GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Veterans Well-being Act — C-16.8 90
Interest 90 No interest shall be paid in respect of any compensation that is payable under this Act. 2005, c. 21, s. 90; 2011, c. 12, s. 16 2018, c. 12, s. 151
Veterans Well-being Act — C-16.8 91
Immunity 91 No action or other proceeding lies against any person by reason of anything done or said in good faith in any proceedings before the Minister or in any report of any medical examination or any assessment made for the purposes of this Act by any officer or employee of the Department of Veterans Affairs or by any other person at the request of the Minister.
Veterans Well-being Act — C-16.8 92
Definition of action 92 (1) In this section, action means any action or other proceeding brought by or on behalf of a member, a veteran, a member’s or a veteran’s survivor, a member’s or a veteran’s orphan or a person who was, at the time of the member’s or veteran’s death, a dependent child, against Her Majesty in which damages are claimed in respect of any injury, death, damage or loss for which compensation may be claimed under this Act. Stay of action against Crown until compensation refused (2) An action that is not barred by virtue of section 9 of the Crown Liability and Proceedings Act shall, on application, be stayed until an application for compensation has been made under this Act, in respect of the same injury, death, damage or loss in respect of which the claim has been made, and pursued in good faith by or on behalf of the person by whom, or on whose behalf, the action was brought, and, (a) in the case of an application that may be made under Part 2, a final decision to the effect that no compensation may be paid has been made under section 83 in respect of the application; and (b) in the case of an application that may be made under Part 3, a decision to the effect that no compensation may be paid to or in respect of that person in respect of the same injury, death, damage or loss has been affirmed by an appeal panel of the Board in accordance with the Veterans Review and Appeal Board Act .
Veterans Well-being Act — C-16.8 93
Certificates as evidence 93 (1) In any trial, prosecution or other proceeding, a certificate purporting to be signed by the Minister and setting out the amount of any compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of any day is evidence of the amount of the compensation obtained and the portion of the compensation that remains unrepaid or unrecovered as of that day without proof of the signature or official character of any person appearing to have signed the certificate and without further proof of the certificate. Documents as evidence (2) In any trial, prosecution or other proceeding, a document purporting to be an adjudication of the Minister or the Board is evidence of the facts stated in the document without proof of the signature or official character of any person appearing to have signed the document and without further proof of the document.
Veterans Well-being Act — C-16.8 94
Governor in Council 94 The Governor in Council may make regulations (a) respecting the time and manner of making an application for career transition services, rehabilitation services, vocational assistance or compensation under this Act, and respecting the information that is required to accompany the application; (a.1) respecting what constitutes a barrier to re-establishment in civilian life; (b) respecting the time and manner of payment of compensation under this Act; (c) providing for the periodic adjustment of the amounts set out in Schedules 1 to 4; (d) providing for the payment or the reimbursement of fees for financial advice; (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, an education and training benefit, an education and training completion bonus, rehabilitation services, vocational assistance, an income replacement benefit, a Canadian Forces income support benefit, pain and suffering compensation, additional pain and suffering compensation or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit, bonus, allowance, pain and suffering compensation or additional pain and suffering compensation until the information, declaration or document is provided; (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; (f) respecting the procedure to be followed by the Minister in suspending or cancelling career transition services, rehabilitation services, vocational assistance or payment of compensation; (g) providing for a review of any decisions made under Part 1, 1.1, 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews; (h) respecting the time and manner of making an application for a review under sections 83 and 84 ; (i) respecting the processes and procedures to be followed by the Minister in making decisions under this Act; (i.1) [Repealed, 2018, c. 12, s. 152] (i.2) [Repealed, 2018, c. 12, s. 152] (j) prescribing any matter required or authorized by this Act to be prescribed; (j.1) prescribing the way in which anything that is required or authorized by this Act to be prescribed is to be determined; and (k) generally, for carrying out the purposes and provisions of this Act. 2005, c. 21, s. 94; 2011, c. 12, s. 17; 2015, c. 36, s. 222; 2016, c. 7, s. 97; 2017, c. 20, s. 285 2018, c. 12, s. 152
Veterans Well-being Act — C-16.8 94.01
Transitional provisions — April 1, 2017 94.01 The Governor in Council may make regulations (a) respecting the provision of information or documents to the Minister by a person who may be entitled to an amount under any of sections 100 to 103 of the Budget Implementation Act, 2016, No. 1 ; and (b) providing for the reimbursement of fees for financial advice obtained by a person in relation to an amount that is paid or payable to them under any of sections 100 to 103 of that Act. 2016, c. 7, s. 90
Veterans Well-being Act — C-16.8 94.1
Retroactive application of regulations 94.1 Regulations made in respect of the caregiver recognition benefit under sections 65.4 and 94 may, if they so provide, be retroactive. 2015, c. 36, s. 223; 2017, c. 20, s. 286 2018, c. 12, s. 153
Veterans Well-being Act — C-16.8 95
Limitation 95 Sections 12 , 22 , 29 to 31 and 57 do not apply in respect of a member’s or veteran’s survivor or orphan, or a person who was, at the time of the member’s death, a dependent child, if the member’s or veteran’s death occurred before the coming into force of this section.
