SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

INTERPRETATION

Marginal note:Definitions

• 2. (1) The following definitions apply in this Act.

  “aggravated by service”

  « due au service »

  “aggravated by service”, in respect of an injury or a disease, means an injury or a disease that has been aggravated, if the aggravation

  • (a) was attributable to or was incurred during special duty service; or

  • (b) arose out of or was directly connected with service in the Canadian Forces.

  “Board”

  « Tribunal »

  “Board” means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act.

  “Canadian Forces”

  « Forces canadiennes »

  “Canadian Forces” means the armed forces referred to in section 14 of the National Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland.

  “common-law partner”

  « conjoint de fait »

  “common-law partner”, in relation to a member or a veteran, means a person who is cohabiting with the member or veteran in a conjugal relationship, having so cohabited for a period of at least one year.

  “compensation”

  « indemnisa- tion »

  “compensation” means any of the following benefits under this Act: an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a disability award, a death benefit, a clothing allowance or a detention benefit.

  “dependent child”

  « enfant à charge »

  “dependent child”, in relation to a member or a veteran, means their child, or a child of their spouse or common-law partner who is ordi­narily residing in the member’s or veteran’s household, who is

  • (a) under the age of 18 years;

  • (b) under the age of 25 years and following a course of instruction approved by the Minister; or

  • (c) over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred

    • (i) before the child attained the age of 18 years, or

    • (ii) after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister.

  “disability”

  « invalidité »

  “disability” means the loss or lessening of the power to will and to do any normal mental or physical act.

  “medical rehabilitation”

  « réadaptation médicale »

  “medical rehabilitation” includes any physical or psychological treatment whose object is to stabilize and restore the basic physical and psychological functions of a person.

  “member”

  « militaire »

  “member” means an officer or a non-commissioned member of the Canadian Forces, as those terms are defined in subsection 2(1) of the National Defence Act.

  “Minister”

  « ministre »

  “Minister” means the Minister of Veterans Affairs.

  “orphan”

  « orphelin »

  “orphan”, in relation to a deceased member or a deceased veteran, means their child, or a child of their survivor who at the time of the member’s or veteran’s death was ordinarily residing in the member’s or veteran’s household, who is

  • (a) under the age of 18 years;

  • (b) under the age of 25 years and following a course of instruction approved by the Minister; or

  • (c) over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred

    • (i) before the child attained the age of 18 years, or

    • (ii) after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister.

  “personal information”

  « renseignements personnels »

  “personal information” has the same meaning as in section 3 of the Privacy Act.

  “prescribed”

  Version anglaise seulement

  “prescribed” means prescribed by regulation.

  “psycho-social rehabilitation”

  « réadaptation psychosociale »

  “psycho-social rehabilitation” includes any psychological or social intervention whose object is to restore a person to a state of independent functioning and to facilitate their social adjustment.

  “rehabilitation services”

  « services de réadaptation »

  “rehabilitation services” means all services related to the medical rehabilitation, psycho-social rehabilitation and vocational rehabilitation of a person.

  “service-related injury or disease”

  « liée au service »

  “service-related injury or disease” means an injury or a disease that

  • (a) was attributable to or was incurred during special duty service; or

  • (b) arose out of or was directly connected with service in the Canadian Forces.

  “special duty service”

  « service spécial »

  “special duty service” means service as a member in a special duty area designated under section 69, or as a member as part of a special duty operation designated under section 70, during the period in which the designation is in effect. It includes any of the following that occurred during that period but not earlier than September 11, 2001:

  • (a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place;

  • (b) travel to and from the area, the operation or the location of training referred to in paragraph (a); and

  • (c) authorized leave of absence with pay during that service, wherever that leave is taken.

  “survivor”

  « survivant »

  “survivor”, in relation to a deceased member or a deceased veteran, means

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

  • (b) the person who was, at the time of the member’s or veteran’s death, the member’s or veteran’s common-law partner.

  “veteran”

  « vétéran »

  “veteran” means a former member.

  “vocational assistance”

  « assistance professionnelle »

  “vocational assistance” includes employability assessments, career counselling, training, job-search assistance and job-finding assistance, whose object is to help a person to find appropriate employment.

  “vocational rehabilitation”

  « réadaptation professionnelle »

  “vocational rehabilitation” includes any process designed to identify and achieve an appropriate occupational goal for a person with a physical or a mental health problem, given their state of health and the extent of their education, skills and experience.

• Marginal note:Couples who are living apart

  (2) For the purposes of this Act, a spouse is deemed to be residing with a member or a veteran, and a person does not cease to be a member’s or a veteran’s common-law partner, if it is established that they are living apart by reason only of

  • (a) one or both of them having to reside in a health care facility;

  • (b) circumstances of a temporary nature; or

  • (c) other circumstances not within the control of the member or veteran or the spouse or common-law partner.

• Marginal note:References to spouses

  (3) A reference in this Act to a member’s or a veteran’s spouse is a reference to a member’s or a veteran’s spouse who is residing with the member or veteran.

• Marginal note:Recent marriage

  (4) This Act does not apply to a member’s or a veteran’s surviving spouse if the member or veteran dies within one year after the date of the marriage, unless

  • (a) in the opinion of the Minister, the member or veteran was at the time of that marriage in such a condition of health as to justify their having an expectation of life of at least one year; or

  • (b) at the time of the member’s or veteran’s death, the spouse was cohabiting with the member or veteran in a conjugal relationship, having so cohabited for a period of at least one year.

