GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Veterans Well-being Act — C-16.8 64
Eligibility 64 (1) Subject to subsection (5), the Minister may, on application, pay a detention benefit to a member or a veteran, who, while serving with the Canadian Forces, was detained by a power, for the period spent in detention. Definition of power (2) In this section, power means (a) an enemy or an opposing force of Canada; (b) a person or a group that has as one of its purposes or activities the facilitating or carrying out of a terrorist activity; and (c) any prescribed entity. Period evading capture or escaping (3) For the purposes of subsection (1), the period spent in detention includes the period during which the member or veteran was engaged in evading capture by, or in escaping from, any power. Amount of benefit (4) The Governor in Council may make regulations prescribing the amount of the detention benefit. Restriction (5) No detention benefit is payable under this section in respect of a period spent in detention if the period began before the coming into force of this section.
Veterans Well-being Act — C-16.8 65
Death of member or veteran — no application made 65 (1) If a member or a veteran who would have been entitled to a detention benefit under section 64 dies before they have applied for the benefit, the Minister may, on application, pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section. Death of member or veteran — application pending (2) If a member or a veteran who has made an application for a detention benefit under section 64 dies before the Minister has made a decision in respect of the application, the Minister may pay to their testamentary estate or testamentary succession the detention benefit to which the member or veteran, had they lived, would have been entitled under that section. Rights of estate or succession (3) The testamentary estate or testamentary succession has, in respect of the application referred to in subsection (2), all of the rights that the member or veteran would have had had they lived.
Veterans Well-being Act — C-16.8 65.1
Eligibility 65.1 (1) The Minister may, on application by a veteran, pay a caregiver recognition benefit to a person designated by the veteran if (a) the veteran has had an application for a disability award or pain and suffering compensation approved; (b) as a result of the disability for which the application for a disability award or pain and suffering compensation was approved, the veteran requires ongoing care; (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 ; (c) the designated person is 18 years of age or older and plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home for which the person receives no remuneration; and (d) the veteran meets the prescribed eligibility requirements. Criteria to be considered (2) In deciding whether the veteran requires ongoing care, the Minister shall consider only prescribed criteria. Factors to be considered (3) In deciding whether a designated person plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home, the Minister shall consider only prescribed factors. (4) [Repealed, 2017, c. 20, s. 279] 2015, c. 36, s. 217; 2017, c. 20, s. 279 2018, c. 12, s. 147
Veterans Well-being Act — C-16.8 65.2
Amount of benefit 65.2 The monthly amount of a caregiver recognition benefit that is payable to a designated person shall be the amount set out in column 2 of item 5 of Schedule 2. 2015, c. 36, s. 217; 2017, c. 20, s. 280
Veterans Well-being Act — C-16.8 65.21
Only one designated person 65.21 A veteran may, for the purpose of subsection 65.1(1), designate only one person at a time. 2017, c. 20, s. 280
Veterans Well-being Act — C-16.8 65.22
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. 2017, c. 20, s. 280
Veterans Well-being Act — C-16.8 65.23
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. 2017, c. 20, s. 280
Veterans Well-being Act — C-16.8 65.24
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. 2017, c. 20, s. 280
Veterans Well-being Act — C-16.8 65.3
Assessment 65.3 The Minister may, for the purpose of determining whether a designated person may continue to receive a caregiver recognition benefit, require the veteran who designated the person to undergo an assessment by a person specified by the Minister. 2015, c. 36, s. 217; 2017, c. 20, s. 280
Veterans Well-being Act — C-16.8 65.31
Suspension or cancellation 65.31 The Minister may, in the prescribed circumstances, suspend the payment of a caregiver recognition benefit or cancel the benefit. 2017, c. 20, s. 280
Veterans Well-being Act — C-16.8 65.4
Regulations 65.4 The Governor in Council may make regulations (a) defining care for the purposes of paragraphs 65.1(1)(b) and (c) and subsections 65.1(2) and (3); and (b) defining home for the purposes of paragraph 65.1(1)(c) and subsection 65.1(3). 2015, c. 36, s. 217
Veterans Well-being Act — C-16.8 66
Group insurance program 66 (1) The Minister may (a) establish or enter into a contract to acquire a group insurance program comparable to the Public Service Health Care Plan established by the Treasury Board; (b) subject to the approval of the Treasury Board, set any terms and conditions in respect of the program, including those respecting the premiums or the contributions payable, the benefits and the management and control of the program; (c) make the contributions and pay the premiums or the benefits, as required; and (d) undertake and do all things that the Minister considers appropriate for the purpose of implementing and maintaining the program. Eligibility (2) A member, a veteran or a member’s or a veteran’s survivor may elect to participate in a group insurance program referred to in subsection (1) if they meet the prescribed eligibility requirements.
