GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Veterans Well-being Regulations — 48
48 An application for compensation under Part 3 of the Act shall be made in writing and shall include (a) a declaration attesting to the truth of the information provided; and (b) at the request of the Minister, any information or documents that are necessary to enable the Minister to assess whether an applicant is eligible for compensation or the amount of compensation payable. SOR/2009-225, s. 12(F); SOR/2011-302, s. 12
Veterans Well-being Regulations — 48.1
48.1 An application for a critical injury benefit shall include medical reports or other records that document the member’s or veteran’s injury or disease, the diagnosis and the nature and duration of treatment received. SOR/2015-197, s. 4
Veterans Well-being Regulations — 48.2
48.2 The presumptions set out in section 50 apply with any necessary modifications to applications for a critical injury benefit. SOR/2015-197, s. 4
Veterans Well-being Regulations — 48.3
48.3 For the purpose of subsection 44.1(2) of the Act, the Minister shall consider whether the member or the veteran (a) sustained an amputation at or above the wrist or ankle; (b) sustained legal blindness in both eyes — meaning that their best corrected visual acuity is less than or equal to 6/60 or they have less than 20 degrees of visual field remaining — for a minimum of 84 consecutive days; (c) sustained quadriplegia, paraplegia, hemiplegia or complete paralysis of a limb for a minimum of 84 consecutive days; (d) sustained total loss of urinary or bowel function for a minimum of 84 consecutive days; (e) required the assistance of at least one person to perform at least three activities of daily living for a minimum of 112 consecutive days; (f) was admitted to an intensive care unit for a minimum of five consecutive days; (g) was admitted to a hospital for acute or rehabilitative inpatient care for a minimum of 84 consecutive days; or (h) was admitted to a hospital for acute or rehabilitative inpatient care for less than 84 consecutive days during which the member or the veteran received complex treatments. SOR/2015-197, s. 4
Veterans Well-being Regulations — 48.4
48.4 For the purpose of subsection 44.1(1) of the Act, a sudden and single incident is a one-time event — including motor vehicle accidents, falls, explosions, gunshot wounds, electrocution, and exposure to chemical agents — in which the member is abruptly exposed to external factors. SOR/2015-197, s. 4
Veterans Well-being Regulations — 49
49 An application for pain and suffering compensation shall include (a) medical reports or other records that document the member’s or veteran’s injury or disease, diagnosis, disability and increase in the extent of the disability; and (b) in the case of an application by a survivor or a dependent child, (i) a copy of the death certificate of the member or veteran, and (ii) medical reports or other records that document the cause of death of the member or veteran. SOR/2011-302, s. 13(F); SOR/2013-157, s. 3(E) SOR/2018-177, s. 18
Veterans Well-being Regulations — 50
50 For the purposes of subsection 45(1) of the Act, a member or veteran is presumed, in the absence of evidence to the contrary, to have established that an injury or disease is a service-related injury or disease, or a non-service-related injury or disease that was aggravated by service, if it is demonstrated that the injury or disease or its aggravation was incurred in the course of (a) any physical training or sports activity in which the member or veteran was participating that was authorized or organized by a military authority, or performed in the interests of the service although not authorized or organized by a military authority; (b) any activity incidental to or directly connected with an activity described in paragraph (a), including the transportation of the member or veteran by any means between the place at which the member or veteran normally performed duties and the place of the activity; (c) the transportation of the member or veteran, in the course of duties, in a military vessel, vehicle or aircraft or by any means of transportation authorized by a military authority, or any act done or action taken by any person that was incidental to or directly connected with that transportation; (d) the transportation of the member or veteran while on authorized leave by any means authorized by a military authority, other than public transportation, between the place at which the member or veteran normally performed duties and the place at which the member or veteran was to take leave or a place at which public transportation was available; (e) service in an area in which the prevalence of the disease that was contracted by the member or veteran, or that aggravated an existing injury or disease of the member or veteran, constituted a health hazard to persons in that area; (f) any military operation, training or administration, as a result of either a specific order or an established military custom or practice, whether or not a failure to perform the act that resulted in the injury or disease or its aggravation would have resulted in disciplinary action against the member or veteran; or (g) the performance by the member or veteran of any duties that exposed the member or veteran to an environmental hazard that might reasonably have caused the injury or disease or its aggravation.
