Bill C-330

1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-330

An Act to establish the Advisory Committee for Effective Treatment and Rehabilitation of Veterans with Service-Related Brain Injuries

Whereas former members of the Canadian Forces have made many sacrifices for their loved ones and their country;

Whereas members of the Canadian Forces serving in Afghanistan are at increased risk from blast weapons, which cause injury as a result of supersonic waves of intense air pressure and a variety of other mechanisms, including blunt force;

Whereas exposure to severe blast energy can cause multiple injuries, including blast lung, ruptured tympanic membranes, and transient cardio-respiratory effects, and evidence from animal research, case reports, and clinical experience show that lower primary energy may cause brain injuries;

Whereas injuries caused by a blast effect are more common among combat troops in the Middle East than among those in everyday civilian life;

Whereas American researchers have found that episodes of mild traumatic brain injury were self-reported by 12% to 20% of American military members returning from deployment in the Middle East;

Whereas, although most patients who suffer from these episodes recover completely within three months, a small minority report persistent non-specific symptoms;

Whereas persistent symptoms of a brain injury are difficult to recognize and require coordinated assessment from the primary health care provider;

Whereas the Department of Veterans Affairs should develop additional services to respond to the health care needs of former members of the Canadian Forces suffering from persistent symptoms due to a service-related brain injury;

And whereas it is part of the Canadian culture and heritage to acknowledge the services rendered by former members of the Canadian Forces and to be responsive to their health care needs;

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

SHORT TITLE

1. This Act may be cited as the Veterans with Service-Related Brain Injuries Act.

INTERPRETATION

2. The definitions in this section apply in this Act.

“Committee” means the Advisory Committee for Effective Treatment and Rehabilitation of Veterans with Service-Related Brain Injuries established under section 3.

“Minister” means the Minister of Veterans Affairs.

“service-related brain injury” means any injury to the brain that

(a) was attributable to or was incurred during special duty service as defined in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act; or

(b) arose out of or was directly connected with service in the Canadian Forces.

“veteran” means a former officer or a former non-commissioned member of the Canadian Forces.

COMMITTEE AND MEMBERS

3. (1) The Advisory Committee for Effective Treatment and Rehabilitation of Veterans with Service-Related Brain Injuries is established within the Department of Veterans Affairs.

(2) The role of the Committee is to report to, advise and assist the Minister on matters related to this Act.

4. (1) The Committee must consist of not more than eight persons appointed by the Governor in Council on the recommendation of the Minister and selected from among

(a) persons employed in the Department of Veterans Affairs;

(b) persons employed in the Department of National Defence;

(c) officers or non-commissioned members of the Canadian Forces;

(d) veterans suffering from a service-related brain injury or their family members;

(e) health professionals; and

(f) persons associated with an advocacy group or a volunteer organization involved with veterans or other persons affected by a brain injury.

(2) A member of the Committee must be appointed to hold office for a term not exceeding three years and is eligible for reappointment for one or more additional terms.

(3) The Minister must designate one of the members to be the chairperson of the Committee.

5. (1) A member of the Committee must be paid, for the performance of his or her duties and functions, any remuneration that may be fixed by the Governor in Council.

(2) A member of the Committee is entitled to be reimbursed, in accordance with Treasury Board directives, for reasonable travel, living and other expenses incurred in the performance of his or her duties and functions while absent from his or her ordinary place of work, in the case of a full-time member, or from his or her ordinary place of residence, in the case of a part-time member.

(3) The Minister must pay the remuneration and reimburse the expenses determined under subsections (1) and (2).

6. The Advisory Committee may employ any officers and employees and engage the services of any agents and mandataries, advisers and experts that it considers necessary to carry out its purpose.

COMMITTEE OBJECTIVE

7. The objective of the Committee is to ensure the effective treatment and rehabilitation of veterans with a service-related brain injury.

DUTIES AND FUNCTIONS

8. (1) Within two years after the coming into force of this Act, the Committee must

(a) evaluate the care and support provided by the Department of Veterans Affairs to veterans with a service-related brain injury and to their families;

(b) identify facilities within the Department of Veterans Affairs where program enhancement is needed to meet the objective set out in section 7;

(c) identify successful programs for the treatment and rehabilitation of veterans with a service-related brain injury and recommend their implementation within facilities of the Department of Veterans Affairs;

(d) advise the Minister on the development of policies related to the objective set out in section 7, including the improvement of care programs for veterans with a service-related brain injury, and the establishment of education and training programs for employees of the Department of Veterans Affairs;

(e) advise the Minister on research needs and priorities relevant to the case of veterans with a service-related brain injury; and

(f) advise the Minister on the appropriate allocation of resources for the activities provided in paragraph (e).

(2) The Committee may, as it deems expedient, make written representations to the Minister on the matters enumerated in subsection (1).

REPORTS

9. (1) The Committee must report by April 1 of every year to the Minister on the measures put in place and the resources applied by Department of Veterans Affairs to achieve the objective set out in section 7.

(2) The Committee report referred to in subsection (1), including its recommendations and reasons, must be made public and must be sent to the Minister, who must cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

(3) The Minister must prepare and publish a response to the report received pursuant to subsection (2) and must cause a copy of the response to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the expiry of 90 days from the day on which the Minister received the report.