• Marginal note:Canadian Forces members and veterans amounts

  (d.1) the total of all amounts received by the taxpayer in the year on account of a Canadian Forces income support benefit payable to the taxpayer under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act or on account of a disability award, death benefit, clothing allowance or detention benefit payable to the taxpayer under Part 3 of that Act;

• (viii) to an official of the Department of Veterans Affairs solely for the purposes of the administration of the War Veterans Allowance Act, the Canadian Forces Members and Veterans Re-establishment and Compensation Act or Part XI of the Civilian War-related Benefits Act,

• (a) personal information collected or obtained by the Department of Veterans Affairs in the administration of the Pension Act or Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act;

“special duty service”

« service spécial »

“special duty service” has the same meaning as in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION ACT

Marginal note:No award payable

• 3.1 (1) Despite any other provision of this Act, no award is payable under this Act in respect of any application made by or in respect of a member of the forces after the coming into force of section 42 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act unless

  • (a) the application is in respect of a disability for which a pension has been granted or is an application under section 36 in respect of such a disability;

  • (b) the application is in respect of the death of a member of the forces, if the death occurred before the coming into force of section 42 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act or is the result of an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted;

  • (c) the application is in respect of an injury or a disease that was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947, or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an injury or a disease;

  • (d) the application is in respect of an aggravation of an injury or disease, if the aggravation was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947 or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an aggravation;

  • (e) the Minister has determined under the Canadian Forces Members and Veterans Re-establishment and Compensation Act that the injury or disease, or the aggravation of the injury or disease, for which the application is made is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted; or

  • (f) the application is made under section 38 by a pensioner.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of an application for compensation made under Part III.1 if the application relates to a period spent as a prisoner of war that began before the coming into force of section 64 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

• Marginal note:Maximum disability assessment

  (1.1) Despite anything in this Act, if the extent of disability of a member of the forces, in respect of the aggregate of all of the member’s disability assessments, exceeds 100%, no pension shall be paid in respect of any percentage points exceeding 100%.

• Marginal note:Assessments under Canadian Forces Members and Veterans Re-establishment and Compensa-tion Act

  (1.2) Any disability assessments under the Canadian Forces Members and Veterans Re-establishment and Compensation Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.

Marginal note:Exclusive jurisdiction

18. The Board has full and exclusive juris­diction to hear, determine and deal with all applications for review that may be made to the Board under the Pension Act or the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and all matters related to those applications.

• Marginal note:Refusal to establish review panel

  (2) The Chairperson, or any member to whom the Chairperson has delegated the authority, may refuse to establish a review panel to hear an application for review of a decision concerning the amount of an award under the Pension Act, or the amount of a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the Chairperson or member, as the case may be, considers the application to be such that no reasonable review panel could dispose of it in a manner favourable to the applicant.

Marginal note:Questions of interpretation

30. Where the appellant raises a question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act and the appeal panel is of the opinion that the question is not trivial, frivolous or vexatious, it shall notify the prescribed persons or organizations and give them an opportunity to present argument on the question before it makes its decision.

Marginal note:Questions of interpretation

• 37. (1) The Minister, the Chief Pensions Advocate, any veterans’ organization incorporated by or under an Act of Parliament or any interested person may refer to the Board for a hearing and decision on any question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act.

Marginal note:Mobility — members of the Canadian Forces

• 35.1 (1) A member of the Canadian Forces

  • (a) may participate in an advertised internal appointment process for which the organizational criterion established under section 34 entitles members of the Canadian Forces to be considered, as long as the member meets the other criteria, if any, established under that section; and

  • (b) has the right to make a complaint under section 77.

• Marginal note:Deemed employment in public service

  (2) A member who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service.

• Definition of “member”

  (3) In this section, “member” means a person who is enrolled in the Canadian Forces.

• (d) to the Department of Social Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan; and