Veterans Well-being Regulations — 51
51 Subject to section 52, if an application for pain and suffering compensation is in respect of a disability or disabling condition of a member or veteran that was not obvious at the time they became a member of the forces and was not recorded on their medical examination prior to enrolment, the member or veteran is presumed to have been in the medical condition found on their enrolment medical examination unless there is (a) recorded evidence that the disability or disabling condition was diagnosed within three months after enrolment; or (b) medical evidence that establishes beyond a reasonable doubt that the disability or disabling condition existed prior to enrolment. SOR/2018-177, s. 18
Veterans Well-being Regulations — 52
52 Information given by a member or veteran at the time of enrolment with respect to a disability or disabling condition is not evidence that the disability or disabling condition existed prior to their enrolment unless there is corroborating evidence that establishes beyond a reasonable doubt that the disability or disabling condition existed prior to the time they became a member of the forces.
Veterans Well-being Regulations — 53
53 A member or veteran who is in receipt of pain and suffering compensation shall, at the Minister’s request, provide medical reports or other records or any other information or documents that are necessary to enable the Minister to assess the member’s or veteran’s continued eligibility for the compensation or the extent of the member’s or veteran’s disability or to determine the amount of the compensation payable. SOR/2018-177, s. 13
Veterans Well-being Regulations — 53.1
53.1 (1) For the purposes of section 52.1 of the Act, the Minister may suspend the payment of pain and suffering compensation to a member or veteran who fails to provide the information or documents required under section 53 until the information and documents are provided. (2) Before suspending the payment of pain and suffering compensation to a member or veteran, the Minister shall provide the member or the veteran with written notification of the reasons for the suspension and the effective date of the suspension. SOR/2018-177, s. 13
Veterans Well-being Regulations — 53.2
53.2 (1) For the purposes of section 52.1 of the Act, the Minister may cancel the payment of pain and suffering compensation if (a) the situation that gave rise to the suspension of the payment of pain and suffering compensation is not resolved within six months from the effective date of the suspension; or (b) the assessment of the member’s or veteran’s eligibility for pain and suffering compensation or of the extent of their disability or the determination of the amount payable was based on a misrepresentation or the concealment of a material fact. (2) On cancelling the payment of pain and suffering compensation, the Minister shall provide the member or the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and the member’s or veteran’s rights of review. SOR/2018-177, s. 13
Veterans Well-being Regulations — 53.3
53.3 For the purposes of subsection 53(1) of the Act, a member or veteran may elect to receive the pain and suffering compensation as a lump sum by notifying the Minister in writing of their election. SOR/2018-177, s. 13
Veterans Well-being Regulations — 53.4
53.4 (1) The following sources are prescribed for the purposes of section 56.3 of the Act: (a) amounts arising from a legal liability to pay damages for non-economic loss; and (b) compensation payable in respect of non-economic loss under (i) the Government Employees Compensation Act , (ii) any provincial workers’ compensation legislation, (iii) a compensation plan established by any other legislation of a similar nature, whether federal, provincial or of another jurisdiction other than a plan to which the member or veteran has contributed, and (iv) a compensation plan of a similar nature established by the United Nations or by or under an international agreement to which Canada is a party, other than a plan to which the member or veteran has contributed. (2) For the purposes of section 56.3 of the Act, the amount by which the Minister may reduce the pain and suffering compensation that is payable monthly to a member or veteran is the lesser of (a) the amount that is payable from the prescribed source, converted into a monthly amount in accordance with generally accepted actuarial principles if it has been paid or is payable in a lump sum or on a periodic basis other than monthly, and (b) the full amount of pain and suffering compensation that is payable monthly. (3) For the purposes of section 56.3 of the Act, the amount by which the Minister may reduce the pain and suffering compensation that is payable as a lump sum to a member or veteran is the lesser of (a) the amount that is payable from