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

Marginal note:Members of Canadian Pension Commission cease to hold office

• 107 (1) The Chairman, Deputy Chairman and other members of the Canadian Pension Commission cease to hold office on the day on which this section comes into force.

• Marginal note:Staff

  (2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Canadian Pension Commission, except that the employee shall, on the coming into force of this section, occupy their position in the Veterans Review and Appeal Board under the authority of the Chairperson of that Board.

• Marginal note:Definition of employee

  (3) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:Chief Pensions Advocate ceases to hold office

• 108 (1) The Chief Pensions Advocate appointed pursuant to subsection 18(1) of the Pension Act, as it read immediately before the day on which section 47 of this Act comes into force, ceases to hold office on the day on which that section comes into force.

• Marginal note:Staff

  (2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Bureau of Pensions Advocates, except that the employee shall, on the coming into force of this section, occupy their position in the Department of Veterans Affairs under the authority of the Deputy Minister of Veterans Affairs.

• Marginal note:Definition of employee

  (3) In this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:Pending applications for awards

• 109 (1) Applications for awards pending before the Canadian Pension Commission on the day on which section 47 of this Act comes into force shall be transferred to the Minister of Veterans Affairs and dealt with in accordance with the Pension Act, as amended by this Act.

• Marginal note:Pending applications for compassionate awards

  (2) Applications made under section 33 of the Pension Act, as it read immediately before the day on which section 53 of this Act comes into force, that are pending before the Canadian Pension Commission on the day on which that section comes into force shall be transferred to the Veterans Review and Appeal Board and dealt with in accordance with section 34 of the Veterans Review and Appeal Board Act, as enacted by this Act.

Marginal note:Pending proceedings

• 110 (1) Proceedings pending on the day on which section 73 of this Act comes into force before members of the Canadian Pension Commission or an Entitlement Board under section 87 or 88 of the Pension Act, as that Act read immediately before the day on which section 73 of this Act comes into force, shall be taken up and continued under and in conformity with the Veterans Review and Appeal Board Act, as enacted by this Act, and the Pension Act, as amended by this Act, before a review panel of the Veterans Review and Appeal Board established in accordance with section 19 of the Veterans Review and Appeal Board Act.

• Marginal note:Pending proceedings

  (2) Proceedings pending before the Veterans Appeal Board on the day on which section 105 of this Act comes into force shall be taken up and continued under and in conformity with the Veterans Review and Appeal Board Act, as enacted by this Act, and the Pension Act, as amended by this Act, before an appeal panel of the Veterans Review and Appeal Board established in accordance with section 27 of the Veterans Review and Appeal Board Act.

Marginal note:Reconsideration of decisions of predecessor bodies

111 The Veterans Review and Appeal Board may, on its own motion, reconsider any decision of the Veterans Appeal Board, the Pension Review Board, the War Veterans Allowance Board, or an Assessment Board or an Entitlement Board as defined in section 79 of the Pension Act, 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, in the case of any decision of the Veterans Appeal Board, the Pension Review Board or the War Veterans Allowance Board, do so on application if new evidence is presented to it.

Marginal note:Transfer of property and moneys in trust

112 Any property and moneys conveyed in trust to the Canadian Pension Commission pursuant to section 10 of the Pension Act, as it read immediately before the day on which section 47 of this Act comes into force, are on that day transferred to the Minister of Veterans Affairs, and the Minister shall administer the property or moneys in accordance with section 6 of the Pension Act, as enacted by section 47 of this Act.

Marginal note:Transfer of appropriations

• 113 (1) Any amount appropriated, for the fiscal year in which this Act comes into force, by an appropriation Act based on the Estimates for that year, for defraying the charges and expenses of the Veterans Appeal Board or the Canadian Pension Commission and that, on the day on which this section comes into force, is unexpended shall be applied, in such manner as the Treasury Board may determine, to defray the charges and expenses of the Department of Veterans Affairs and the Veterans Review and Appeal Board.

• Marginal note:Transfer of appropriations

  (2) Any amount appropriated, for the fiscal year in which this Act comes into force, by an appropriation Act based on the Estimates for that year, for defraying the charges and expenses of the Bureau of Pensions Advocates and that, on the day on which this section comes into force, is unexpended shall be applied, in such manner as the Treasury Board may determine, to defray the charges and expenses of the Department of Veterans Affairs.

Conditional Provisions

114 to 118 [Amendments]

Coming into Force

Marginal note:Coming into force

• Footnote ^*119 (1) Subject to subsection (2), this Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: Sections 1 to 113 in force September 15, 1995, see SI/95-108.]

• Marginal note:Coming into force

  (2) Sections 114 to 118 come into force on the day on which this Act is assented to.