Bill C-58
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2nd Session, 41st Parliament,
62-63-64 Elizabeth II, 2013-2014-2015
house of commons of canada
BILL C-58
An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and to make consequential amendments to another Act
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 Support for Veterans and Their Families Act.
2005, c. 21
CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION ACT
2. The definition “compensation” in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:
“compensation”
« indemnisation »
« indemnisation »
“compensation” means any of the following benefits under this Act, namely, an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a critical injury benefit, a disability award, a death benefit, a clothing allowance, a detention benefit or a family caregiver relief benefit.
3. The Act is amended by adding the following after section 2:
PURPOSE
Purpose
2.1 The purpose of this Act is to recognize and fulfil the obligation of the people and Government of Canada to show just and due appreciation to members and veterans for their service to Canada. This obligation includes providing services, assistance and compensation to members and veterans who have been injured or have died as a result of military service and extends to their spouses or common-law partners or survivors and orphans. This Act shall be liberally interpreted so that the recognized obligation may be fulfilled.
4. Subsection 18(2) of the Act is replaced by the following:
When benefit payable
(2) The earnings loss benefit begins to be payable on the day on which the Minister determines that a rehabilitation plan or a vocational assistance plan should be developed. For greater certainty, if the determination is in respect of a member, the earnings loss benefit is not payable until the day after the day on which the member is released from the Canadian Forces.
2011, c. 12, s. 9
5. (1) The portion of section 39 of the English version of the Act before paragraph (a) is replaced by the following:
When allowance payable
39. The permanent impairment allowance under subsection 38(2) and an increase to the permanent impairment allowance under subsection 38(3) begin to be payable on the latest of
(2) Section 39 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the day after the day on which the member is released from the Canadian Forces.
6. The Act is amended by adding the following after section 40:
Retirement Income Security Benefit
Eligibility — veteran eligible for earnings loss benefit
40.1 (1) The Minister may, on application, pay a retirement income security benefit to a veteran who
(a) has attained the age of 65 years;
(b) on the day before the day on which they attained the age of 65 years, was eligible to continue to receive an earnings loss benefit under subsection 18(4); and
(c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.
When benefit payable
(2) The retirement income security benefit begins to be payable on the later of
(a) the day after the day on which the veteran attains the age of 65 years, and
(b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.
Duration of benefit
(3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.
Amount of benefit
(4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula
(A + B) – C
where
A is 70 % of the earnings loss benefit to which the veteran would be entitled for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the veteran from prescribed sources referred to in subsection 19(1);
B is 70 % of the permanent impairment allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and
C is the total amount that is payable to the veteran for a month from prescribed sources.
Regulations
(5) The Governor in Council may make regulations
(a) providing for the periodic adjustment of the total value of A and B in subsection (4); and
(b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.
Eligibility — veteran in receipt of long-term disability benefit
40.2 (1) The Minister may, on application, pay a retirement income security benefit to a veteran who
(a) attained the age of 65 years after March 31, 2006 but before the prescribed date;
(b) on the day before the day on which they attained the age of 65 years was, as a result of being totally disabled, in receipt of long-term disability benefits under the Service Income Security Insurance Plan Long Term Disability; and
(c) is eligible for a disability award under section 45 or a disability pension under the Pension Act.
When benefit payable
(2) The retirement income security benefit begins to be payable on the later of
(a) the day after the day on which the veteran attains the age of 65 years, and
(b) the day that is one year before the day on which the Minister determines that the veteran is entitled to the benefit.
Duration of benefit
(3) The retirement income security benefit ceases to be payable on the last day of the month in which the veteran dies.
Amount of benefit
(4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a veteran shall be determined in accordance with the formula
(A + B) – C
where
A is 70 % of the earnings loss benefit to which the veteran would have been entitled, had the veteran applied, for the month in which they attain the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that would have been payable to the veteran from prescribed sources referred to in subsection 19(1);
B is 70 % of the permanent impairment allowance, including any increase to it under subsection 38(3), payable to the veteran for the month in which they attain the age of 65 years; and
C is the total amount that is payable to the veteran for a month from prescribed sources.
