Budget Bill incl Pension For Life

Budget Bill incl Pension For Life

You can click below for the whole bill, or view below the Veteran section

http://www.parl.ca/DocumentViewer/en/42-1/bill/C-74/first-reading


BILL C-74PENSION FOR LIFE

 

Summary Part 4

Part 4 amends the Pension Act to authorize the Minister of Veterans Affairs to waive, in certain cases, the requirement for an application for an award under that Act.

It also amends the Veterans Well-being Act to, among other things,

(a) replace the earnings loss benefit, career impact allowance, supplementary retirement benefit and retirement income security benefit with the income replacement benefit;

(b) replace the disability award with pain and suffering compensation; and

(c) create additional pain and suffering compensation.

Finally, it makes consequential amendments to other Acts.

 

SCHEDULE 3 

(Subsections 50(1), 53(2) and 55(1), section 56, paragraph 94(c) and subsections 132(1) and (3))

Pain and Suffering Compensation

Column 1 Column 2 Column 3 Column 4
Rate of Pain and Suffering Compensation

(%)

Extent of Disability

(%)

Monthly Amount

($)

Lump Sum Amount

($)

100 98-100 1150.‍00 365,400.‍00
95 93-97 1092.‍50 347,130.‍00
90 88-92 1035.‍00 328,860.‍00
85 83-87 977.‍50 310,590.‍00
80 78-82 920.‍00 292,320.‍00
75 73-77 862.‍50 274,050.‍00
70 68-72 805.‍00 255,780.‍00
65 63-67 747.‍50 237,510.‍00
60 58-62 690.‍00 219,240.‍00
55 53-57 632.‍50 200,970.‍00
50 48-52 575.‍00 182,700.‍00
45 43-47 517.‍50 164,430.‍00
40 38-42 460.‍00 146,160.‍00
35 33-37 402.‍50 127,890.‍00
30 28-32 345.‍00 109,620.‍00
25 23-27 287.‍50 91,350.‍00
20 18-22 230.‍00 73,080.‍00
15 13-17 172.‍50 54,810.‍00
10 8-12 115.‍00 36,540.‍00
5 5-7 57.‍50 18,270.‍00
4 4 46.‍00 14,616.‍00
3 3 34.‍50 10,962.‍00
2 2 23.‍00 7,308.‍00
1 1 11.‍50 3,654.‍00

 

SCHEDULE 3 

(Section 161)

SCHEDULE 4 

(Subsection 56.‍6(5) and paragraphs 94(c) and 133(3)‍(a) to (c))

Additional Pain and Suffering Compensation

Column 1 Column 2
Extent of Permanent and Severe Impairment Monthly Amount

($)

Grade 1 1500.‍00
Grade 2 1000.‍00
Grade 3 500.‍00

 

 

PART 4

Canadian Forces Members and Veterans

R.‍S.‍, c. P-6

Pension Act

120 Subsection 35(1.‍2) of the Pension Act is replaced by the following:

Veterans Well-being Act

(1.‍2) Any disability assessments under the Veterans Well-being Act, in respect of a disability award or pain and suffering compensation, shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.

121 (1) The portion of subsection 72(1) of the Act before subparagraph (a)‍(i) is replaced by the following:

Amount of allowance

72 (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III if

(a) the member of the forces is in receipt of

(2) The portion of subparagraph 72(1)‍(a)‍(ii) of the Act before clause (A) is replaced by the following:

(ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I as well as compensation paid under this Act or a disability award or pain and suffering compensation paid under the Veterans Well-being Act, if the aggregate of the following percentages is equal to or greater than 98%:

(3) Subparagraph 72(1)‍(a)‍(ii) of the Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (C):

(D) the extent of the disability in respect of which the pain and suffering compensation is paid;

(4) Paragraph 72(1)‍(b) of the Act is replaced by the following:

(b) the member of the forces is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension or a disability award or pain and suffering compensation under that Act;

(c) the member of the forces is not in receipt of additional pain and suffering compensation under that Act; and

(d) the Minister determines that the member of the forces is not entitled to additional pain and suffering compensation under that Act.

