GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Veterans Review and Appeal Board Act — V-1.6 43
Report of inquiry 43 (1) After an inquiry has been completed, the judge who conducted the inquiry shall submit a report of the conclusions of the inquiry to the Minister. Recommendations (2) Where an inquiry has been held and, in the opinion of the judge who conducted the inquiry, the member in respect of whom the inquiry was held (a) has become incapacitated from the due execution of their office by reason of infirmity, (b) is guilty of misconduct, (c) has failed in the due execution of their office, or (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of their office, the judge may, in the report of the inquiry, recommend that the member be suspended without pay or removed from office or may recommend that such remedial measure as the judge considers necessary be taken. Governor in Council may suspend or remove (3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member to whom the report relates without pay, remove the member from office or take any remedial measure.
Veterans Review and Appeal Board Act — V-1.6 44
Rules 44 (1) The Board may make rules, not inconsistent with the regulations, governing the proceedings, practice and procedures of the Board. Quorum (2) A majority of permanent members in office constitutes a quorum for the purpose of making rules under subsection (1).
Veterans Review and Appeal Board Act — V-1.6 45
Regulations 45 The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations (a) prescribing the procedure to be followed in respect of applications, appeals or other matters under this Act; (b) prescribing the information to be provided in connection with an application or appeal; (c) prescribing the information to be included in the Board’s decisions; (d) governing the giving of notice of the Board’s decisions; and (e) prescribing persons or organizations for the purposes of sections 30 and 37.
Veterans Review and Appeal Board Act — V-1.6 106
Members of Veterans Appeal Board cease to hold office 106 (1) The Chairman, Deputy Chairman and other members of the Veterans Appeal Board cease to hold office on the day on which this section comes into force. Staff (2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Veterans Appeal Board, except that the employee shall, on the coming into force of this section, occupy their position in the Veterans Review and Appeal Board under the authority of the Chairperson of that Board. Definition of employee (3) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act .
Veterans Review and Appeal Board Act — V-1.6 107
Members of Canadian Pension Commission cease to hold office 107 (1) The Chairman, Deputy Chairman and other members of the Canadian Pension Commission cease to hold office on the day on which this section comes into force. Staff (2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Canadian Pension Commission, except that the employee shall, on the coming into force of this section, occupy their position in the Veterans Review and Appeal Board under the authority of the Chairperson of that Board. Definition of employee (3) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act .
Veterans Review and Appeal Board Act — V-1.6 108
Chief Pensions Advocate ceases to hold office 108 (1) The Chief Pensions Advocate appointed pursuant to subsection 18(1) of the Pension Act , as it read immediately before the day on which section 47 of this Act comes into force, ceases to hold office on the day on which that section comes into force. Staff (2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Bureau of Pensions Advocates, except that the employee shall, on the coming into force of this section, occupy their position in the Department of Veterans Affairs under the authority of the Deputy Minister of Veterans Affairs. Definition of employee (3) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act . 1995, c. 18, s. 108; 2000, c. 34, s. 94(F)
Veterans Review and Appeal Board Act — V-1.6 109
Pending applications for awards 109 (1) Applications for awards pending before the Canadian Pension Commission on the day on which section 47 of this Act comes into force shall be transferred to the Minister of Veterans Affairs and dealt with in accordance with the Pension Act , as amended by this Act. Pending applications for compassionate awards (2) Applications made under section 33 of the Pension Act , as it read immediately before the day on which section 53 of this Act comes into force, that are pending before the Canadian Pension Commission on the day on which that section comes into force shall be transferred to the Veterans Review and Appeal Board and dealt with in accordance with section 34 of the Veterans Review and Appeal Board Act , as enacted by this Act. 1995, c. 18, s. 109; 2000, c. 34, s. 94(F)
Veterans Review and Appeal Board Act — V-1.6 110
Pending proceedings 110 (1) Proceedings pending on the day on which section 73 of this Act comes into force before members of the Canadian Pension Commission or an Entitlement Board under section 87 or 88 of the Pension Act , as that Act read immediately before the day on which section 73 of this Act comes into force, shall be taken up and continued under and in conformity with the Veterans Review and Appeal Board Act , as enacted by this Act, and the Pension Act , as amended by this Act, before a review panel of the Veterans Review and Appeal Board established in accordance with section 19 of the Veterans Review and Appeal Board Act . Pending proceedings (2) Proceedings pending before the Veterans Appeal Board on the day on which section 105 of this Act comes into force shall be taken up and continued under and in conformity with the Veterans Review and Appeal Board Act , as enacted by this Act, and the Pension Act , as amended by this Act, before an appeal panel of the Veterans Review and Appeal Board established in accordance with section 27 of the Veterans Review and Appeal Board Act .
