Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

Marginal note:Short title

1 This Act may be cited as the Veterans Well-being Act.

compensation

compensation means any of the following benefits under this Act, namely, an education and training benefit, an education and training completion bonus, an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit, a critical injury benefit, a disability award, a death benefit, a clothing allowance, a detention benefit or a caregiver recognition benefit. (indemnisation)

Marginal note:Eligibility

• 3 (1) Subject to this section, the Minister may, on application, provide career transition services to

  • (a) a member who has completed basic training;

  • (b) a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;

  • (c) a veteran who is entitled to a Canadian Forces income support benefit;

  • (d) a spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;

  • (e) a survivor of a member who completed basic training and who died on or after April 1, 2006;

  • (f) a survivor of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006; and

  • (g) a survivor who is entitled to a Canadian Forces income support benefit.

• Marginal note:Limitation — member

  (2) Career transition services may be provided to a member only if the member resides in Canada and the Minister is satisfied that they require assistance in making the transition to the civilian labour force.

• Marginal note:Limitation — veteran

  (3) Career transition services may be provided to a veteran only if

  • (a) the veteran resides in Canada;

  • (b) the Minister is satisfied that the veteran requires assistance in making the transition to the civilian labour force; and

  • (c) the veteran is not receiving rehabilitation services or vocational assistance under Part 2.

• Marginal note:Limitation — spouse, common-law partner or survivor

  (4) Career transition services may be provided to a spouse, common-law partner or survivor only if they reside in Canada and are not receiving rehabilitation services or vocational assistance under Part 2.

• Marginal note:Period — spouse or common-law partner of veteran

  (5) A spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006 may receive career transition services until the later of

  • (a) March 31, 2020, and

  • (b) the second anniversary of the day on which the veteran was released.

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 the career transition services that may be provided to them under this Part.

Marginal note:Suspend or cancel

5 The Minister may, in the prescribed circumstances, suspend or cancel the provision of career transition services to a person under this Part.

Marginal note:Regulations

5.1 The Governor in Council may make regulations

• (a) respecting the career transition services that may be provided under this Part; and

• (b) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of subsections 3(2) to (4).

PART 1.1Education and Training Benefit

Marginal note:Eligibility — veterans

• 5.2 (1) The Minister may, on application, pay an education and training benefit to a veteran in accordance with section 5.3 or 5.5 if the veteran

  • (a) served for a total of at least six years in the regular force, in the reserve force or in both; and

  • (b) was honourably released from the Canadian Forces on or after April 1, 2006.

• Marginal note:Maximum cumulative amount

  (2) The maximum cumulative amount that the Minister may pay to a veteran is $40,000 or, if the veteran served for a total of at least 12 years in the regular force, in the reserve force or in both, $80,000.

• Marginal note:Definitions

  (3) In this section, regular force and reserve force have the same meanings as in subsection 2(1) of the National Defence Act.

Marginal note:Course of study at educational institution

• 5.3 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part in respect of

  • (a) education or training received from an educational institution as part of a course of study leading to the completion of a degree, diploma, certification or designation; and

  • (b) any expenses, including living expenses, that may be incurred by the veteran while enrolled at the institution.

• Marginal note:Request for payment

  (2) A veteran requesting payment in respect of education or training described in paragraph (1)(a) shall provide the Minister with proof of acceptance, enrolment or registration at the institution for an upcoming period of study and with any prescribed information.

• Marginal note:Additional information

  (3) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (4).

• Marginal note:Minister’s determination

  (4) On being provided with the proof and information, the Minister shall, if he or she is satisfied that the requested payment may be made to the veteran, determine

  • (a) the amount of the payment;

  • (b) the period of study to which that amount is allocated; and

  • (c) the day on which the payment is to be made.

• Marginal note:Payment day

  (5) The day on which the payment is to be made must be no earlier than the 60th day before

  • (a) the day on which fees for the education or training are due to be paid to the institution in respect of the period of study; or

  • (b) the day on which the period of study begins, if the institution fixes no day on which the fees are due.

Marginal note:Education and training completion bonus

5.4 On application, the Minister may pay, over and above an education and training benefit, an education and training completion bonus in the prescribed amount to a veteran who receives a degree, diploma, certification or designation in respect of which they received a payment of an education and training benefit under section 5.3.

Marginal note:Other education or training

• 5.5 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part for fees charged by the provider of any education or training, other than education or training described in paragraph 5.3(1)(a), that is approved by the Minister.

• Marginal note:Maximum cumulative amount

  (2) The maximum cumulative amount that may be paid to a veteran for such fees is the prescribed amount.

• Marginal note:Request for payment

  (3) A veteran requesting payment for such fees shall provide the Minister with a description of the education or training, the amount of the fees, the name of the provider and any prescribed information.

• Marginal note:Additional information

  (4) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (5).

• Marginal note:Minister’s determination

  (5) On being provided with the information referred to in subsections (3) and (4), the Minister may approve the education or training and shall, if he or she gives the approval and is satisfied that the requested payment may be made to the veteran, determine

  • (a) the amount of the payment; and

  • (b) the day on which the payment is to be made.

• Marginal note:Payment day

  (6) The day on which the payment is to be made must be no earlier than the 60th day before

  • (a) the day on which fees for the education or training are due to be paid to the provider; or

  • (b) the day on which the education or training begins, if the provider fixes no day on which the fees are due.

Marginal note:No payment to member

5.6 For greater certainty, the Minister is not permitted to pay an education and training benefit to a person who is a member.

Marginal note:No payment — other services or benefit

5.7 The Minister is not permitted to pay an education and training benefit to a veteran if they are being provided with rehabilitation services or vocational assistance under Part 2, or are entitled to a Canadian Forces income support benefit under that Part.

Marginal note:Limitation — incarceration

5.8 If a veteran is incarcerated in a correctional institution and is not responsible for paying their living expenses, the Minister may limit the amount of an education and training benefit payable to the veteran to the amount that is, in the Minister’s opinion, required to allow the veteran to participate in the education or training.

Marginal note:Duration of benefit

• 5.9 (1) An education and training benefit ceases to be payable to a veteran on the later of

  • (a) April 1, 2028, and

  • (b) the day after the 10th anniversary of the day on which the veteran was last released from the Canadian Forces.

• Marginal note:Education or training ending after cessation

  (2) A payment of an education and training benefit that is made before the day on which the benefit ceases to be payable may be made in respect of education or training that ends on or after that day.

• Marginal note:Exception

  (3) Despite subsection (1), the Minister may, in the prescribed circumstances, pay an education and training benefit after it would otherwise cease to be payable.

Marginal note:Limitation

5.91 The Minister is not permitted to pay an education and training benefit to a veteran after the day on which they receive the last of the payments totalling the maximum cumulative amount to which they are entitled on that day, despite any adjustment to the maximum cumulative amount that is made under the regulations after that day.

Marginal note:Suspension or cancellation

5.92 The Minister may, in the prescribed circumstances, suspend the payment of an education and training benefit or cancel the benefit.

Marginal note:Regulations

5.93 The Governor in Council may make regulations

• (a) prescribing how the length of service in the reserve force is to be determined for the purposes of paragraph 5.2(1)(a);

• (b) respecting what constitutes honourable release for the purpose of paragraph 5.2(1)(b);

• (c) providing for the periodic adjustment of the maximum cumulative amount referred to in subsection 5.2(2);

• (d) defining educational institution for the purposes of paragraph 5.3(1)(a);

• (e) prescribing the education or training that may or may not be approved by the Minister under section 5.5; and

• (f) defining what constitutes incarceration in a correctional institution for the purposes of section 5.8.