(5) Subsections 72(1.‍1) and (2) of the Act are replaced by the following:

Deeming

(1.‍1) The Minister’s determination under paragraph (1)‍(d) of whether a member of the forces is entitled to additional pain and suffering compensation is deemed to be a determination made under section 56.‍6 of the Veterans Well-being Act. If the Minister determines that the member is entitled to additional pain and suffering compensation, the member’s application for an exceptional incapacity allowance is deemed to be an application for additional pain and suffering compensation made under that section.

For greater certainty

(1.‍2) For greater certainty, a member of the forces who is not released from the Canadian Forces is not entitled to additional pain and suffering compensation for the purposes of paragraph (1)‍(d).

Determination of exceptional incapacity

(2) Without restricting the generality of paragraph (1)‍(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension or a disability award or pain and suffering compensation under the Veterans Well-being Act has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the member’s life expectancy.

122 The Act is amended by adding the following after section 80:

Waiver of requirement for application

80.‍1 (1) The Minister may waive the requirement for an application for an award if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the award if they were to apply for it.

Notice of intent

(2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person, orally or in writing, of that intention.

Accepting waiver

(3) The person may accept to have the requirement for an application waived by notifying the Minister, orally or in writing, of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.

Date of waiver

(4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.

Minister may require application

(5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.

Waiver cancelled

(6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.

Effect of waiver

80.‍2 (1) If the requirement for an application for an award is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.

Effect of cancelling waiver

(2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.

2005, c. 21; 2017, c. 20, s. 270

Veterans Well-being Act

123 (1) The definitions compensation and rehabilitation services in subsection 2(1) of the Veterans Well-being Act are replaced by the following:

compensation means any of the following benefits under this Act, namely, an education and training benefit, an education and training completion bonus, an income replacement benefit, a Canadian Forces income support benefit, a critical injury benefit, a disability award, pain and suffering compensation, additional pain and suffering compensation, a death benefit, a clothing allowance, a detention benefit or a caregiver recognition benefit.‍ (indemnisation)

rehabilitation services means all services related to the medical rehabilitation, psycho-social rehabilitation or vocational rehabilitation of a person.‍ (services de réadaptation)

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

disability award means a disability award paid under section 45,47 or 48 of this Act as it read immediately before April 1,2019. (indemnité d’invalidité)

124 Paragraph 3(3)‍(c) of the Act is replaced by the following:

(c) the veteran is not receiving rehabilitation services under Part 2.

125 Section 5.‍7 of the Act is replaced by the following:

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 under Part 2, or are entitled to a Canadian Forces income support benefit under that Part.

126 (1) The portion of subsection 8(2) of the Act before paragraph (a) is replaced by the following:

Factors Minister may consider

(2) For the purposes of subsections (1) and 18(1), in deciding whether a veteran has a physical or a mental health problem that is creating a barrier to re-establishment in civilian life, and whether that health problem resulted primarily from service in the Canadian Forces, the Minister may consider any factors that the Minister considers relevant, including

(2) Subsection 8(3) of the Act is replaced by the following:

Presumption

(3) For the purposes of subsections (1) and 18(1), a veteran’s physical or mental health problem is deemed to have resulted primarily from service in the Canadian Forces if, as a result of the health problem, the veteran suffers from a disability for which a disability award has been granted, pain and suffering compensation has been granted under section 45 or a pension has been granted under the Pension Act.

127 Subsection 9(1) of the Act is replaced by the following:

Eligibility — medical release

9 (1) The Minister may, on application, provide services related to medical rehabilitation or psycho-social rehabilitation to a veteran who has been released on medical grounds in accordance with chapter 15 of the Queen’s Regulations and Orders for the Canadian Forcesif the physical or mental health problem for which the veteran was released did not result primarily from service in the Canadian Forces.