Veterans Well-being Act — C-16.8 67
Designation by Minister 67 (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act. Limitation (2) If the Minister designates a person to make a decision under this Act, the Minister may not designate the same person to review the decision.
Veterans Well-being Act — C-16.8 68
Definition of conditions of elevated risk 68 In paragraphs 69 (1)(c) and 70 (1)(c), conditions of elevated risk means a level of risk higher than that normally associated with service in peacetime.
Veterans Well-being Act — C-16.8 69
Special duty areas 69 (1) The Minister of National Defence, after consulting the Minister, may by order designate an area as a special duty area if (a) the area is outside Canada; (b) members have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 71 ; and (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk. Period of designation (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than January 1, 1949 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.
Veterans Well-being Act — C-16.8 70
Special duty operations 70 (1) The Minister of National Defence, after consulting the Minister, may by order designate as a special duty operation any operation, or any component of it, if (a) the operation is of a type referred to in section 71 ; (b) members have been deployed, or will be deployed, as part of that operation; and (c) the Minister of National Defence is of the opinion that that deployment has exposed, or may expose, those members to conditions of elevated risk. Period of designation (2) The designation takes effect on the day on which the order is made, or on any earlier day — but not earlier than September 11, 2001 — or on any later day that may be fixed by the order. The order may fix a day on which the designation ceases to be in effect.
Veterans Well-being Act — C-16.8 71
Types of operations 71 For the purposes of paragraphs 69 (1)(b) and 70 (1)(a), the types of operations are as follows: (a) an armed conflict; (b) an operation authorized under the Charter of the United Nations, the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar treaty instrument; (c) an international or a multinational military operation; (d) an operation authorized to deal with a national emergency, as that term is defined in section 3 of the Emergencies Act , in respect of which a declaration of emergency is made under that Act; (e) an operation authorized under section 273.6 or Part VI of the National Defence Act , or other similar operation authorized by the Governor in Council; (f) an operation that, in the opinion of the Minister of National Defence, is a search and rescue operation; (g) an operation that, in the opinion of the Minister of National Defence, is a disaster relief operation; (h) an operation that, in the opinion of the Minister of National Defence, is a counter-terrorism operation; and (i) an operation involving a level of risk that, in the opinion of the Minister of National Defence, is comparable to that normally associated with an operation referred to in paragraphs (a) to (e).
Veterans Well-being Act — C-16.8 72
Statutory Instruments Act does not apply 72 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 69 or 70 .
Veterans Well-being Act — C-16.8 73
Examination or assessment 73 The Minister may require a person who applies for rehabilitation services or compensation under this Act to undergo a medical examination or an assessment by a person specified by the Minister.
Veterans Well-being Act — C-16.8 74
Expenses 74 (1) The Minister may pay to a person who undergoes a medical examination or an assessment at the Minister’s request a reasonable amount for their travel and living expenses incurred by reason of the medical examination or the assessment. Regulations (2) The Governor in Council may make regulations respecting the payment of those expenses. 2005, c. 21, s. 74 2018, c. 12, s. 148(E)
Veterans Well-being Act — C-16.8 75
Fees 75 A person who, at the request of the Minister, conducts a medical examination or performs an assessment for the purposes of this Act is entitled to be paid the fee that may be fixed by the Minister.
Veterans Well-being Act — C-16.8 75.1
Information and guidance 75.1 In order to aid a member or a veteran in their transition to civilian life, the Minister may provide them with information and guidance regarding the services, assistance and compensation for which they may be eligible taking into consideration their particular circumstances. 2015, c. 36, s. 218
Veterans Well-being Act — C-16.8 75.2
Application from member before transition 75.2 The Minister may consider an application for any services, assistance or compensation under this Act from a member, make a decision in respect of the application and conduct any required assessment even though the member may not be eligible for that service, assistance or compensation until they become a veteran. 2015, c. 36, s. 218
Veterans Well-being Act — C-16.8 76
Application made to Minister 76 (1) An application for career transition services, rehabilitation services, vocational assistance or compensation under this Act shall be made to the Minister in the form directed by the Minister and shall include any information that is required by the regulations to accompany the application. Consideration of application (2) Subject to subsection (3), the Minister shall consider an application without delay after its receipt and, in considering the application, may (a) investigate the facts stated in the application and any other matter related to the application; and (b) collect any material and information relevant to the application. Refusal to consider (3) If a time is prescribed for making an application, the Minister shall refuse to consider an application made after that time unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances. 2005, c. 21, s. 76; 2011, c. 12, s. 15
Veterans Well-being Act — C-16.8 77
Decisions shall be made expeditiously 77 Any decisions of the Minister or a person designated under section 67 shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.
