Veterans Review and Appeal Board Act (S.C. 1995, c. 18)

Marginal note:Appeal

25 An applicant who is dissatisfied with a decision made under section 21 or 23 may appeal the decision to the Board.

Appeals

Marginal note:Exclusive jurisdiction

26 The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals that may be made to the Board under section 25 or under the War Veterans Allowance Act or any other Act of Parliament, and all matters related to those appeals.

Marginal note:Appeal panel

• 27 (1) An appeal shall be heard, determined and dealt with by an appeal panel consisting of not fewer than three members designated by the Chairperson.

• Marginal note:Prohibition

  (2) A member of a review panel may not sit on an appeal panel that has been established to hear an appeal of a decision made by that review panel.

Marginal note:Written and oral submissions

• 28 (1) Subject to subsection (2), an appellant may make a written submission to the appeal panel or may appear before it, in person or by representative and at their own expense, to present evidence and oral arguments.

• Marginal note:Documented evidence

  (2) Only documented evidence may be submitted under subsection (1).

Marginal note:Disposition of appeals

• 29 (1) An appeal panel may

  • (a) affirm, vary or reverse the decision being appealed;

  • (b) refer any matter back to the person or review panel that made the decision being appealed for reconsideration, re-hearing or further investigation; or

  • (c) refer any matter not dealt with in the decision back to that person or review panel for a decision.

• Marginal note:Where matter cannot be referred to review panel

  (2) Where the members of a review panel have ceased to hold office or for any other reason a matter cannot be referred to that review panel under paragraph (1)(b) or (c), the appeal panel may refer the matter to the Chairperson who shall establish a new review panel in accordance with subsection 19(1) to consider, hear, investigate or decide the matter, as the case may be.

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 Veterans Well-being 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:Decision of majority

31 A decision of the majority of members of an appeal panel is a decision of the Board and is final and binding.

Marginal note:Reconsideration of decisions

• 32 (1) Notwithstanding section 31, an appeal panel may, on its own motion, reconsider a decision made by it under subsection 29(1) or this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may do so on application if the person making the application alleges that an error was made with respect to any finding of fact or the interpretation of any law or if new evidence is presented to the appeal panel.

• Marginal note:Board may exercise powers

  (2) The Board may exercise the powers of an appeal panel under subsection (1) if the members of the appeal panel have ceased to hold office as members.

• Marginal note:Other sections applicable

  (3) Sections 28 and 31 apply, with such modifications as the circumstances require, with respect to an application made under subsection (1).

Marginal note:Appeal to Tax Court of Canada

• 33 (1) Notwithstanding section 31, an appeal lies to the Tax Court of Canada from any decision of an appeal panel as to income or as to the source of income, for the purposes of the War Veterans Allowance Act or Part XI of the Civilian War-related Benefits Act, of

  • (a) a person or their spouse, or both; or

  • (b) a person or their common-law partner, or both.

• Marginal note:Meaning of common-law partner

  (2) In paragraph (1)(b), common-law partner has the same meaning as in subsection 2(1) of the War Veterans Allowance Act.

Compassionate Awards

Marginal note:Application for compassionate award

• 34 (1) A person who has been refused an award under the Pension Act or a critical injury benefit, a disability award, pain and suffering compensation, additional pain and suffering compensation, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Veterans Well-being Act, and who has exhausted all procedures for review and appeal under this Act may apply to the Board for a compassionate award.

• Marginal note:Panel

  (2) An application for a compassionate award shall be heard, determined and dealt with by a panel consisting of not fewer than three members designated by the Chairperson.

• Marginal note:Granting of compassionate award

  (3) A panel may grant a compassionate award if it considers the case to be specially meritorious and the applicant is unqualified to receive an award under the Pension Act or a critical injury benefit, a disability award, pain and suffering compensation, additional pain and suffering compensation, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Veterans Well-being Act.

• Marginal note:Amount

  (4) The amount of a compassionate award shall be any sum that the panel may fix, but may not exceed the amount to which the applicant would have been entitled if the applicant’s claim under the Pension Act or the Veterans Well-being Act had been upheld.

• Marginal note:Review by Minister

  (5) The Minister may from time to time vary the amount of a compassionate award that is subject to being varied in accordance with the applicant’s dependent condition.

• Marginal note:Adjustment

  (6) The amount of a compassionate award shall be adjusted at the same times and by the same percentage as the basic pension is adjusted under subsection 75(1) of the Pension Act.

• Marginal note:Death of recipient

  (6.1) On the death of a person to whom a compassionate award has been granted, the Pension Act applies in respect of a survivor or surviving child of that person in the same manner as it would apply if the compassionate award had been an award within the meaning of that Act.

• Marginal note:Meaning of survivor and child

  (6.2) In subsection (6.1), survivor and child have the same meaning as in the Pension Act.

• Marginal note:Reconsideration of decisions

  (7) The Board may, on its own motion, reconsider a decision made by it under this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may do so on application if new evidence is presented to the Board.

• Marginal note:Definition of compassionate award

  (8) In this section, compassionate award means a compassionate pension, allowance or supplementary award.

General

Marginal note:Representation

35 In all proceedings under this Act, an applicant or appellant may choose to be represented by a pensions advocate from the Bureau, by a service bureau of a veterans’ organization or, at the person’s own expense, by any other representative of the person’s choice.

Marginal note:Place and time of sittings

• 36 (1) The Board shall sit at such places in Canada and at such times as may be fixed by the Chairperson, having regard to the convenience of the applicant and the Board.

• Marginal note:Hearings to be public

  (2) Every hearing before the Board shall be open to the public except where the applicant or appellant requests that the hearing be closed and the Board is of the opinion that a closed hearing would not be contrary to the public interest.

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 Veterans Well-being 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:Notice

  (2) Before making a decision on a question referred to it, the Board shall notify the prescribed persons or organizations and give them an opportunity to present argument on the question.

• Marginal note:Refusal to hear trivial questions

  (3) The Board may refuse to hear and decide any question referred to it under this section that it considers to be trivial, frivolous or vexatious.

Marginal note:Medical opinion

• 38 (1) The Board may obtain independent medical advice for the purposes of any proceeding under this Act and may require an applicant or appellant to undergo any medical examination that the Board may direct.

• Marginal note:Notification of intention

  (2) Before accepting as evidence any medical advice or report on an examination obtained pursuant to subsection (1), the Board shall notify the applicant or appellant of its intention to do so and give them an opportunity to present argument on the issue.

Marginal note:Rules of evidence

39 In all proceedings under this Act, the Board shall

• (a) draw from all the circumstances of the case and all the evidence presented to it every reasonable inference in favour of the applicant or appellant;

• (b) accept any uncontradicted evidence presented to it by the applicant or appellant that it considers to be credible in the circumstances; and

• (c) resolve in favour of the applicant or appellant any doubt, in the weighing of evidence, as to whether the applicant or appellant has established a case.

Marginal note:Expeditious proceedings

40 All proceedings before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit.

Marginal note:Immunity

41 No action or other proceeding lies against any person for or in respect of anything done, reported or said in good faith in any proceedings before the Board or anything reported or said in good faith in any material, information or report made or furnished by any person at the request of the Board.