Veterans Well-being Act — C-16.8 96
Effect of Special Duty Area Pension Order 96 The Special Duty Area Pension Order continued by subsection 5(1) of An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act , chapter 12 of the Statutes of Canada, 2003, has effect as if it were made under section 69 .
Veterans Well-being Act — C-16.8 97
Effect of designations under Pension Act 97 The designations made under section 91.2 or 91.3 of the Pension Act , as those sections read immediately before the coming into force of sections 69 and 70 of this Act, have effect as if they were made under section 69 or 70 of this Act, respectively.
Veterans Well-being Act — C-16.8 98
Definitions 98 The following definitions apply in this section and in sections 99 to 129. Consumer Price Index means the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada. ( indice des prix à la consommation ) former Act means this Act as it read immediately before April 1, 2019. ( ancienne loi ) indexed means adjusted annually on January 1 in accordance with the annual percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year. ( indexé ) new Act means this Act as it reads on April 1, 2019. ( nouvelle loi ) 2005, c. 21, s. 98 2016, c. 7, s. 91 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8
Consumer Price Index means the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada. ( indice des prix à la consommation )
Veterans Well-being Act — C-16.8
former Act means this Act as it read immediately before April 1, 2019. ( ancienne loi )
Veterans Well-being Act — C-16.8
indexed means adjusted annually on January 1 in accordance with the annual percentage increase to the Consumer Price Index, rounded to the next 0.10%, for the year ending on October 31 of the previous year. ( indexé )
Veterans Well-being Act — C-16.8
new Act means this Act as it reads on April 1, 2019. ( nouvelle loi )
Veterans Well-being Act — C-16.8 100
Pending applications — earnings loss benefit and rehabilitation services 100 If, before April 1, 2019, a veteran made an application — in respect of a physical or a mental health problem — for an earnings loss benefit under subsection 18(1) of the former Act and for rehabilitation services or vocational assistance under section 8 or 9 of that Act but the Minister did not make a determination in respect of either of those applications before that date, then the veteran is deemed to have made an application for an income replacement benefit under subsection 18(1) of the new Act on that date. 2005, c. 21, s. 100 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 101
Pending applications — earnings loss benefit 101 (1) If, before April 1, 2019, the Minister approved an application for rehabilitation services or vocational assistance made by a veteran under section 8 or 9 of the former Act in respect of a physical or a mental health problem but the Minister did not make a determination before that date in respect of an application for an earnings loss benefit made by the veteran under subsection 18(1) of the former Act in respect of that health problem, then the Minister shall make the determination in respect of the application for the earnings loss benefit under that subsection. Approved applications — payment of benefit (2) If the Minister approves the application, the Minister shall pay to the veteran, under section 18 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 18(2) of that Act and ending on March 31, 2019. 2005, c. 21, s. 101 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 102
Review 102 (1) If, before April 1, 2019, the Minister made a determination to deny an application for an earnings loss benefit made by a veteran under subsection 18(1) of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to approve the application for the benefit in respect of a physical or a mental health problem, then the veteran is deemed, on the day of the final determination, to be entitled to an income replacement benefit under section 18 of the new Act in respect of that health problem and the following rules apply in respect of the veteran: (a) for the purposes of subsection 18(2) of the new Act, the veteran is deemed, on the day of the final determination, to be informed of their entitlement to the income replacement benefit; (b) despite subsection 18(3) of the new Act, the benefit begins to be payable to the veteran on the first day of the month in which the final determination is made; (c) the physical or mental health problem in respect of which the veteran is deemed to be entitled to the benefit is deemed to be the physical or mental health problem referred to in subsection 18(5) or (7) of the new Act; and (d) the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is to be determined under subsection 19(1) or 19.1(1) of that Act, subject to subsection (2). Limitation — career progression factor (2) If the physical or mental health problem in respect of which the veteran is deemed to be entitled to the income replacement benefit under subsection (1) did not result primarily from service in the Canadian Forces and an increase to the career impact allowance was not payable to the veteran, under subsection 38(3) of the former Act, on March 31, 2019, then the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is determined under subsection 19(1) of that Act without any periodic adjustment in accordance with a career progression factor. Non-application of subsection (1) (3) Subsection (1) does not apply to a veteran if the final determination referred to in that subsection is made after the day on which the veteran attains the age of 65 years. 2005, c. 21, s. 102 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 103
Review — diminished earning capacity 103 If, on a given day before April 1, 2019, the Minister made a determination that a veteran did not have a diminished earning capacity that was due to a physical or a mental health problem in respect of which the veteran was entitled to an earnings loss benefit under section 18 of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, that the veteran has a diminished earning capacity that is due to that problem, then the following rules apply in respect of the veteran: (a) the Minister is deemed to have made that final determination on that given day; (b) if, before April 1, 2019, the veteran was no longer entitled to the earnings loss benefit in respect of that problem, then (i) the veteran is deemed, on the day on which the veteran was no longer entitled to the benefit, to be entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act, (ii) the Minister shall pay to the veteran, under section 18 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day referred to in subparagraph (i) and ending on the earlier of March 31, 2019 and the day on which the veteran attains