Regulations
(5) The Governor in Council may make regulations
(a) providing for the periodic adjustment of the total value of A and B in subsection (4); and
(b) respecting the determination, for the purpose of the value of C in subsection (4), of an amount payable to a veteran for a month.
Eligibility — survivor of eligible veteran
40.3 (1) The Minister may, on application, pay a retirement income security benefit to a veteran’s survivor if the veteran was eligible, or would have been eligible had the veteran applied, for a retirement income security benefit at the time of their death.
When benefit payable
(2) The retirement income security benefit begins to be payable on the later of
(a) the first day of the month after the month in which the veteran died, and
(b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.
Duration of benefit
(3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.
Amount of benefit
(4) Subject to the regulations, the monthly amount of the retirement income security benefit that is payable to a survivor shall be determined in accordance with the formula
A – B
where
A is 50 % of the retirement income security benefit to which the veteran would be entitled, or would have been entitled had the veteran applied, for the month in which the veteran dies, not taking into account amounts that are payable to the veteran from prescribed sources referred to in the description of C in subsection 40.1(4) or in the description of C in subsection 40.2(4), as the case may be; and
B is the total amount payable to the survivor in respect of the veteran for a month from prescribed sources.
Regulations
(5) The Governor in Council may make regulations
(a) providing for the periodic adjustment of the value of A in subsection (4); and
(b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.
Eligibility — survivor no longer eligible for earnings loss benefit
40.4 (1) The Minister may, on application, pay a retirement income security benefit to a member’s or a veteran’s survivor who is no longer eligible to receive an earnings loss benefit under subsection 22(3).
When benefit payable
(2) The retirement income security benefit begins to be payable on the later of
(a) the day after the day on which the member or the veteran would have attained the age of 65 years, and
(b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.
Duration of benefit
(3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.
Amount of benefit
(4) Subject to the regulations, the monthly amount of the retirement income security benefit under subsection (1) that is payable to a survivor shall be determined in accordance with the formula
A/2 – B
where
A is 70 % of the earnings loss benefit that would be payable under subsection 23(1) for the month in which the member or veteran, if alive, would have attained the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the survivor in respect of the member or veteran from prescribed sources referred to in subsection 23(3); and
B is the total amount that is payable to the survivor in respect of the member or veteran for a month from prescribed sources.
Regulations
(5) The Governor in Council may make regulations
(a) providing for the periodic adjustment of the value of A in subsection (4); and
(b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.
Waiver of application
40.5 (1) The Minister may waive the requirement for an application for the retirement income security benefit if the Minister is satisfied that the veteran or survivor would be eligible for the benefit if they were to apply for it based on information that has been collected or obtained by the Minister in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions in respect of the earnings loss benefit, permanent impairment allowance or disability award or in respect of the disability pension under the Pension Act.
Notice of intent
(2) If the Minister intends to waive the requirement for an application, the Minister shall notify the veteran or survivor in writing of that intention.
Accepting waiver
(3) If the veteran or survivor accepts the waiver of the requirement for an application, the veteran or survivor shall, within the period specified by the Minister, file with the Minister any information requested by the Minister.
Declining waiver
(4) The veteran or the survivor may, within the period specified by the Minister, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.
Cancellation of waiver
(5) Even if the Minister intends to waive the requirement for an application, the Minister may require that the veteran or the survivor make an application for the retirement income security benefit and, in that case, the Minister shall notify the veteran or survivor in writing of that requirement.
Suspension or cancellation
40.6 The Minister may, in the prescribed circumstances, suspend the payment of a retirement income security benefit or cancel the benefit.
