His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act, the Pension Act and the Department of Veterans Affairs Act and to make consequential amendments to other Acts”.

This enactment amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to, among other things,

The enactment also amends the Pension Act and the Department of Veterans Affairs Act to remove references to hospitals under the jurisdiction of the Department of Veterans Affairs as there are no longer any such hospitals.

Finally, it makes consequential amendments to other Acts.

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 Insertion start Well-being Insertion end Act.

compensation means any of the following benefits under this Act, namely, an Insertion start education and training benefit, an education and training completion bonus, an Insertion end earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit, a critical injury benefit, a disability award, a death benefit, a clothing allowance, a detention benefit or a caregiver Insertion start recognition Insertion end benefit.‍ (indemnisation)

Eligibility

3 (1) Subject to this section, the Minister may, on application, provide career transition services to

• (a) a member who has completed basic training;

• (b) a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;

• (c) a veteran who is entitled to a Canadian Forces income support benefit;

• (d) a spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;

• (e) a survivor of a member who completed basic training and who died on or after April 1, 2006;

• (f) a survivor of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006; and

• (g) a survivor who is entitled to a Canadian Forces income support benefit.

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Limitation — member

(2) Career transition services may be provided to a member only if the member resides in Canada and the Minister is satisfied that they require assistance in making the transition to the civilian labour force.

Limitation — veteran

(3) Career transition services may be provided to a veteran only if

• (a) the veteran resides in Canada;

• (b) the Minister is satisfied that the veteran requires assistance in making the transition to the civilian labour force; and

• (c) the veteran is not receiving rehabilitation services or vocational assistance under Part 2.

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Limitation — spouse, common-law partner or survivor

(4) Career transition services may be provided to a spouse, common-law partner or survivor only if they reside in Canada and are not receiving rehabilitation services or vocational assistance under Part 2.

Period — spouse or common-law partner of veteran

(5) A spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006 may receive career transition services until the later of

• (a) March 31, 2020, and

• (b) the second anniversary of the day on which the veteran was released.

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Assessment of needs

4 (1) The Minister shall, on approving an application made under section 3, assess the needs of the member, veteran, spouse, common-law partner or survivor with respect to Insertion start the Insertion end career Insertion start transition services that may be provided to them under this Part Insertion end .

Suspend or cancel

5 The Minister may, Insertion start in the prescribed circumstances, suspend or cancel the provision of Insertion end career transition services to a person under this Part.

Regulations

5.‍1 The Governor in Council may make regulations

• (a) respecting the career transition services that may be provided under this Part; and

• (b) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of subsections 3(2) to (4).

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PART 1.‍1 

Education and Training Benefit

Eligibility — veterans

5.‍2 (1) The Minister may, on application, pay an education and training benefit to a veteran in accordance with section 5.‍3 or 5.‍5 if the veteran

• (a) served for a total of at least six years in the regular force, in the reserve force or in both; and

• (b) was honourably released from the Canadian Forces on or after April 1, 2006.

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Maximum cumulative amount

(2) The maximum cumulative amount that the Minister may pay to a veteran is $40,000 or, if the veteran served for a total of at least 12 years in the regular force, in the reserve force or in both, $80,000.

Definitions

(3) In this section, regular force and reserve force have the same meanings as in subsection 2(1) of the National Defence Act.

Course of study at educational institution

5.‍3 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part in respect of

• (a) education or training received from an educational institution as part of a course of study leading to the completion of a degree, diploma, certification or designation; and

• (b) any expenses, including living expenses, that may be incurred by the veteran while enrolled at the institution.

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Request for payment

(2) A veteran requesting payment in respect of education or training described in paragraph (1)‍(a) shall provide the Minister with proof of acceptance, enrolment or registration at the institution for an upcoming period of study and with any prescribed information.

Additional information

(3) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (4).