Veterans Well-being Act — C-16.8 78
Powers under Inquiries Act 78 (1) The Minister has all the powers of a commissioner appointed under Part I of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act. Administering oaths, etc. (2) Any officer or employee of the Department of Veterans Affairs authorized by the Minister may, in the course of their employment or service, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of or incidental to the administration of this Act, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits. Acceptance of oaths, etc. (3) The Minister may accept, for the purpose of the administration of this Act, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or an employee of (a) a department in, or other portion of, the federal public administration specified in Schedules I, IV or V to the Financial Administration Act ; or (b) a department of the government of a province.
Veterans Well-being Act — C-16.8 78.1
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. 2017, c. 20, s. 281
Veterans Well-being Act — C-16.8 78.2
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. 2017, c. 20, s. 281
Veterans Well-being Act — C-16.8 79
Right to inspect records, etc. 79 (1) Any person described in subsection (2) or (3) may, for the purpose of preparing an application under this Act or deciding whether or not to prepare an application, inspect (a) the service and medical records of a member or a veteran; (b) the Department of Veterans Affairs’ records relating to an application made under this Act; and (c) all material relating to an application referred to in paragraph (b). Persons who have right to inspect records, etc. (2) The right to inspect under subsection (1) applies to any person who is (a) an applicant or a representative of the applicant; (b) a qualified health professional who is consulted by the applicant or by a representative of the applicant; and (c) an officer or employee of the federal public administration whose duties require the inspection of those records or that material. Veterans’ organizations (3) A representative of a veterans’ organization incorporated by or under an Act of Parliament who is consulted by an applicant or by a representative of the applicant has the right to inspect for the purpose of preparing an application or deciding whether or not to prepare an application under Part 3.
Veterans Well-being Act — C-16.8 80
Information that shall be made available to Minister 80 Personal information held by a government institution, as defined in section 3 of the Privacy Act shall, if requested by the Minister, be made available to the Minister for the purposes of this Act.
Veterans Well-being Act — C-16.8 81
Information that Minister may disclose 81 Personal information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister (a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain from that person or body information that the Minister requires for the administration of this Act or any other enactment administered by the Minister; (b) to any officer or employee of the Department of Veterans Affairs, to the extent that the disclosure is required for the administration of this Act or any other enactment administered by the Minister; (c) to any person or body, to the extent that the disclosure is required for the purpose of obtaining a payment that is due to Canada by (i) the United Nations, or (ii) another international organization or another country, pursuant to an international agreement; (d) to the Department of Employment and Social Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan ; (e) to the Correctional Service of Canada, to the extent that the disclosure is required for the administration of the Corrections and Conditional Release Act ; and (f) to the Department of Employment and Social Development or an official of the Canada Revenue Agency, to the extent that the disclosure is required for the administration of a program to provide a one-time payment to persons with disabilities for reasons related to the coronavirus disease 2019 (COVID-19). 2005, c. 21, ss. 81, 116; 2012, c. 19, s. 695; 2013, c. 40, s. 237 2020, c. 11, s. 9
Veterans Well-being Act — C-16.8 82
Social Insurance Number 82 The Minister may, for the purpose of determining whether a person is entitled to an income replacement benefit or a Canadian Forces income support benefit under this Act, (a) collect the person’s Social Insurance Number; and (b) disclose that person’s Social Insurance Number to any department or agency of the Government of Canada. 2005, c. 21, s. 82; 2015, c. 36, s. 219 2018, c. 12, s. 149
Veterans Well-being Act — C-16.8 83
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 1, 1.1, 2 or 3.1 or under this section. 2005, c. 21, s. 83; 2015, c. 36, s. 220; 2017, c. 20, s. 282
Veterans Well-being Act — C-16.8 84
Review of decisions under Part 3 84 The Minister may, on the Minister’s own motion, review a decision under Part 3 and may either confirm the decision or amend or rescind it if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or may do so, on application, if new evidence is presented to the Minister.
Veterans Well-being Act — C-16.8 85
Review by Board 85 An applicant who is dissatisfied with a decision made by the Minister under Part 3 or under section 84 may apply to the Board for a review of the decision.
Veterans Well-being Act — C-16.8 86
Permission of Board required 86 The Minister may not consider an application made under Part 3 or under section 84 that has already been the subject of a determination by the Board unless (a) the applicant has obtained the permission of the Board; or (b) the Board has referred the application to the Minister for reconsideration.
Veterans Well-being Act — C-16.8 87
Representation of applicant 87 In all proceedings under section 84 or 85 , an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.
Veterans Well-being Act — C-16.8 87.1
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. 2017, c. 20, s. 283
Veterans Well-being Act — C-16.8 89
Not to be assigned or charged 89 (1) No compensation payable under this Act shall be assigned, charged, attached, anticipated, commuted or given as security. Exemption from seizure and execution (2) Compensation payable under this Act is exempt from seizure and execution, either at law or in equity.