disposition of any appeal,
review, reference or other matter in which the
person became engaged while holding that
office, and a person performing duties under
this subsection is deemed to be a temporary
member of the Board.
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| Disposition
where
member
unable to take
part
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(2) Where a person to whom subsection (1)
applies or any other member by whom a
matter has been heard is unable to take part in
the disposition of the matter or has died, the
remaining members, if any, who heard the
matter may make the disposition and, for that
purpose, are deemed to constitute the Board.
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| Chairperson
and Deputy
Chairperson
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8. (1) The Governor in Council shall
designate a Chairperson and a Deputy
Chairperson from among the permanent
members.
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| Chief
executive
officer
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(2) The Chairperson is the chief executive
officer of the Board and has supervision over
and direction of the work of the Board
including the allocation of work among its
members, the conduct of its work, the
management of its internal affairs and the
duties of its staff.
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| Reports
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(3) The Chairperson shall make such
reports to the Minister as the Minister may
require respecting the use of the resources
allocated to the Board.
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| Acting
Chairperson
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(4) If the Chairperson is absent or unable to
act or the office of Chairperson is vacant, the
Deputy Chairperson shall act as Chairperson.
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| Acting
Chairperson
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(5) If both the Chairperson and Deputy
Chairperson are absent or unable to act or both
offices are vacant, a member designated by
the Minister shall act as Chairperson.
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| Full-time
occupation
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9. A member shall perform their duties
under this Act on a full-time basis and shall not
hold any office or engage in any occupation
inconsistent with those duties.
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| Remunera- tion and allowances
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10. (1) A member shall be paid such
remuneration and allowances as may be fixed
by the Governor in Council.
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| Travel and
living
expenses
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(2) A member is entitled to be paid
reasonable travel and living expenses incurred
by them while absent from their ordinary
place of work in connection with the work of
the Board.
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| Presumption
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11. (1) A member is deemed to be an
employee for the purposes of the Government
Employees Compensation Act and to be
employed in the public service of Canada for
the purposes of any regulations made under
section 9 of the Aeronautics Act.
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| Presumption
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(2) A member is deemed to be employed in
the Public Service for the purposes of the
Public Service Superannuation Act.
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| Head office
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12. The head office of the Board shall be at
such place in Canada as the Governor in
Council may designate.
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| Officers and
employees
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13. Such officers and employees as are
necessary for the proper conduct of the work
of the Board shall be appointed in accordance
with the Public Service Employment Act.
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POWERS, DUTIES AND FUNCTIONS |
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| Powers
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14. The Board and each member have, with
respect to the carrying out of the Board's
duties and functions under this Act, all the
powers of a commissioner appointed under
Part I of the Inquiries Act.
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| Access to
records
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15. Subject to any other Act of Parliament
and any regulations made under any other Act
of Parliament, the Board may inspect the
records of the Department of Veterans Affairs
and all material relating to any proceeding
before the Board.
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| Additional
powers, duties
and functions
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16. The Board shall exercise such powers
and shall perform such duties and functions as
are conferred or imposed on it by or pursuant
to any other Act of Parliament or any order of
the Governor in Council.
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| Panels
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17. Subject to subsections 19(1), 27(1),
34(2) and 44(2), the Chairperson may
establish panels of one or more members to
exercise any power or perform any duty or
function of the Board designated by the
Chairperson.
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REVIEW |
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| Exclusive
jurisdiction
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18. The Board has full and exclusive
jurisdiction to hear, determine and deal with
all applications for review that may be made
to the Board under the Pension Act, and all
matters related to those applications.
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| Review panels
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19. (1) Subject to subsection (2), an
application for review shall be heard,
determined and dealt with by a review panel
consisting of not fewer than two members or,
with the consent of the applicant, one member
designated by the Chairperson.
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| Refusal to
hear trivial
questions
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(2) The Chairperson may refuse to establish
a review panel to hear an application for
review of a decision concerning the amount of
an award under the Pension Act if the
Chairperson considers the application to be
trivial, frivolous or vexatious.
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| Written and
oral
submissions
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20. An applicant may make a written
submission to the review panel or may appear
before it, in person or by a representative, to
present evidence and arguments.