the prescribed source, converted into a lump-sum amount in accordance with generally accepted actuarial principles if it has been paid or is payable on a periodic basis, and (b) the full amount of pain and suffering compensation that is payable as a lump sum. (4) If the pain and suffering compensation paid to a member or veteran was reduced in accordance with subsection (2) or (3) and, at the time of the member’s or veteran’s death, the total amount of the reduction exceeds the total amounts received from the prescribed source, the reduction in the pain and suffering compensation shall be redetermined in accordance with subsection (2) or (3) with the references in paragraphs (2)(a) and (3)(a) to the amount that is payable from the prescribed source being replaced with references to the total amount received by the member or veteran from the prescribed source before death. (5) If the redetermination under subsection (4) results in a smaller reduction of pain and suffering compensation than was previously determined under subsection (2) or (3), the difference between the two amounts is to be paid to the member’s or veteran’s survivor or dependent children in the manner set out in section 56.1 of the Act. SOR/2018-177, s. 13
Veterans Well-being Regulations — 54
54 For the purposes of section 56.6 of the Act, a permanent and severe impairment is (a) an amputation at or above the elbow or the knee; (b) the amputation of more than one upper or lower limb at any level; (c) a total and permanent loss of the use of a limb; (d) a total and permanent loss of vision, hearing or speech; (e) a severe and permanent psychiatric condition; (f) a severe and permanent limitation in mobility or self-care; or (g) a permanent requirement for supervision. SOR/2013-157, s. 3(E) SOR/2018-177, s. 13
Veterans Well-being Regulations — 54.1
54.1 For the purposes of subsection 56.6(4) of the Act, the assessment of the extent of the veteran’s permanent and severe impairment shall be based on any relevant factor, including (a) the need for institutional care; (b) the need for supervision and assistance; (c) the degree of the loss of use of a limb; (d) the frequency of the symptoms; and (e) the degree of psychiatric impairment. SOR/2011-219, s. 9 SOR/2018-177, s. 13
Veterans Well-being Regulations — 54.2
54.2 An application for additional pain and suffering compensation or for a reassessment of the extent of the veteran’s permanent and severe impairment shall include medical reports or other records that document the veteran’s disability that is creating the permanent and severe impairment and the barrier to re-establishment in civilian life. SOR/2011-219, s. 9 SOR/2018-177, s. 13
Veterans Well-being Regulations — 54.3
54.3 A veteran who is in receipt of additional pain and suffering compensation shall, at the Minister’s request, provide medical reports or other records or any other information or documents that are necessary to enable the Minister to assess the veteran’s continued eligibility for the compensation or the extent of the veteran’s permanent and severe impairment. SOR/2011-219, s. 9 SOR/2018-177, s. 13
Veterans Well-being Regulations — 54.4
54.4 (1) For the purposes of section 56.8 of the Act, the Minister may suspend the payment of additional pain and suffering compensation to a veteran who fails to do either of the following until the situation that gave rise to the suspension is resolved: (a) provide the information or documents required under section 54.3; or (b) undergo a medical examination or an assessment required by the Minister under section 56.7 of the Act. (2) Before suspending the payment of additional pain and suffering compensation to a veteran, the Minister shall provide the veteran with written notification of the reasons for the suspension and the effective date of the suspension. SOR/2018-177, s. 13
Veterans Well-being Regulations — 54.5
54.5 (1) For the purposes of section 56.8 of the Act, the Minister may cancel the payment of additional pain and suffering compensation if (a) the situation that gave rise to the suspension of the payment of additional pain and suffering compensation is not resolved within six months from the effective date of the suspension; or (b) the assessment of the veteran’s eligibility for additional pain and suffering compensation or of the extent of their permanent and severe impairment was based on a misrepresentation or the concealment of a material fact. (2) On cancelling the payment of additional pain and suffering compensation, the Minister shall provide the veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and the veteran’s rights of review. SOR/2018-177, s. 13
Veterans Well-being Regulations — 55
55 An application for a death benefit shall include medical reports or other records that document the member’s injury or disease, diagnosis and cause of death.