128 Section 9 of the Act is repealed.

129 (1) Subsection 10(1) of the Act is replaced by the following:

Assessment of needs

10 (1) The Minister shall,

(a) on approving an application made under section 8, assess the veteran’s medical rehabilitation, psycho-social rehabilitation and vocational rehabilitation needs; and

(b) on approving an application made under section 9, assess the veteran’s medical rehabilitation and psycho-social rehabilitation needs.

(2) Subsection 10(1) of the Act is replaced by the following:

Assessment of needs

10 (1) The Minister shall, on approving an application made under section 8, assess the veteran’s medical rehabilitation, psycho-social rehabilitation and vocational rehabilitation needs.

(3) Paragraphs 10(3)‍(a) and (b) of the Act are replaced by the following:

(a) in the case of a veteran for whom an application made under section 8 was approved, a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life; or

(b) in the case of a veteran for whom an application made under section 9 was approved, the physical or mental health problem for which the veteran was released.

(4) Subsection 10(3) of the Act is replaced by the following:

Limitation

(3) The only physical or mental health problem that may be addressed in the rehabilitation plan is a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

(5) Subsections 10(4) and (5) of the Act are replaced by the following:

Considerations

(4) In developing a rehabilitation plan, the Minister shall have regard to any prescribed principles and factors and be guided by current research in the field of rehabilitation.

130 Paragraph 11(1)‍(a) of the Act is replaced by the following:

(a) has approved an application for rehabilitation services made by the veteran under section 8; and

131 Section 18 of the Act and the heading before it are replaced by the following:

Income Replacement Benefit

Veterans

Eligibility

18 (1) The Minister may, on application, pay, in accordance with section 19 or 19.‍1, an income replacement benefit to a veteran who makes an application under section 8 and who has a physical or a mental health problem resulting primarily from service in the Canadian Forces that is creating a barrier to re-establishment in civilian life.

Veteran’s participation

(2) Subject to subsection (9), a veteran who is informed by the Minister of their entitlement to an income replacement benefit is required

(a) to participate in the assessment of their needs under subsection 10(1); and

(b) if the Minister determines, as a result of that assessment, that a rehabilitation plan should be developed for the veteran, to participate in the development and implementation of the plan.

When benefit payable

(3) Subject to subsection (4), the income replacement benefit begins to be payable on the later of

(a) the first day of the month in which the Minister determines that the veteran has provided all the prescribed information, and

(b) the day that is one year before the first day of the month in which the Minister determines that the veteran is entitled to the benefit.

Release from Canadian Forces

(4) If the determination referred to in paragraph (3)‍(a) is made before the day on which the veteran is released from the Canadian Forces, then the day referred to in that paragraph is the first day of the month in which the veteran is released or, if the veteran is released on the last day of the month, the first day of the month after the month in which the veteran is released.

Determination — diminished earning capacity

(5) If a rehabilitation plan is developed under section 10 for the physical or mental health problem referred to in subsection (1) for a veteran who is entitled to the income replacement benefit, then the Minister shall, in accordance with the regulations, determine whether the veteran has a diminished earning capacity that is due to that health problem, before the earlier of

(a) the day on which the veteran completes the rehabilitation plan, and

(b) the day on which the veteran attains the age of 65 years.

Duration of benefit

(6) Subject to subsections (7) and 20(2) and section 21, the income replacement benefit ceases to be payable on the earlier of

(a) the first day of the month after the month in which the Minister determines, as a result of an assessment of the veteran’s needs under subsection 10(1), that a rehabilitation plan should not be developed for the veteran,

(b) the first day of the month after the month in which the veteran completes the rehabilitation plan referred to in subsection (5) or the rehabilitation plan is cancelled,

(c) the first day of the month after the month in which the veteran attains the age of 65 years, and

(d) the first day of the month after the month in which the veteran dies.

Continuation

(7) If the Minister determines under subsection (5) that the veteran has a diminished earning capacity that is due to the physical or mental health problem referred to in subsection (1), the income replacement benefit continues to be payable to the veteran even if the rehabilitation plan has been completed or cancelled or the veteran has attained the age of 65 years, but the benefit ceases to be payable on the earlier of

(a) the first day of the month after the month in which the Minister determines that the veteran no longer has a diminished earning capacity that is due to that health problem, and

(b) the first day of the month after the month in which the veteran dies.