7. Paragraph 41(a) of the Act is replaced by the following:
(a) providing for the notification of the Minister, by persons who are in receipt of an earnings loss benefit, a Canadian Forces income support benefit or a retirement income security benefit, of any changes in income or benefits, or in an amount payable for a month from a prescribed source for the purposes of subsection 19(1), 23(3), 40.1(4), 40.2(4), 40.3(4) or 40.4(4), requiring the provision of statements of estimated income, benefits or amounts payable and providing for the effect of those changes on the calculation of the amount of the compensation payable;
8. The heading to Part 3 of the Act is replaced by the following:
CRITICAL INJURY, DISABILITY, DEATH AND DETENTION
9. Section 42 of the Act is replaced by the following:
Non-application of this Part
42. This Part, other than sections 44.1 to 44.3, does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act.
10. The Act is amended by adding the following after section 44:
Critical Injury Benefit
Eligibility
44.1 (1) The Minister may, on application, pay a critical injury benefit to a member or veteran who establishes that they sustained one or more severe and traumatic injuries, or developed an acute disease, and that the injury or disease
(a) was a service-related injury or disease;
(b) was the result of a sudden and single incident that occurred after March 31, 2006; and
(c) immediately caused a severe impairment and severe interference in their quality of life.
Factors to be considered
(2) In deciding whether the impairment and the interference in the quality of life referred to in paragraph (1)(c) were severe, the Minister shall consider any prescribed factors.
Regulations
(3) The Governor in Council may, for the purpose of subsection 44.1(1), make regulations respecting the determination of what constitutes a sudden and single incident.
Amount of benefit
44.2 The amount of the critical injury benefit that is payable to a member or veteran shall be the amount set out in column 2 of item 2.2 of Schedule 2.
Waiver of application
44.3 (1) The Minister may waive the requirement for an application in subsection 44.1(1) if the Minister is satisfied, based on information that has been collected or obtained by the Minister in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, including in respect of the disability award or in respect of the disability pension under the Pension Act, that the member or veteran is entitled to the critical injury benefit.
Notice of intent
(2) If the Minister intends to waive the requirement for an application, the Minister shall notify the member or veteran in writing of that intention.
Accepting waiver
(3) If the member or veteran accepts the waiver of the requirement for an application, the member or the veteran shall, within the period specified by the Minister, file with the Minister any information requested by the Minister.
Declining waiver
(4) The member or veteran may, within the period specified by the Minister, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.
Cancellation of waiver
(5) Even if the Minister intends to waive the requirement for an application, the Minister may require that the member or veteran make an application for the critical injury benefit and, in that case, the Minister shall notify the member or veteran in writing of that requirement.
11. The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:
Consequential injury or disease
46. (1) For the purposes of subsection 45(1), an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of
12. Section 63 of the Act is replaced by the following:
Governor in Council
63. The Governor in Council may make regulations respecting the rules of evidence and evidentiary presumptions relating to applications for a critical injury benefit, a disability award or a death benefit under this Part.
13. The Act is amended by adding the following after section 65:
PART 3.1
FAMILY CAREGIVER RELIEF BENEFIT
Eligibility
65.1 (1) The Minister may, on application, pay a family caregiver relief benefit to a veteran if
(a) they have had an application for a disability award approved under section 45;
(b) as a result of the disability for which the application for a disability award was approved, they require ongoing care;
(c) a person who is 18 years of age or older plays an essential role in the provision or coordination of the ongoing care in the veteran’s home for which the person receives no remuneration; and
(d) the veteran meets the prescribed eli-gibility requirements.
Criteria to be considered
(2) In deciding whether the veteran requires ongoing care, the Minister shall consider only prescribed criteria.
Factors to be considered
(3) In deciding whether the person referred to in paragraph (1)(c) plays an essential role in the provision or coordination of the ongoing care in the veteran’s home, the Minister shall consider only prescribed factors.
Ineligibility
(4) A veteran who is eligible for an attend-ance allowance under subsection 38(1) of the Pension Act is not eligible for a family caregiver relief benefit.
Amount of benefit
65.2 The annual amount of a family caregiver relief benefit that is payable to a veteran shall be the amount set out in column 2 of item 5 of Schedule 2.