Veterans Review and Appeal Board Act — V-1.6 111
Reconsideration of decisions of predecessor bodies 111 The Veterans Review and Appeal Board may, on its own motion, reconsider any decision of the Veterans Appeal Board, the Pension Review Board, the War Veterans Allowance Board, or an Assessment Board or an Entitlement Board as defined in section 79 of the Pension Act , and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may, in the case of any decision of the Veterans Appeal Board, the Pension Review Board or the War Veterans Allowance Board, do so on application if new evidence is presented to it. 1995, c. 18, s. 111; 1999, c. 10, s. 41
Veterans Review and Appeal Board Act — V-1.6 112
Transfer of property and moneys in trust 112 Any property and moneys conveyed in trust to the Canadian Pension Commission pursuant to section 10 of the Pension Act , as it read immediately before the day on which section 47 of this Act comes into force, are on that day transferred to the Minister of Veterans Affairs, and the Minister shall administer the property or moneys in accordance with section 6 of the Pension Act , as enacted by section 47 of this Act. 1995, c. 18, s. 112; 2000, c. 34, s. 94(F)
Veterans Review and Appeal Board Act — V-1.6 113
Transfer of appropriations 113 (1) Any amount appropriated, for the fiscal year in which this Act comes into force, by an appropriation Act based on the Estimates for that year, for defraying the charges and expenses of the Veterans Appeal Board or the Canadian Pension Commission and that, on the day on which this section comes into force, is unexpended shall be applied, in such manner as the Treasury Board may determine, to defray the charges and expenses of the Department of Veterans Affairs and the Veterans Review and Appeal Board. Transfer of appropriations (2) Any amount appropriated, for the fiscal year in which this Act comes into force, by an appropriation Act based on the Estimates for that year, for defraying the charges and expenses of the Bureau of Pensions Advocates and that, on the day on which this section comes into force, is unexpended shall be applied, in such manner as the Treasury Board may determine, to defray the charges and expenses of the Department of Veterans Affairs. 1995, c. 18, s. 113; 2000, c. 34, s. 94(F)
Veterans Review and Appeal Board Act — V-1.6 Coming into force
Coming into force * 119 (1) Subject to subsection (2), this Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Sections 1 to 113 in force September 15, 1995, see SI/95-108.] Coming into force (2) Sections 114 to 118 come into force on the day on which this Act is assented to.
Vimy Ridge Day Act — V-1.8 Preamble
Preamble WHEREAS the Battle of Vimy Ridge of April 9, 1917 was the first time that Canadians from coast to coast fought in a battle together against a common enemy;
Vimy Ridge Day Act — V-1.8
AND WHEREAS the Battle of Vimy Ridge is considered by many to be a turning point for our country and the beginning of Canada’s march towards nationhood;
Vimy Ridge Day Act — V-1.8
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Vimy Ridge Day Act — V-1.8 1
Short title 1 This Act may be cited as the Vimy Ridge Day Act .
Vimy Ridge Day Act — V-1.8 2
Vimy Ridge Day 2 Throughout Canada, in each and every year, the ninth day of April shall be known as “Vimy Ridge Day”.
Vimy Ridge Day Act — V-1.8 3
Canadian flag at half-mast 3 In each and every year, on the ninth day of April, the Canadian flag on the Peace Tower shall be lowered at half-mast.
Vimy Ridge Day Act — V-1.8 4
Not a legal holiday 4 For greater certainty, Vimy Ridge Day will not be considered a legal holiday or a non-juridical day.