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| Disposition of
application
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21. A review panel may
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| Decision to be
made as soon
as possible
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22. (1) A review panel shall make its
decision as soon as possible and shall notify
the applicant of the decision.
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| Decision of
majority
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(2) A decision of a majority of the members
of a review panel is a decision of the Board.
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| Absence of
majority
decision
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(3) In the absence of a majority decision, the
decision most favourable to the applicant is
the decision of the Board.
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| Reconsidera- tion of decisions
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23. (1) A review panel may, on its own
motion, reconsider a decision made by it
under section 21 or this section and may either
confirm the decision or amend or rescind the
decision if it determines that an error was
made with respect to any finding of fact or the
interpretation of any law.
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| Board may
exercise
powers
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(2) The Board may exercise the powers of
a review panel under subsection (1) if the
members of the review panel have ceased to
hold office as members.
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| Applicant and
witnesses to
be paid
expenses, etc.
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24. An applicant and each witness called by
an applicant who attends a hearing by a review
panel are entitled to be paid, within the limits
fixed by the Treasury Board,
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| Appeal
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25. An applicant who is dissatisfied with a
decision made under section 21 or 23 may
appeal the decision to the Board.
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APPEALS |
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| Exclusive
jurisdiction
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26. The Board has full and exclusive
jurisdiction to hear, determine and deal with
all appeals that may be made to the Board
under section 25 or under the War Veterans
Allowance Act or any other Act of Parliament,
and all matters related to those appeals.
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| Appeal panel
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27. (1) An appeal shall be heard,
determined and dealt with by an appeal panel
consisting of not fewer than three members
designated by the Chairperson.
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| Prohibition
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(2) A member of a review panel may not sit
on an appeal panel that has been established to
hear an appeal of a decision made by that
review panel.
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| Written and
oral
submissions
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28. (1) Subject to subsection (2), an
appellant may make a written submission to
the appeal panel or may appear before it, in
person or by representative and at their own
expense, to present evidence and oral
arguments.
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| Documented
evidence
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(2) Only documented evidence may be
submitted under subsection (1).
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| Disposition of
appeals
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29. (1) An appeal panel may
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| Where matter
cannot be
referred to
review panel
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(2) Where the members of a review panel
have ceased to hold office or for any other
reason a matter cannot be referred to that
review panel under paragraph (1)(b) or (c), the
appeal panel may refer the matter to the
Chairperson who shall establish a new review
panel in accordance with subsection 19(1) to
consider, hear, investigate or decide the
matter, as the case may be.
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| Questions of
interpretation
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30. Where the appellant raises a question of
interpretation relating to this Act, to the
Pension Act, to any other Act of Parliament
pursuant to which an appeal may be taken to
the Board or to any regulations made under
any such Act and the appeal panel is of the
opinion that the question is not trivial,
frivolous or vexatious, it shall notify the
prescribed persons or organizations and give
them an opportunity to present argument on
the question before it makes its decision.
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| Decision of
majority
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31. A decision of the majority of members
of an appeal panel is a decision of the Board
and is final and binding.
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| Reconsiderati
on of
decisions
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32. (1) Notwithstanding section 31, an
appeal panel may, on its own motion,
reconsider a decision made by it under
subsection 29(1) or this section and may either
confirm the decision or amend or rescind the
decision if it determines that an error was
made with respect to any finding of fact or the
interpretation of any law, or may do so on
application if the person making the
application alleges that an error was made
with respect to any finding of fact or the
interpretation of any law or if new evidence is
presented to the appeal panel.
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| Board may
exercise
powers
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(2) The Board may exercise the powers of
an appeal panel under subsection (1) if the
members of the appeal panel have ceased to
hold office as members.
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| Other sections
applicable
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(3) Sections 28 and 31 apply, with such
modifications as the circumstances require,
with respect to an application made under
subsection (1).
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| Appeal to Tax
Court of
Canada
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33. Notwithstanding section 31, an appeal
lies to the Tax Court of Canada from any
decision of an appeal panel as to what
constitutes income or as to the source of
income of a person or their spouse, or both, for
the purposes of the War Veterans Allowance
Act or Part XI of the Merchant Navy Veteran
and Civilian War-related Benefits Act.
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