Deeming

(8) If the Minister makes the determination referred to in subsection (5) after the day on which the veteran attains the age of 65 years because the Minister was of the opinion that the reasons for delaying the determination were reasonable in the circumstances, that determination is deemed, for the purposes of subsection (7), to have been made before that day.

Non-application of subsection (2)

(9) Subsection (2) does not apply to a veteran if the Minister determines under subsection (5) that the veteran has a diminished earning capacity that is due to the physical or mental health problem.

Non-application — paragraph (7)‍(a)

(10) Paragraph (7)‍(a) does not apply to a veteran who has attained the age of 65 years.

132 (1) The portion of subsection 19(1) of the Act before the formula is replaced by the following:

Amount of benefit — veteran under age 65

19 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 18 to a veteran who is under the age of 65 years — or to a veteran who has attained the age of 65 years, for the month in which the veteran attained that age — shall be determined by the formula

(2) Paragraphs 19(2)‍(a) to (d) of the Act are replaced by the following:

(a) respecting, for the purposes of subsection (1), the determination of the imputed income in respect of a class of veterans, including the periodic adjustment — including in accordance with a career progression factor — of the monthly military salary used in that determination;

(b) providing for a minimum amount of imputed income in respect of a class of veterans and for the periodic adjustment of that minimum amount; and

(c) respecting the determination, for the purpose of the description of B in subsection (1), of an amount payable to a class of veterans for a month.

(3) Section 19 of the Act is amended by adding the following after subsection (2):

Career progression factor

(3) If regulations made under paragraph (2)‍(a) provide for the periodic adjustment of a veteran’s monthly military salary in accordance with a career progression factor, that periodic adjustment may only be applied if the Minister determines under subsection 18(5) that the veteran has a diminished earning capacity, and it shall not be applied after the earlier of

(a) the last day of the prescribed number of years of service of the veteran in the Canadian Forces, and

(b) the day before the day on which the veteran attains the age of 60 years.

133 Sections 20 to 22 of the Act are replaced by the following:

Amount of benefit — veteran 65 years or older

19.‍1 (1) Subject to the regulations and section 19, the monthly amount of the income replacement benefit that is payable under section 18 to a veteran who has attained the age of 65 years shall be determined by the formula

A – B

where

A

is 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they attain the age of 65 years had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account; and

B

is an amount that is payable to the veteran for a month from prescribed sources.

Regulations

(2) The Governor in Council may make regulations

(a) providing for the periodic adjustment of the amount determined for A in subsection (1); and

(b) respecting the determination, for the purpose of the description of B in subsection (1), of an amount payable to a class of veterans for a month.

Examination or assessment

20 (1) The Minister may, for the purpose of determining whether a veteran continues to be entitled to an income replacement benefit under section 18, require the veteran to undergo a medical examination or an assessment by a person specified by the Minister.

Non-compliance

(2) If a veteran who is required by the Minister to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may suspend the payment of the income replacement benefit. If the veteran continues to fail to undergo the medical examination or the assessment for a period of 30 days after the day on which payment of the benefit is suspended, the Minister may cancel the benefit.

Suspension or cancellation

21 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 18or cancel the benefit.

Survivors and Orphans

Eligibility — service-related death before age 65

22 (1) The Minister may, on application, pay, in accordance with section 23, an income replacement benefit to a member’s or a veteran’s survivor or orphan if the member or veteran dies before the day on which they attain the age of 65 years as the result of

(a) a service-related injury or disease; or

(b) a non-service-related injury or disease that was aggravated by service.

When benefit payable

(2) The income replacement benefit begins to be payable on the later of

(a) the first day of the month after the month in which the member or veteran dies, and

(b) the day that is one year before the first day of the month in which the Minister determines that the survivor or orphan is entitled to the benefit.