Department of Veterans Affairs Act — V-1 1
Short title 1 This Act may be cited as the Department of Veterans Affairs Act . R.S., 1985, c. V-1, s. 1; 2000, c. 34, s. 95(F)
Department of Veterans Affairs Act — V-1 1.1
Definition of dependant 1.1 For the purposes of this Act, dependant means the spouse or common-law partner or child of any person referred to in subparagraph 4(a)(i), or any other person who provided or received care or support, financial or otherwise, to or from that person. 2011, c. 24, s. 179
Department of Veterans Affairs Act — V-1 2
Department established 2 (1) There is hereby established a department of the Government of Canada called the Department of Veterans Affairs over which the Minister of Veterans Affairs appointed by commission under the Great Seal shall preside. Minister (2) The Minister holds office during pleasure and has the management and direction of the Department. R.S., 1985, c. V-1, s. 2; 2000, c. 34, s. 94(F)
Department of Veterans Affairs Act — V-1 3
Deputy head 3 The Governor in Council may appoint an officer called the Deputy Minister of Veterans Affairs to hold office during pleasure and to be the deputy head of the Department. R.S., 1985, c. V-1, s. 3; 2000, c. 34, s. 94(F)
Department of Veterans Affairs Act — V-1 4
Powers, duties and functions of Minister 4 The powers, duties and functions of the Minister extend and apply to (a) the administration of such Acts of Parliament, and of such orders of the Governor in Council, as are not by law assigned to any other department of the Government of Canada or any Minister thereof, relating to (i) the care, treatment or re-establishment in civil life of any person who served in the Canadian Forces or merchant navy or in the naval, army or air forces or merchant navies of Her Majesty, of any person who has otherwise engaged in pursuits relating to war, and of any other person designated by the Governor in Council, and (ii) the care of the dependants or survivors of any person referred to in subparagraph (i); and (b) all such other matters and such boards and other bodies, subjects, services and properties of the Crown as may be designated, or assigned to the Minister, by the Governor in Council. R.S., 1985, c. V-1, s. 4; 2000, c. 34, s. 11
Department of Veterans Affairs Act — V-1 4.1
Gifts and bequests 4.1 The Minister may accept and administer any property and moneys that are conveyed to the Minister for the benefit of a class or subclass of persons referred to in subparagraph 4(a)(i) or (ii), on such terms and conditions as are set out in the conveyance or, if none are set out, on such terms and conditions as the Minister deems reasonable. 2000, c. 34, s. 12
Department of Veterans Affairs Act — V-1 5
t or under any enactment incorporating that Act by reference, (i.1) the person died of an injury or a disease for which a disability award, pain and suffering compensation or a death benefit was payable under the Veterans Well-being Act , (ii) the person was, at the time of death, in receipt of care or treatment in respect of a disability described in subparagraph (i), (iii) there are insufficient funds, as determined under the regulations, for the person’s funeral, burial or cremation, or (iv) another department or agency of the Government of Canada, or the government of another country, requests the Department to provide any gravemarker, service or assistance referred to in this paragraph and agrees in writing to reimburse the Department for the cost; (g.2) for determining what constitutes insufficient funds for the purposes of subparagraph (g.1)(iii); (g.3) respecting procedures and terms and conditions relating to the provision of any gravemarker, service or assistance referred to in paragraph (g.1); (g.4) establishing standards relating to any gravemarker, service or assistance referred to in paragraph (g.1); (g.5) authorizing the Minister to establish, subject to any regulation made under paragraph (g.4), standards relating to any gravemarker, service or assistance referred to in paragraph (g.1); (g.6) providing for the Minister to enter into agreements with any body under which that body undertakes to administer the provision of any or all gravemarkers, services or assistance referred to in paragraph (g.1); (g.7) respecting matters that must be included in agreements referred to in paragraph (g.6); (h) respecting (i) the provision of benefits, similar to those provided under regulations made under paragraphs (b) to (g.7) or to those provided under Acts and orders referred to in paragraph 4(a), to persons who were employees or agents of the Government of Canada during World War II as that war is defined in subsection 3(1) of the Pension Act , and to their dependants and survivors, and (ii) the application of any of the provisions of the Acts and orders referred to in paragraph 4(a) to those benefits, persons, dependants and survivors; and (i) [Repealed, 2000, c. 34, s. 13] (j) for the purpose of carrying out the provisions of this Act with respect to any matter placed under the control and management of the Minister. (2) and (3) [Repealed, 1990, c. 43, s. 1] R.S., 1985, c. V-1, s. 5; 1990, c. 43, s. 1; 1999, c. 10, s. 37; 2000, c. 34, s. 13; 2001, c. 4, s. 126; 2005, c. 21, s. 100; 2011, c. 24, s. 180; 2015, c. 3, s. 75(F); 2017, c. 20, ss. 291, 292 2018, c. 12, s. 179
Department of Veterans Affairs Act — V-1 5.01
Veterans Health Care Regulations 5.01 (1) The Governor in Council may make regulations defining “province” for the purposes of any provision of the Veterans Health Care Regulations . Retroactive effect (2) Regulations made under subsection (1) may, if they so provide, have retroactive effect. 2026, c. 3, s. 372
Department of Veterans Affairs Act — V-1 5.1
5.1 (1) to (3) [Repealed before coming into force, 2008, c. 20, s. 3] Claims for past interest (4) No claim shall be made after this subsection comes into force for or on account of interest on moneys held or administered by the Minister during any period prior to January 1, 1990 pursuant to subsection 41(1) of the Pension Act , subsection 15(2) of the War Veterans Allowance Act or any regulations made under section 5 of this Act. 1990, c. 43, s. 2