Assessment
65.3 The Minister may, for the purpose of determining whether a veteran may continue to receive a family caregiver relief benefit, require the veteran to undergo an assessment by a person specified by the Minister.
Regulations
65.4 The Governor in Council may make regulations
(a) defining “care” for the purposes of paragraphs 65.1(1)(b) and (c) and subsections 65.1(2) and (3); and
(b) defining “home” for the purposes of paragraph 65.1(1)(c) and subsection 65.1(3).
14. The Act is amended by adding the following after section 75:
Transition to Civilian Life
Information and guidance
75.1 In order to aid a member or a veteran in their transition to civilian life, the Minister may provide them with information and guidance regarding the services, assistance and compensation for which they may be eligible taking into consideration their particular circumstances.
Application from member before transition
75.2 The Minister may consider an application for any services, assistance or compensation under this Act from a member, make a decision in respect of the application and conduct any required assessment even though the member may not be eligible for that service, assistance or compensation until they become a veteran.
15. The portion of section 82 of the Act before paragraph (a) is replaced by the following:
Social Insurance Number
82. The Minister may, for the purpose of determining whether a person is entitled to receive an earnings loss benefit, a Canadian Forces income support benefit or a retirement income security benefit under this Act,
16. Section 83 of the Act is replaced by the following:
Review of decision under Part 2 or 3.1
83. Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision made under Part 2 or 3.1 or under this section.
17. The portion of subsection 88(4) of the Act before paragraph (a) is replaced by the following:
Erroneous payments of benefits or allowances
(4) Despite anything in this Act, the Minister may continue the payment of an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if
2011, c. 12, s. 17(2)
18. (1) Paragraph 94(e) of the Act is replaced by the following:
(e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance or a family caregiver relief benefit under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit or allowance until the information, declaration or document is provided;
(2) Paragraph 94(g) of the Act is replaced by the following:
(g) providing for a review of any decisions made under Part 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews;
19. The Act is amended by adding the following after section 94:
Retroactive application of regulations
94.1 Regulations made in respect of the retirement income security benefit and the family caregiver relief benefit under subsections 40.1(5), 40.2(5), 40.3(5) and 40.4(5) and sections 41, 65.4 and 94 may, if they so provide, be retroactive.
2011, c. 12, s. 18
20. Schedule 2 to the Act is amended by replacing the references after the heading “SCHEDULE 2” with the following:
(Subsections 38(2) and (3), section 44.2, subsection 58(1), sections 61 and 65.2, paragraph 94(c) and subsection 98(2))
21. (1) Schedule 2 to the Act is amended by adding the following after item 2.1:
(2) Schedule 2 to the Act is amended by adding the following after item 4:
1995, c. 18
CONSEQUENTIAL AMENDMENTS TO THE VETERANS REVIEW AND APPEAL BOARD ACT
2005, c. 21, s. 111
22. Subsection 19(2) of the Veterans Review and Appeal Board Act is replaced by the following:
Refusal to establish review panel
(2) The Chairperson, or any member to whom the Chairperson has delegated the authority, 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, or the amount of a critical injury benefit, a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the Chairperson or member, as the case may be, considers the application to be such that no reasonable review panel could dispose of it in a manner favourable to the applicant.
2005, c. 21, s. 113(1)
23. (1) Subsection 34(1) of the Act is replaced by the following:
Application for compassionate award
34. (1) A person who has been refused an award under the Pension Act or a critical injury benefit, a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and who has exhausted all procedures for review and appeal under this Act may apply to the Board for a compassionate award.
2005, c. 21, s. 113(2)
(2) Subsection 34(3) of the Act is replaced by the following:
Granting of compassionate award
(3) A panel may grant a compassionate award if it considers the case to be specially meritorious and the applicant is unqualified to receive an award under the Pension Act or a critical injury benefit, a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.
