2nd Session, 37th Parliament,
51-52 Elizabeth II, 2002-2003

House of Commons of Canada

BILL C-44

An Act to compensate military members injured during service

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Injured Military Members Compensation Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

``Class ``A'' Reserve Service''
« service de réserve de classe « A » »

``Class ``A'' Reserve Service'' has the same meaning as in article 9.06 of the Queen's Regulations and Orders for the Canadian Forces.

``Class ``B'' Reserve Service''
« service de réserve de classe « B » »

``Class ``B'' Reserve Service'' has the same meaning as in article 9.07 of the Queen's Regulations and Orders for the Canadian Forces.

``Class ``C'' Reserve Service''
« service de réserve de classe « C » »

``Class ``C'' Reserve Service'' has the same meaning as in article 9.08 of the Queen's Regulations and Orders for the Canadian Forces.

``Minister''
« ministre »

``Minister'' means the Minister of National Defence.

``personal information''
« renseigneme nts personnels »

``personal information'' has the same meaning as in section 3 of the Privacy Act.

DESIGNATION

Designation by Minister

3. (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act.

Limitation

(2) If the Minister has designated a person to make a decision under this Act, the Minister may not designate that same person to review the decision under subsection 11(1).

COMPENSATION

Right of compensation

4. (1) A person who, while serving as a member of the regular force, or a member of the reserve force performing Class ``B'' Reserve Service for more than 180 days or Class ``C'' Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 3 if the Minister is satisfied that

    (a) the injury is attributable to the person's service with the Canadian Forces;

    (b) the loss resulted directly from the injury;

    (c) the loss was not caused directly or indirectly by a self-inflicted injury, even if caused by insanity, or by the person's improper conduct, including their wilful disobedience of an order and vicious or criminal conduct;

    (d) the person survived for a period of at least 30 days after the injury;

    (e) the loss occurred within 90 days after the injury; and

    (f) the person was not entitled to a lump-sum payment in respect of the injury under an insurance plan provided by the Government of Canada.

Right of compensation

(2) A person who, while serving as a member of the reserve force performing Class ``B'' Reserve Service for 180 days or less or Class ``A'' Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 4 if the Minister is satisfied that the conditions in paragraphs (1)(a) to (f) are met.

Interpreta-
tion

(3) For the purposes of subsections (1) and (2) and the schedule, the loss of a hand or foot, or thumb and index finger, includes the loss of their use, and the loss of hearing or speech or of sight in one eye or both eyes means total and irrecoverable loss.

Limitation

5. The total benefits payable to a person in respect of an injury that may result in one or more losses shall not exceed $250,000 for a person referred to in subsection 4(1) or $100,000 for a person referred to in subsection 4(2).

No benefit payable

6. No benefit is payable for any loss caused wholly or partly, or directly or indirectly, by

    (a) disease, bodily or mental infirmity or the medical treatment of the disease or infirmity; or

    (b) ptomaines or bacterial infections, except an infection that is caused by the injury.

Application made to Minister

7. (1) Any person referred to in section 4 may make an application to the Minister for a benefit in the manner required by the Minister.

Deceased member

(2) If the person died before the coming into force of this Act, or dies after the coming into force of this Act without making an application, the person's estate or succession may apply for the benefit and has the same rights and obligations that the person would have had under this Act.

Requirements

(3) The Minister may require the applicant to provide

    (a) any documentation necessary to substantiate their claim;

    (b) any relevant information; and

    (c) an affidavit or statutory declaration attesting to the truth of the information provided.

Considera-
tion of application

(4) The Minister shall consider an application without delay after its receipt and, in considering the application, may

    (a) investigate the facts stated in the application and any other matter related to the application; and

    (b) collect relevant material and information from the records of departments and agencies of the Government of Canada.

Decision

(5) After considering the application, the Minister shall approve the payment of the benefit if the Minister is satisfied that the applicant is entitled to a benefit, or refuse to approve the payment of the benefit in any other case.

Notice of decision and reasons

(6) The Minister shall notify the applicant of any decision made under subsection (5) and of the reasons for any refusal to approve the payment of a benefit.