the age of 65 years, and (iii) if the veteran attained the age of 65 years in the period beginning on the day referred to in subparagraph (i) and ending on March 30, 2019, the veteran is deemed to have made an application for a retirement income security benefit under subsection 40.1(1) of the former Act on the day on which they attained the age of 65 years; and (c) if a career impact allowance was payable to the veteran under subsection 38(1) of the former Act on March 31, 2019 and the Minister, before April 1, 2019, made a determination to deny the veteran’s application for an increase to the career impact allowance made under subsection 38(3) of this Act as it read at any time before that date and if the Minister’s determination is not the subject of a review under section 83 on March 31, 2019 and the veteran did not, before April 1, 2019, make a new application for an increase to the career impact allowance under that subsection 38(3), then the veteran is deemed to have made an application for an increase to the career impact allowance under subsection 38(3) of the former Act on March 31, 2019. 2005, c. 21, s. 103 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 104
Members — determination deemed not to have been made 104 If, before April 1, 2019, the Minister made a determination in respect of an application for an earnings loss benefit made by a member under subsection 18(1) of the former Act and the member was not released from the Canadian Forces before March 31, 2019, then the application and the determination are deemed not to have been made. 2005, c. 21, s. 104 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 105
Members — pending applications 105 If, before April 1, 2019, a member made an application for an earnings loss benefit under subsection 18(1) of the former Act but the Minister did not make a determination in respect of the application before that date and the member was not released from the Canadian Forces before March 31, 2019, then the application is deemed not to have been made. 2005, c. 21, s. 105 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 106
s (2) and (5), the amount of the earnings loss benefit referred to in those subsections, and for the purposes of subsection (3), the amount determined by the formula set out in that subsection, is to be indexed until the time the income replacement benefit is payable. 2005, c. 21, s. 106 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 107
Pending applications 107 (1) If, before April 1, 2019, a survivor or an orphan made an application for an earnings loss benefit under subsection 22(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31, 2020, it is deemed to have been made on that date. Approved applications — payment of benefit (2) If the Minister approves the application, the Minister shall pay to the survivor or orphan, under section 22 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 22(2) of that Act and ending on March 31, 2019. Deemed application for retirement income security benefit (3) If the earnings loss benefit that is paid to a survivor referred to in subsection (2) ceases to be payable before March 31, 2019, the survivor is deemed to have made an application for a retirement income security benefit under subsection 40.4(1) of the former Act on the day on which the member or veteran, if alive, would have attained the age of 65 years. 2005, c. 21, s. 107 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 108
Review 108 (1) If, before April 1, 2019, the Minister made a determination to deny an application for an earnings loss benefit made by a survivor or an orphan under subsection 22(1) of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1, 2019, to approve the application for the benefit, then, (a) if the final determination is made after March 31, 2020, it is deemed to have been made on that date; and (b) the Minister shall pay to the survivor or orphan, under section 22 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 22(2) of that Act and ending on March 31, 2019. Deemed application for retirement income security benefit (2) If the earnings loss benefit that is paid to a survivor referred to in paragraph (1)(b) ceases to be payable before March 31, 2019, the survivor is deemed to have made an application for a retirement income security benefit under subsection 40.4(1) of the former Act on the day on which the member or veteran, if alive, would have attained the age of 65 years. 2005, c. 21, s. 108 2018, c. 12, s. 157
Veterans Well-being Act — C-16.8 109
Amount paid — veterans who received increase 109 (1) If an increase to the career impact allowance was payable to a veteran, under subsection 38(3) of the former Act, on March 31, 2019 but neither an earnings loss benefit under section 18 of the former Act nor a retirement income security benefit under section 40.1 or 40.2 of that Act was payable to the veteran on March 31, 2019, then the Minister shall pay to the veteran, for every month for which the income replacement benefit is not payable to the veteran under section 18 of the new Act and that is included in the period beginning with the month of April 2019 and ending with the month in which the veteran dies, an amount equal to, (a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the amount is payable under this subsection; or (b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the amount is payable under this subsection. Non-application of subsection (1) (2) Subsection (1) does not apply if the Minister determines that the veteran’s eligibility for an amount that is payable under that subsection is based on a misrepresentation or the concealment of a material fact. The determination is deemed to be made under Part 2. Minimum amount of income replacement benefit (3) If a veteran received an amount under subsection (1) for a given month and if, for any month after that month, the income replacement benefit is payable to the veteran under section 18 of the new Act, then the monthly amount of the income replacement benefit that is payable to the veteran is not, despite subsections 19(1) and 19.1(1) of the new Act, to be less than, (a) if the increase to the career impact allowance that the veteran received under subsection 38(3) of the former Act for the month of March 2019 was payable for the whole month, the amount of the increase that the veteran received for that month, indexed until the time the benefit is payable; or (b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the benefit is payable. Amount deemed to be compensation (4) An amount paid or payable under subsection (1) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1). Application of subsection 88(4) (5) Subsection 88(4) applies to an amount paid under subsection (1). 2005, c. 21, s. 109 2018, c. 12, s. 157