Veterans Well-being Regulations — 56
56 The presumptions set out in section 50 apply with any necessary modifications to applications for a death benefit. SOR/2009-225, s. 13(E)
Veterans Well-being Regulations — 57
57 (1) For the purposes of subsection 58(2) of the Act, the prescribed sources are those set out in subsection 53.4(1). (2) For the purposes of subsection 58(2) of the Act, the amount by which the Minister may reduce the death benefit is the lesser of (a) the amount that is payable from the prescribed source, converted into a lump-sum amount in accordance with generally accepted actuarial principles if it has been paid or is payable on a periodic basis, and (b) the full amount of the death benefit. SOR/2018-177, s. 14
Veterans Well-being Regulations — 59
59 A clothing allowance shall be paid monthly.
Veterans Well-being Regulations — 60
60 An application for a detention benefit by the testamentary estate or testamentary succession of a deceased member or veteran must include (a) a copy of the death certificate of the member or veteran; (b) a copy of the last will and testament of the member or veteran; and (c) a copy of the letters probate or other applicable documentation demonstrating the appointment of an executor. SOR/2011-302, s. 14(F)
Veterans Well-being Regulations — 61
61 A detention benefit shall be paid as a lump sum in an amount equal to the amount set out in column 4 of Schedule 3 to the Act, as adjusted in accordance with section 63.1, for each of the following rates of pain and suffering compensation set out in column 1 of that Schedule: (a) in respect of periods of detention totalling at least 30 days but not more than 88 days, 5%; (b) in respect of periods of detention totalling at least 89 days but not more than 545 days, 10%; (c) in respect of periods of detention totalling at least 546 days but not more than 910 days, 15%; (d) in respect of periods of detention totalling at least 911 days but not more than 1,275 days, 30%; (e) in respect of periods of detention totalling at least 1,276 days but not more than 1,641 days, 35%; and (f) in respect of periods of detention totalling at least 1,642 days, 40%. SOR/2016-240, s. 9 SOR/2018-177, s. 15
Veterans Well-being Regulations — 62
62 A person to whom an amount is paid or payable under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1 , or who receives a critical injury benefit, a detention benefit, a death benefit, a disability award equal to or greater than the amount set out in column 3 of Schedule 3 to the Act as it read immediately before April 1, 2019, as adjusted in accordance with section 63.1, that corresponds to a rate of award of 5% set out in column 1 of that Schedule, or pain and suffering compensation equal to or greater than the amount set out in column 3 of Schedule 3 to the Act, as adjusted in accordance with section 63.1, that corresponds to a rate of pain and suffering compensation of 5% set out in column 1 of that Schedule, is eligible, on application, for the payment or reimbursement of fees for financial advice, to a maximum of $500, relating to the amount, award or benefit if (a) the financial advice is provided by an arms-length financial adviser who is primarily engaged in the business of providing financial advice; (b) the person makes the application within 12 months after (i) in the case of an amount paid or payable under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1 , the date of the letter notifying the person of the amount paid or payable, or (ii) in any other case, the date of the decision; and (c) the person provides an invoice containing the name and business address of the financial adviser and, if applicable, proof of payment. SOR/2015-197, s. 5; SOR/2016-240, s. 10 SOR/2018-177, s. 16
Veterans Well-being Regulations — 63
63 (1) In this section, basic pension means the monthly basic pension payable under Schedule I to the Pension Act to a Class 1 pensioner without a spouse, common-law partner or child. (2) The amount set out in column 2 of item 4 of Schedule 2 to the Act shall be adjusted on January 1 of every calendar year so that the amount payable for that year equals the product obtained by multiplying (a) the amount payable in the preceding calendar year by (b) the ratio that the basic pension payable in the calendar year bears to the basic pension payable in the preceding calendar year. SOR/2015-197, s. 6; SOR/2016-240, s. 11