Benefit of doubt

8. In making a decision under this Act, the Minister shall

    (a) draw from the circumstances of the case, and the evidence presented to the Minister, every reasonable inference in favour of the applicant;

    (b) accept any uncontradicted evidence presented to the Minister by the applicant that the Minister considers to be credible in the circumstances; and

    (c) resolve in favour of the applicant any doubt, in the weighing of evidence, as to whether the applicant has established a case.

Decisions shall be made expeditiously

9. Decisions of the Minister shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.

Inquiries Act

10. (1) The Minister has all the powers of a commissioner appointed under Part II of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act.

Taking oaths, etc.

(2) Any officer or employee of the Department of National Defence or officer of the Canadian Forces, if designated by the Minister for the purpose, may, in the course of their employment or service, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of or incidental to the administration of this Act, and every person so designated has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits.

Acceptance of oaths, etc.

(3) The Minister may accept, for the purpose of the administration of this Act, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or employee of

    (a) a department or other portion of the public service of Canada specified in Schedule 1 to the Public Service Staff Relations Act; or

    (b) a department of the government of a province.

Request for review

11. (1) An applicant who is dissatisfied with a decision made by the Minister under this Act may request a review of the decision by the Minister. After receiving the request, the Minister shall review the decision.

Review on Minister's motion

(2) The Minister may, on the Minister's own motion, review a decision made under this Act.

Confirmation, amendment or rescinding

(3) After reviewing the decision, the Minister may either confirm the decision or amend or rescind the decision if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or if new evidence is presented to the Minister.

Decision is final

(4) A decision of the Minister respecting a review is final and binding and, except for judicial review under the Federal Court Act, is not subject to appeal or to review by any court. The decision shall not be the subject of a grievance under section 29 of the National Defence Act.

Representa-
tion of applicant

12. In all matters under this Act, an applicant may, at their own expense, be represented by a representative of their choice.

GENERAL PROVISIONS

Information that shall be made available to Minister

13. The following personal information relating to the person who sustained the injury shall, if requested by the Minister, be made available to the Minister to determine the applicant's eligibility for a benefit:

    (a) personal information collected or obtained by the Department of Veterans Affairs in the administration of the Pension Act;

    (b) personal information collected or obtained by the Department of Transport in the administration of the Aeronautics Act or the Canada Shipping Act, or any predecessor enactment relating to the same subject-matter; and

    (c) personal information collected or obtained by the National Archives of Canada in the administration of the National Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.

Information that Minister may disclose

14. Personal information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister

    (a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain information required for the administration of this Act; and

    (b) to any officer or employee of the Department of National Defence or any member of the Canadian Forces, to the extent that the disclosure is required for the administration of this Act.

Social Insurance Numbers

15. If a Social Insurance Number has been used to identify the service or medical records of a member of the Canadian Forces, the Minister or other authority having custody of those records may use the Social Insurance Number for the purpose of making those records available.

Definition of ``overpaymen t''

16. (1) In this section, ``overpayment'' means a benefit, or part of a benefit, that was paid to a person and to which the person had no entitlement.

Recovery of overpayment

(2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person, and the Minister may recover the debt

    (a) in accordance with section 155 of the Financial Administration Act; or

    (b) by proceedings in any court of competent jurisdiction.

Remission of overpayment

(3) If a person has received or obtained an overpayment, the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment if the Minister is satisfied that

    (a) the overpayment cannot be recovered within the reasonably foreseeable future;

    (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered;

    (c) repayment of the overpayment would cause undue hardship to the person; or

    (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant or a member of the Canadian Forces.

Immunity

17. No action or other proceeding lies against any person for anything done or said in good faith in the administration of this Act.

Deeming

18. For the purposes of section 25 of the Pension Act, the payment of benefits under this Act is deemed not to be a compensation plan established by any other legislation of a similar nature.

Benefit not taxed

19. (1) A benefit paid under this Act is not subject to tax under any Act of Parliament.

Exemption from seizure

(2) A benefit payable under this Act is exempt from seizure.