Minister’s determination

(4) On being provided with the proof and information, the Minister shall, if he or she is satisfied that the requested payment may be made to the veteran, determine

• (a) the amount of the payment;

• (b) the period of study to which that amount is allocated; and

• (c) the day on which the payment is to be made.

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Payment day

(5) The day on which the payment is to be made must be no earlier than the 60th day before

• (a) the day on which fees for the education or training are due to be paid to the institution in respect of the period of study; or

• (b) the day on which the period of study begins, if the institution fixes no day on which the fees are due.

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Education and training completion bonus

5.‍4 On application, the Minister may pay, over and above an education and training benefit, an education and training completion bonus in the prescribed amount to a veteran who receives a degree, diploma, certification or designation in respect of which they received a payment of an education and training benefit under section 5.‍3.

Other education or training

5.‍5 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part for fees charged by the provider of any education or training, other than education or training described in paragraph 5.‍3(1)‍(a), that is approved by the Minister.

Maximum cumulative amount

(2) The maximum cumulative amount that may be paid to a veteran for such fees is the prescribed amount.

Request for payment

(3) A veteran requesting payment for such fees shall provide the Minister with a description of the education or training, the amount of the fees, the name of the provider and any prescribed information.

Additional information

(4) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (5).

Minister’s determination

(5) On being provided with the information referred to in subsections (3) and (4), the Minister may approve the education or training and shall, if he or she gives the approval and is satisfied that the requested payment may be made to the veteran, determine

• (a) the amount of the payment; and

• (b) the day on which the payment is to be made.

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Payment day

(6) The day on which the payment is to be made must be no earlier than the 60th day before

• (a) the day on which fees for the education or training are due to be paid to the provider; or

• (b) the day on which the education or training begins, if the provider fixes no day on which the fees are due.

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No payment to member

5.‍6 For greater certainty, the Minister is not permitted to pay an education and training benefit to a person who is a member.

No payment — other services or benefit

5.‍7 The Minister is not permitted to pay an education and training benefit to a veteran if they are being provided with rehabilitation services or vocational assistance under Part 2, or are entitled to a Canadian Forces income support benefit under that Part.

Limitation — incarceration

5.‍8 If a veteran is incarcerated in a correctional institution and is not responsible for paying their living expenses, the Minister may limit the amount of an education and training benefit payable to the veteran to the amount that is, in the Minister’s opinion, required to allow the veteran to participate in the education or training.

Duration of benefit

5.‍9 (1) An education and training benefit ceases to be payable to a veteran on the later of

• (a) April 1, 2028, and

• (b) the day after the 10th anniversary of the day on which the veteran was last released from the Canadian Forces.

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Education or training ending after cessation

(2) A payment of an education and training benefit that is made before the day on which the benefit ceases to be payable may be made in respect of education or training that ends on or after that day.

Exception

(3) Despite subsection (1), the Minister may, in the prescribed circumstances, pay an education and training benefit after it would otherwise cease to be payable.

Limitation

5.‍91 The Minister is not permitted to pay an education and training benefit to a veteran after the day on which they receive the last of the payments totalling the maximum cumulative amount to which they are entitled on that day, despite any adjustment to the maximum cumulative amount that is made under the regulations after that day.

Suspension or cancellation

5.‍92 The Minister may, in the prescribed circumstances, suspend the payment of an education and training benefit or cancel the benefit.

Regulations

5.‍93 The Governor in Council may make regulations

• (a) prescribing how the length of service in the reserve force is to be determined for the purposes of paragraph 5.‍2(1)‍(a);

• (b) respecting what constitutes honourable release for the purpose of paragraph 5.‍2(1)‍(b);

• (c) providing for the periodic adjustment of the maximum cumulative amount referred to in subsection 5.‍2(2);

• (d) defining “educational institution” for the purposes of paragraph 5.‍3(1)‍(a);

• (e) prescribing the education or training that may or may not be approved by the Minister under section 5.‍5; and

• (f) defining what constitutes incarceration in a correctional institution for the purposes of section 5.‍8.