COORDINATING AMENDMENT
2012, c. 19
24. On the first day on which both subsection 683(2) of the Jobs, Growth and Long-term Prosperity Act and subsection 18(1) of this Act are in force, paragraph 94(e) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:
(e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of rehabilitation services, vocational assist-ance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a retirement income security benefit, a clothing allowance, a family caregiver relief benefit, or a payment or reimbursement of fees in respect of career transition services under this Act, and authorizing the Minister to suspend the delivery of the services or assistance, the payment of the benefit or allowance or the payment or reimbursement of fees until the information, declaration or document is provided;
COMING INTO FORCE
July 1, 2015
25. This Act comes into force, or is deemed to have come into force, on July 1, 2015.
Published under authority of the Speaker of the House of Commons
Explanatory Notes
Canadian Forces Members and Veterans Re-establishment and Compensation Act
Clause 2: Existing text of the definition:
“compensation” means any of the following benefits under this Act: an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a disability award, a death benefit, a clothing allowance or a detention benefit.
Clause 3: New.
Clause 4: Existing text of subsection 18(2):
(2) The earnings loss benefit begins to be payable on the day on which the Minister determines that a rehabilitation plan or a vocational assistance plan should be developed.
Clause 5: (1) and (2) Existing text of section 39:
39. The permanent impairment allowance under subsection 38(2) and an increase to the permanent impairment allowance under subsection 38(3) begin to be payable on the later of
(a) the day on which the application for the allowance or increase, as the case may be, is made, and
(b) the day that is one year prior to the day on which the application for the allowance or increase, as the case may be, is approved.
Clause 6: New.
Clause 7: Relevant portion of section 41:
41. The Governor in Council may make regulations
(a) providing for the notification of the Minister, by persons who are in receipt of an earnings loss benefit or a Canadian Forces income support benefit, of any changes in income or benefits, or in an amount payable for a month from a prescribed source for the purposes of subsection 19(1) or 23(3), requiring the provision of statements of estimated income, benefits or amounts payable and providing for the effect of those changes on the calculation of the amount of the compensation payable;
Clause 8: Existing text of the heading:
DISABILITY, DEATH AND DETENTION
Clause 9: Existing text of section 42:
42. This Part does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act.
Clause 10: New.
Clause 11: Relevant portion of subsection 46(1):
46. (1) An injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of
Clause 12: Existing text of section 63:
63. The Governor in Council may make regulations respecting the rules of evidence and evidentiary presumptions relating to applications for a disability award or a death benefit under this Part.
Clause 13: New.
Clause 14: New.
Clause 15: Relevant portion of section 82:
82. The Minister may, for the purpose of determining whether a person has a right to receive an earnings loss benefit or a Canadian Forces income support benefit under this Act,
Clause 16: Existing text of section 83:
83. Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision under Part 2 or under this section.
Clause 17: Relevant portion of subsection 88(4):
(4) Despite anything in this Act, the Minister may continue the payment of an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance or a clothing allowance, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if
Clause 18: (1) and (2) Relevant portion of section 94:
94. The Governor in Council may make regulations
...
(e) respecting the provision of information or documents to the Minister by persons who are in receipt of career transition services, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit or allowance until the information or documents are provided;
...
(g) providing for a review of any decisions made under Part 2 and under section 83, including the grounds for review, the powers on review and the number of reviews;
Clause 19: New.
Veterans Review and Appeal Board Act
Clause 22: Existing text of subsection 19(2):
(2) The Chairperson, or any member to whom the Chairperson has delegated the authority, 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, or the amount of a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the Chairperson or member, as the case may be, considers the application to be such that no reasonable review panel could dispose of it in a manner favourable to the applicant.
Clause 23: (1) Existing text of subsection 34(1):
34. (1) A person who has been refused an award under the Pension Act, or a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and who has exhausted all procedures for review and appeal under this Act may apply to the Board for a compassionate award.
(2) Existing text of subsection 34(3):
(3) A panel may grant a compassionate award if it considers the case to be specially meritorious and the applicant is unqualified to receive an award under the Pension Act, or a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.