Veterans Well-being Regulations — 63.1
63.1 (1) The amounts set out in items 2.2 and 3, column 2, of Schedule 2 to the Act and all the amounts in columns 3 and 4 of Schedule 3 to the Act and column 2 of Schedule 4 to the Act shall be adjusted annually on January 1 in accordance with the percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year. (2) The Consumer Price Index is the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada. SOR/2016-240, s. 12 SOR/2018-177, s. 17
Veterans Well-being Regulations — 63.2
63.2 The Minister may require a person who may be entitled to an amount under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1 to provide the Minister with any information or documents that are necessary to enable the Minister to assess whether the person is entitled to the amount. SOR/2016-240, s. 12
Veterans Well-being Regulations — 64
64 A decision of the Minister with respect to an award under Part 3 of the Act shall contain the reasons for the decision.
Veterans Well-being Regulations — 65
65 The Minister shall send written notice of a decision made under Part 3 of the Act to the applicant and shall inform the applicant of their right (a) to a review of the decision under section 84 or 85 of the Act; and (b) to be represented before the Board (i) free of charge, by the Bureau of Pensions Advocates or by a service bureau of a veterans’ organization, or (ii) at the applicant’s own expense, by any other representative.
Veterans Well-being Regulations — 65.1
65.1 An application under section 65.1 of the Act shall be made in writing and shall include (a) the name, date of birth and address of the person designated for the purposes of subsection 65.1(1) of the Act; (b) a declaration by the veteran attesting to the truth of the information provided and their consent to the disclosure by the Minister of their personal information to the designated person for the purposes of Part 3.1 of the Act; (c) a declaration by the designated person attesting that they (i) meet the requirements set out in paragraph 65.1(1)(c) of the Act, and (ii) consent to (A) their designation for the purposes of subsection 65.1(1) of the Act, (B) the disclosure by the veteran of their personal information to the Minister for the purposes of Part 3.1 of the Act, and (C) the disclosure by the Minister of their personal information to the veteran for the purposes of Part 3.1 of the Act; and (d) at the Minister’s request, any other information or documents that are necessary to enable the Minister to assess the applicant’s eligibility for the benefit. SOR/2015-197, s. 7; SOR/2017-161, s. 5
Veterans Well-being Regulations — 65.2
65.2 For the purposes of paragraph 65.1(1)(d) of the Act, the veteran shall (a) either (i) require a level of care and supervision that is consistent with admission to an institution, (ii) require daily physical assistance of another person for most activities of daily living, (iii) require ongoing direction and supervision during the performance of most activities of daily living, or (iv) require daily supervision and is not considered to be safe when left alone. (b) [Repealed, SOR/2017-161, s. 6] SOR/2015-197, s. 7; SOR/2017-161, s. 6
Veterans Well-being Regulations — 65.3
65.3 For the purposes of subsection 65.1(2) of the Act, the Minister shall consider only whether the veteran’s state of physical, mental or cognitive health is not likely to substantially improve for at least 12 months. SOR/2015-197, s. 7
Veterans Well-being Regulations — 65.4
65.4 For the purposes of subsection 65.1(3) of the Act, the Minister shall consider only whether, when the person referred to in paragraph 65.1(1)(c) of the Act is unavailable, (a) the provision or coordination of the ongoing care would be compromised; and (b) the health and well-being of the veteran would be placed at risk. SOR/2015-197, s. 7