• Marginal note:Conduct of member or veteran

  (5) This Act does not apply in respect of a member’s or a veteran’s physical or mental health problem, disability or death if it is caused by a wilful self-inflicted injury or improper conduct on the member’s or veteran’s part, including wilful disobedience of an order and vicious or criminal conduct.

PART 1JOB PLACEMENT

Marginal note:Eligibility — members and veterans

• 3. (1) The Minister may, on application, provide job placement assistance services to a member or a veteran who meets the prescribed eligibility requirements if the Minister is satisfied that the member or veteran requires assistance in making the transition to the civilian labour force.

• Marginal note:Assistance to spouses, common-law partners and survivors

  (2) The Minister may, on application, provide job placement assistance services to a member’s or a veteran’s spouse, common-law partner or survivor if the spouse, common-law partner or survivor meets the prescribed eligi­bility requirements.

Marginal note:Assessment of needs

• 4. (1) The Minister shall, on approving an application made under section 3, assess the needs of the member, veteran, spouse, common-law partner or survivor with respect to career counselling, job-search training and job-finding assistance.

• Marginal note:Job placement assistance plan

  (2) The Minister may develop and implement a job placement assistance plan to address the needs that are identified in the assessment.

• Marginal note:Development of plan

  (3) In developing a job placement assistance plan, the Minister shall have regard to any prescribed principles.

Marginal note:Refusal to provide services

5. The Minister may refuse to provide job placement assistance services to a person under this Part to the extent that the person is entitled to receive those types of services from another organization or body.

PART 2REHABILITATION SERVICES, VOCATIONAL ASSISTANCE AND FINANCIAL BENEFITS

General

Marginal note:Non-application of this Part

6. This Part does not apply in respect of a physical or a mental health problem that resulted primarily from

• (a) service in the Canadian Forces on or before April 1, 1947; or

• (b) service in the Korean War, as that term is defined in subsection 3(1) of the Pension Act.

Marginal note:Consequential injury or disease

7. For the purposes of this Part, an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of

• (a) a service-related injury or disease;

• (b) a non-service related injury or disease that was aggravated by service;

• (c) an injury or a disease that is itself the consequence of an injury or a disease described in paragraph (a) or (b); or

• (d) an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).

Rehabilitation Services and Vocational Assistance

Marginal note:Eligibility — rehabilitation need

• 8. (1) The Minister may, on application, provide rehabilitation services to a veteran who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

• Marginal note:Factors that the Minister may consider

  (2) In deciding whether a veteran has a physical or a mental health problem that is creating a barrier to re-establishment in civilian life, and whether that health problem resulted primarily from service in the Canadian Forces, the Minister may consider any factors that the Minister considers relevant, including

  • (a) medical reports or records that document the veteran’s physical or mental health problem;

  • (b) documentation that indicates the nature of the veteran’s service in the Canadian Forces;

  • (c) documentation provided by the veteran as to the circumstances of their health problem; and

  • (d) research that establishes the prevalence of specific health problems in military populations.

• Marginal note:Presumption in case of disability

  (3) A veteran’s physical or mental health problem is deemed to have resulted primarily from service in the Canadian Forces if, as a result of the health problem, the veteran suffers from a disability for which a disability award has been paid under section 45 or a pension has been granted under the Pension Act.

Marginal note:Eligibility — medical release

• 9. (1) The Minister may, on application, provide rehabilitation services or vocational assistance to a veteran who has been released on medical grounds in accordance with chapter 15 of the Queen’s Regulations and Orders for the Canadian Forces.

• Marginal note:Refusal to consider application

  (2) The Minister shall refuse to consider an application that is made more than 120 days after the day on which the veteran was released, unless the Minister is of the opinion that the reasons for the delay are reasonable in the circumstances.

• Marginal note:Exception

  (3) Subsection (1) does not apply in respect of a veteran who was within a prescribed class at the time that the physical or mental health problem leading to the release manifested itself.

Marginal note:Assessment of needs

• 10. (1) The Minister shall, on approving an application made under section 8 or 9, assess the veteran’s medical, psycho-social and vocational rehabilitation needs. In the case of a veteran who has applied under section 9, if no rehabilitation needs are identified, the Minister shall assess the veteran’s vocational assistance needs.

• Marginal note:Rehabilitation plan

  (2) The Minister may develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.

• Marginal note:Limitation

  (3) The only physical and mental health problems that may be addressed in the reha­bilitation plan are

  • (a) in the case of a veteran who was released on medical grounds, the physical or mental health problem for which the veteran was released; or

  • (b) in any other case, a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

• Marginal note:Vocational assistance plan

  (4) The Minister may develop and implement a vocational assistance plan to address the vocational assistance needs that are identified in the assessment.

• Marginal note:Development of plan

  (5) In developing a rehabilitation plan or a vocational assistance plan, the Minister shall

  • (a) have regard to any prescribed principles and factors; and

  • (b) be guided by current research in the fields of rehabilitation and vocational assistance.

Marginal note:Eligibility — spouses and common-law partners

• 11. (1) The Minister may, on application, provide rehabilitation services and vocational assistance to a veteran’s spouse or common-law partner if the Minister

  • (a) has approved an application for rehabilitation services made by or on behalf of the veteran; and

  • (b) has determined, based on an assessment of the veteran under subsection 10(1), that the veteran would not benefit from vocational rehabilitation as a result of being totally and permanently incapacitated by the physical or mental health problem in respect of which the rehabilitation services were approved.

• Marginal note:Continuation

  (2) If a veteran dies after an application made under subsection (1) has been approved, the survivor continues to be eligible to receive rehabilitation services and vocational assistance under that subsection.