Department of Veterans Affairs Act — V-1 5.2
Definition of overpayment 5.2 (1) In this section, overpayment , in relation to any period, means (a) a payment that was paid to a person in respect of that period and to which the person had no entitlement under the regulations made under section 5; or (b) if a payment was paid to a person in respect of that period that was in excess of the amount of the payment to which the person was entitled under the regulations made under section 5, the amount of that excess. Recovery of overpayments (2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and (a) may be recovered by deduction from any future payments made under the regulations made under section 5 to that person or to that person’s estate or succession; (b) may be recovered in accordance with section 155 of the Financial Administration Act ; and (c) may be recovered in any court of competent jurisdiction. Remission of overpayments (3) If a person has received or obtained an overpayment and the Minister is satisfied that (a) the overpayment cannot be recovered within the reasonably foreseeable future, (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered, (c) repayment of the overpayment would cause undue hardship to the person, or (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant, the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment. Recovery from survivor (4) Where a survivor of a deceased person retains any amount paid to that person after the last day of the month in which that person died, that amount may be deducted from any amount payable to the survivor under the regulations made under section 5. 2000, c. 34, s. 14
Department of Veterans Affairs Act — V-1 6
Taking oaths, etc. 6 (1) Any officer or employee of the Department authorized by the Minister may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of the administration of this Act or the regulations, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for taking affidavits. Acceptance of oaths, etc. (2) The Minister may accept, for the purpose of the administration of this Act or the regulations, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any officer or employee of (a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act , or (b) a department of the government of a province who has all the powers of a commissioner for taking affidavits. R.S., 1985, c. V-1, s. 6; 2000, c. 34, s. 14; 2003, c. 22, s. 161
Department of Veterans Affairs Act — V-1 6.1
Bureau continued 6.1 (1) There is hereby continued the Bureau of Pensions Advocates, consisting of a Chief Pensions Advocate and such other pensions advocates, officers and employees as may be required for the performance of the duties of the Bureau, and the Bureau shall form part of the Department. Qualifications of pensions advocates (2) The Chief Pensions Advocate and each pensions advocate shall be appointed from among persons who are members of the bar of a province. 1995, c. 18, s. 101; 2000, c. 34, s. 94(F)
Department of Veterans Affairs Act — V-1 6.2
Bureau’s duties 6.2 (1) It is the duty of the Bureau, on request, (a) to assist applicants and pensioners in the preparation of applications for review or of appeals under the Veterans Review and Appeal Board Act ; and (b) to arrange for applicants and pensioners to be represented by a pensions advocate at hearings on review or appeals under that Act. Bureau to act as solicitor (2) The relationship between the Bureau and a person requesting its assistance is that of solicitor and client, and the Bureau shall not be required in any proceedings before the Veterans Review and Appeal Board to disclose any information or material in its possession relating to any such person. Inconsistency with other provisions (3) If there is any inconsistency between subsection (2) and any other provision of this Act or any provision of any other enactment administered by the Minister, subsection (2) prevails to the extent of the inconsistency. 1995, c. 18, s. 101; 2000, c. 34, s. 15
Department of Veterans Affairs Act — V-1 6.3
Forms 6.3 Every application or other document required or permitted by the regulations, or by any enactment incorporating the regulations by reference, must be made or given in the form required by the Minister. 2000, c. 34, s. 16
Department of Veterans Affairs Act — V-1 6.4
Definition of personal information 6.4 In sections 6.5 to 6.9, personal information has the same meaning as in section 3 of the Privacy Act . 2000, c. 34, s. 16
Department of Veterans Affairs Act — V-1 6.5
Combining information 6.5 The Minister may combine in any single document, and in any electronic form, the collection of personal information required for the purposes of this Act, the regulations, and other enactments administered by the Minister. 2000, c. 34, s. 16
Department of Veterans Affairs Act — V-1 6.6
Information that shall be made available to Minister 6.6 The following personal information relating to a person referred to in subparagraph 4(a)(i) shall, if requested by the Minister, be made available to the Minister for the purpose of determining or verifying the service or medical history of the person in order to determine eligibility for a benefit under the regulations or under any enactment incorporating the regulations by reference: (a) personal information collected or obtained by the Department of National Defence in the administration of the National Defence Act or the Queen’s Regulations and Orders for the Canadian Forces, or any predecessor enactment relating to the same subject-matter; (b) personal information collected or obtained by the Department of Transport in the administration of the Aeronautics Act or the Canada Shipping Act, or any predecessor enactment relating to the same subject-matter; (c) personal information collected or obtained by the Department of Indigenous Services in the administration of the Indian Act , or any predecessor enactment relating to the same subject-matter; and (d) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act , or any predecessor enactment relating to the same subject-matter. 2000, c. 34, s. 16; 2004, c. 11, s. 27 2019, c. 29, s. 372