Death Benefit

Marginal note:Eligibility — service-related injury or disease

• 57. (1) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

  • (a) the member dies as a result of a service-related injury or disease; and

  • (b) the member’s death occurs within 30 days after the day on which the injury occurred or the disease was contracted.

• Marginal note:Eligibility — injury or disease aggravated by service

  (2) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child if

  • (a) the member dies as a result of a non-service-related injury or disease that was aggravated by service; and

  • (b) the member’s death occurs within 30 days after the day on which the injury or disease was aggravated.

Marginal note:Amount of benefit

• 58. (1) The amount of the death benefit payable in respect of a member shall be the amount set out in column 2 of item 3 of Schedule 2.

• Marginal note:Reduction of benefit

  (2) If an amount is paid or payable to a person from a prescribed source in respect of a death for which a death benefit is payable, the Minister may reduce the death benefit payable to the person by a prescribed amount.

Marginal note:Division of benefit

59. If a death benefit is payable to a survivor or a person who was, at the time of a member’s death, a dependent child, the following rules apply:

• (a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the death benefit;

• (b) if there is a survivor and one or more persons who were dependent children,

  • (i) the survivor is entitled to 50% of the death benefit, and

  • (ii) the persons who were dependent children are entitled, as a class, to 50% of the death benefit, divided equally among them; and

• (c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the death benefit by the number of those dependent children.

Clothing Allowance

Marginal note:Allowance — amputation

• 60. (1) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of their leg at or above a Symes’ amputation a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

• Marginal note:Allowance — amputation

  (2) The Minister may, on application, pay to a member or a veteran who has received a disability award on account of an amputation of the arm at or above the wrist a clothing allowance in respect of each such amputation that causes wear and tear of clothing.

• Marginal note:Allowance — two amputations

  (3) If a member or a veteran has received a disability award on account of two amputations of a kind described in subsection (1) or (2), the Minister may, on application, in addition to the allowances that may be payable under that subsection, pay a clothing allowance in respect of the second amputation equal to 50% of the allowance payable in respect of that amputation.

• Marginal note:Allowance — other disabilities

  (4) If a member or a veteran has received a disability award for a disability other than a disability described in subsection (1) or (2) that causes wear and tear of clothing, the Minister may, on application, pay a clothing allowance.

• Marginal note:Specially made wearing apparel

  (5) If a member or a veteran has received a disability award for a disability that requires the wearing of specially made apparel, the Minister may, on application, in addition to any other allowance that may be payable under this section, pay a clothing allowance on account of the purchase of the apparel.

Marginal note:Amount of allowance

61. Subject to subsection 60(3), the Minister shall determine the amount of each clothing allowance that may be paid to a member or a veteran in a year, which shall not be greater than the amount set out in column 2 of item 4 of Schedule 2.

Marginal note:When allowance payable

62. The clothing allowance under subsections 60(1) to (5) begins to be payable on the later of

• (a) the day on which the application for the allowance was made, and

• (b) the day that is one year prior to the day on which the payment of the allowance is approved.

Regulations

Marginal note:Governor in Council

63. The Governor in Council may make regulations respecting the rules of evidence and evidentiary presumptions relating to applications for a disability award or a death benefit under this Part.

Detention Benefit

Marginal note: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.

• Marginal note: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.

• Marginal note:Amount of benefit

  (4) The Governor in Council may make regulations prescribing the amount of the detention benefit.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

PART 4GENERAL

Health Benefits

Marginal note: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.

• Marginal note: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.

Designations

Marginal note: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.

• Marginal note: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.

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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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).

Marginal note: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.

Powers of Minister

Marginal note: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.

Marginal note:Expenses

• 74. (1) The Minister may pay to a person who undergoes the medical examination or the assessment a reasonable amount for their travel and living expenses incurred by reason of the medical examination or the assessment.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations respecting the payment of those expenses.

Marginal note: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.

Procedure

Marginal note:Application made to Minister

• 76. (1) An application for job placement assistance 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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Inspection

Marginal note: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).

• Marginal note: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.

• Marginal note: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.