Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
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Assented to 2017-06-22
PART 4Various Measures (continued)
DIVISION 12Canadian Forces Members and Veterans (continued)
2005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act (continued)
284 (1) The portion of subsection 88(4) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Erroneous payments of benefits or allowances
(4) Despite anything in this Act, the Minister may continue the payment of an education and training benefit, earnings loss benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit, a clothing allowance or a caregiver recognition benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if
(2) Paragraph 88(4)(d) of the English version of the Act is replaced by the following:
(d) the benefit or allowance has been paid to the person for five years or more or, in the case of an education and training benefit, for three years or more.
(3) Subsection 88(4) of the French version of the Act is replaced by the following:
Marginal note:Indemnisation erronée
(4) Malgré les autres dispositions de la présente loi, le ministre peut continuer de verser à la personne, bien que celle-ci n’y ait pas droit, tout ou partie de l’allocation pour études et formation, de l’allocation pour perte de revenus, de l’allocation de soutien du revenu, de l’allocation pour incidence sur la carrière, de l’allocation de sécurité du revenu de retraite, de l’allocation vestimentaire ou de l’allocation de reconnaissance pour aidant dont le montant résulte d’une erreur, d’un retard ou d’un oubli de la part d’un cadre ou fonctionnaire de l’administration publique fédérale et a fait l’objet d’une remise au motif prévu à l’alinéa (3)d), s’il estime que le versement, fait depuis au moins cinq ans, ou depuis au moins trois ans dans le cas de l’allocation pour études et formation, ne résulte pas d’une déclaration trompeuse ou de la dissimulation de faits importants de la part de cette personne et que son annulation ou sa réduction lui causerait un préjudice abusif.
285 Paragraphs 94(e) to (g) of the Act are replaced by the following:
(e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, an education and training benefit, an education and training completion bonus, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit, bonus or allowance until the information, declaration or document is provided;
(e.1) respecting the provision of any information, declaration or document to the Minister by any veteran who applies for a caregiver recognition benefit under subsection 65.1(1) or by the person designated in the application, and authorizing the Minister to suspend payment of the benefit until the information, declaration or document is provided;
(f) respecting the procedure to be followed by the Minister in suspending or cancelling career transition services, rehabilitation services, vocational assistance or payment of compensation;
(g) providing for a review of any decisions made under Part 1, 1.1, 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews;
286 Section 94.1 of the Act is replaced by the following:
Marginal note:Retroactive application of regulations
94.1 Regulations made in respect of the retirement income security benefit and the caregiver recognition benefit under subsections 40.1(5), 40.2(5), 40.3(5) and 40.4(5) and sections 41, 65.4 and 94 may, if they so provide, be retroactive.
287 Item 5 of Schedule 2 to the Act is replaced by the following:
| Column 1 | Column 2 | |
|---|---|---|
| Item | Allowance or Benefit | Amount ($) |
| 5 | Caregiver recognition benefit | 1,000.00 (monthly) |
R.S., c. P-6Pension Act
288 (1) The portion of subsection 3.1(1) of the Pension Act before paragraph (a) is replaced by the following:
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 April 1, 2006 unless
(2) Paragraph 3.1(1)(b) of the Act is replaced by the following:
(b) the application is in respect of the death of a member of the forces, if the death occurred before April 1, 2006 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;
(3) Paragraph 3.1(1)(e) of the Act is replaced by the following:
(e) the Minister has determined under the Veterans Well-being 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
(4) Subsection 3.1(2) of the Act is replaced by the following:
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 April 1, 2006.
289 Subsection 35(1.2) of the Act is replaced by the following:
Marginal note:Assessments under Veterans Well-being Act
(1.2) Any disability assessments under the Veterans Well-being Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.
290 Subsection 38(2) of the Act is repealed.
R.S., c. V-1Department of Veterans Affairs Act
291 (1) Paragraph 5(b) of the Department of Veterans Affairs Act is repealed.
(2) Subparagraph 5(c.1)(i) of the Act is replaced by the following:
(i) the circumstances in which a person is required to make payments in respect of all or part of the cost of accommodation and meals in a hospital, home or other institution,
Terminology Changes
Marginal note:Replacement of “Canadian Forces Members and Veterans Re-establishment and Compensation Act”
292 (1) Every reference to the “Canadian Forces Members and Veterans Re-establishment and Compensation Act” is replaced by a reference to the “Veterans Well-being Act” in the following provisions:
(a) subparagraph 5(g.1)(i.1) of the Department of Veterans Affairs Act;
(b) paragraphs (e) and (f) of the definition student in section 2 of the Children of Deceased Veterans Education Assistance Act;
(c) the definition special duty service in subsection 3(1), the heading before section 3.1 and subsections 72(1) to (2) of the Pension Act;
(d) subsection 32.1(2) of the Royal Canadian Mounted Police Superannuation Act;
(e) section 18, subsection 19(2), section 30 and subsections 34(1), (3) and (4) and 37(1) of the Veterans Review and Appeal Board Act;
(f) paragraph 13(a) of the Injured Military Members Compensation Act;
(g) sections 102 and 103 and paragraph (a) of the definition dependent child in subsection 107(1) of the Economic Action Plan 2014, No. 1;
(h) section 98 and the definition Act in section 99 of the Budget Implementation Act, 2016, No. 1.
Marginal note:Other references
(2) Unless the context requires otherwise, every reference to the “Canadian Forces Members and Veterans Re-establishment and Compensation Act” in any provision of an Act of Parliament other than a provision referred to in subsection (1) is to be read as a reference to the “Veterans Well-being Act”.
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