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Non-application of this Part

42 This Part, other than sections 44.‍1 Insertion start and Insertion end 44. Insertion start 2 Insertion end , 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.

Caregiver Insertion start Recognition Insertion end Benefit

Eligibility

65.‍1 (1) The Minister may, on application Insertion start by a veteran Insertion end , pay a caregiver Insertion start recognition Insertion end benefit to Insertion start a person designated by the veteran Insertion end if

• (a)  Insertion start the veteran has Insertion end 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, Insertion start the veteran requires Insertion end ongoing care;

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  (b.‍1) the veteran has not been awarded a pension or compensation as those terms are defined in subsection 3(1) of the Pension Act;

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• (c)  Insertion start the designated person Insertion end is 18 years of age or older Insertion start and Insertion end plays an essential role in the provision or coordination of the ongoing care Insertion start to the veteran Insertion end in the veteran’s home for which the person receives no remuneration; and

Factors to be considered

(3) In deciding whether Insertion start a designated Insertion end person plays an essential role in the provision or coordination of the ongoing care Insertion start to the veteran Insertion end in the veteran’s home, the Minister shall consider only prescribed factors.

Amount of benefit

65.‍2 The Insertion start monthly Insertion end amount of a caregiver Insertion start recognition Insertion end benefit that is payable to a Insertion start designated person Insertion end shall be the amount set out in column 2 of item 5 of Schedule 2.

Only one designated person

65.‍21 A veteran may, for the purpose of subsection 65.‍1(1), designate only one person at a time.

When benefit payable

65.‍22 (1) Subject to subsection (2), a caregiver recognition benefit begins to be payable on the first day of the month in which the application for the benefit is made.

Replacement of designated person

(2) If a veteran, by means of a new application for a caregiver recognition benefit, replaces the designated person with a new designated person, the caregiver recognition benefit begins to be payable to the new designated person on the later of

• (a) the first day of the month in which the new application is made, and

• (b) the day on which the benefit ceases to be payable to the previously designated person.

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When benefit ceases to be payable

65.‍23 A caregiver recognition benefit ceases to be payable on the earliest of

• (a) the first day of the month after the month in which the conditions of eligibility set out in paragraphs 65.‍1(1)‍(a) to (d) are no longer met,

• (b) the first day of the month after the month in which the veteran makes a new application to replace the designated person with a new designated person, or

• (c) the first day of the month after the month in which the veteran or the designated person dies.

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Change in circumstances — veteran

65.‍24 (1) A veteran shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraphs 65.‍1(1)‍(a) to (d) or if the designated person dies.

Change in circumstances — designated person

(2) A designated person shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraph 65.‍1(1)‍(c) or if the veteran who designated the person dies.

Assessment

65.‍3 The Minister may, for the purpose of determining whether a Insertion start designated person Insertion end may continue to receive a caregiver Insertion start recognition Insertion end benefit, require the veteran Insertion start who designated the person Insertion end to undergo an assessment by a person specified by the Minister.

Suspension or cancellation

65.‍31 The Minister may, in the prescribed circumstances, suspend the payment of a caregiver recognition benefit or cancel the benefit.

Waiver

Waiver of requirement for application

78.‍1 (1) The Minister may waive the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the compensation, services or assistance if they were to apply for it.

Notice of intent

(2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in the prescribed manner of that intention.

Accepting waiver

(3) The person may accept to have the requirement for an application waived by notifying the Minister in the prescribed manner of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.

Date of waiver

(4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.

Minister may require application

(5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.

Waiver cancelled

(6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.

Effect of waiver

78.‍2 (1) If the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.

Effect of cancelling waiver

(2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.

Review of decision under Part 1, 1.‍1, 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 Insertion start 1, 1.‍1 Insertion end , 2 or 3.‍1 or under this section.

Payments

Amount paid to survivor

87.‍1 (1) Any amount that is payable under this Act to a person who dies before receiving it, is to be paid to their survivor.

Amount paid to estate or succession

(2) However, the amount is to be paid to the person’s estate or succession if they have no survivor or their survivor dies before receiving the amount.

Definition of survivor

(3) For the purposes of subsections (1) and (2), survivor, in relation to a deceased person, means

• (a) their spouse who was, at the time of the person’s death, residing with them; or

• (b) the person who was, at the time of the person’s death, cohabiting with them in a conjugal relationship and had done so for a period of at least one year.

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Erroneous payments of benefits or allowances

(4) Despite anything in this Act, the Minister may continue the payment of an Insertion start education and training benefit Insertion end , earnings loss benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit, a clothing allowance or a caregiver Insertion start recognition Insertion end benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

• (d) the benefit or allowance has been paid to the person for five years or more Insertion start or, in the case of an education and training benefit, for three years or more Insertion end .

Indemnisation erronée

(4) Malgré les autres dispositions de la présente loi, le ministre peut continuer de verser à la personne, bien que celle-ci n’y ait pas droit, tout ou partie Insertion start de l’allocation pour études et formation Insertion end , de l’allocation pour perte de revenus, de l’allocation de soutien du revenu, de l’allocation pour incidence sur la carrière, de l’allocation de sécurité du revenu de retraite, de l’allocation vestimentaire ou de l’allocation Insertion start de reconnaissance Insertion end pour aidant dont le montant résulte d’une erreur, d’un retard ou d’un oubli de la part d’un cadre ou fonctionnaire de l’administration publique fédérale et a fait l’objet d’une remise au motif prévu à l’alinéa (3)d), s’il estime que le versement, fait depuis au moins cinq ans, Insertion start ou depuis au moins trois ans dans le cas de l’allocation pour études et formation Insertion end , ne résulte pas d’une déclaration trompeuse ou de la dissimulation de faits importants de la part de cette personne et que son annulation ou sa réduction lui causerait un préjudice abusif.

• (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, Insertion start an education and training benefit, an education and training completion bonus Insertion end , rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit, Insertion start bonus Insertion end or allowance until the information, declaration or document is provided;

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  (e.‍1) respecting the provision of any information, declaration or document to the Minister by any veteran who applies for a caregiver recognition benefit under subsection 65.‍1(1) or by the person designated in the application, and authorizing the Minister to suspend payment of the benefit until the information, declaration or document is provided;

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• (f) respecting the procedure to be followed by the Minister in suspending or cancelling Insertion start career transition services Insertion end , rehabilitation services, vocational assistance or payment of compensation;

• (g) providing for a review of any decisions made under Part Insertion start 1, 1.‍1 Insertion end , 2 or 3.‍1 or under section 83, including the grounds for review, the powers on review and the number of reviews;

Retroactive application of regulations

94.‍1 Regulations made in respect of the retirement income security benefit and the caregiver Insertion start recognition Insertion end 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.

No award payable

3.‍1 (1) Despite any other provision of this Act, no award is payable under this Act in respect of any application made by or in respect of a member of the forces after Insertion start April 1, 2006 Insertion end unless

• (b) the application is in respect of the death of a member of the forces, if the death occurred before Insertion start April 1, 2006 Insertion end or is the result of an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted;

• (e) the Minister has determined under the Veterans Insertion start Well-being Insertion end Act that the injury or disease, or the aggravation of the injury or disease, for which the application is made is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted; or

Exception

(2) Subsection (1) does not apply in respect of an application for compensation made under Part III.‍1 if the application relates to a period spent as a prisoner of war that began before Insertion start April 1, 2006 Insertion end .

Assessments under Veterans Well-being Act

(1.‍2) Any disability assessments under the Veterans Insertion start Well-being Insertion end Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.

• (i) the circumstances in which a person is required to make payments in respect of all or part of the cost of accommodation and meals in a hospital, home or Insertion start other Insertion end institution,