Duration of benefit

(3) Subject to section 26.‍2, the income replacement benefit ceases to be payable, as the case may be,

(a) to the survivor, on the first day of the month after the month in which the survivor dies; and

(b) to the orphan, on the earlier of

(i) the first day of the month after the month in which the orphan is no longer an orphan, and

(ii) the first day of the month after the month in which the orphan dies.

134 (1) Subsections 23(1) to (3) of the Act are replaced by the following:

Amount of benefit

23 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 22 in respect of a member or a veteran is

(a) for the month in which the member or veteran, if alive, would have attained the age of 65 years and any month before that month, 90% of the member’s or veteran’s imputed income for a month; and

(b) for any month after the month in which the member or veteran, if alive, would have attained the age of 65 years, 70% of the amount determined by the formula

A x B

where

A

is 70%; and

B

is 90% of the member’s or veteran’s imputed income for a month.

Division of benefit

(2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply:

(a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit;

(b) if there is a survivor and one or more orphans,

(i) the survivor is entitled to 50% of the income replacement benefit, and

(ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them;

(c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.

Reduction — survivor

(3) Subject to the regulations, the monthly amount of the income replacement benefit that is payable to a survivor is to be reduced by an amount that is payable to the survivor for a month — in respect of the member or veteran — from prescribed sources.

(2) Paragraphs 23(4)‍(a) to (d) of the Act are replaced by the following:

(a) respecting, for the purposes of paragraphs (1)‍(a) and (b), the determination of the imputed income in respect of a class of members or veterans, including the periodic adjustment — including in accordance with a career progression factor — of the monthly military salary used in that determination;

(b) providing for a minimum amount of imputed income in respect of a class of members or veterans and for the periodic adjustment of that minimum amount;

(c) providing for the periodic adjustment of the amount of the income replacement benefit calculated in accordance with subsection (1); and

(d) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month.

(3) Section 23 of the Act is amended by adding the following after subsection (4):

Career progression factor

(5) If regulations made under paragraph (4)‍(a) provide for the periodic adjustment of a member’s or a veteran’s monthly military salary in accordance with a career progression factor, that periodic adjustment shall not be applied after the earlier of

(a) the last day of the prescribed number of years of service of the member or veteran in the Canadian Forces, and

(b) the day before the day the member or veteran, if alive, would have attained the age of 60 years.

135 Sections 24 to 26 of the Act are replaced by the following:

Eligibility — non-service-related death before age 65

24 (1) The Minister may, on application, pay, in accordance with section 25, an income replacement benefit to a veteran’s survivor or orphan if the veteran

(a) dies before the day on which they attain the age of 65 years as the result of an injury or a disease other than

(i) a service-related injury or disease, or

(ii) a non-service-related injury or disease that was aggravated by service; and

(b) was entitled to the income replacement benefit at the time of their death.

Lump sum

(2) The benefit is to be paid as a lump sum.

Amount of benefit

25 (1) The amount of the income replacement benefit that is payable under section 24 in respect of a veteran is

(a) 24 times the amount of the income replacement benefit that the veteran would have been entitled to for the month in which they died had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account; or

(b) if the veteran was entitled to the income replacement benefit at the time of their death as a result of section 99,24 times the amount of the income replacement benefit that the veteran would have been entitled to for the month in which they died had subsections 99(3) to (5) never applied to the veteran and had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) not been taken into account.

Division of benefit

(2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply:

(a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit;

(b) if there is a survivor and one or more orphans,

(i) the survivor is entitled to 50% of the income replacement benefit, and

(ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them;

(c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.

Eligibility — veteran’s death at age 65 years or older

26 (1) The Minister may, on application, pay, in accordance with section 26.‍1, an income replacement benefit to a veteran’s survivor or orphan if the veteran dies on or after the day on which they attain the age of 65 years and the veteran was entitled to the income replacement benefit at the time of their death.

When benefit payable

(2) The income replacement benefit begins to be payable on the later of

(a) the first day of the month after the month in which the veteran dies, and

(b) the day that is one year before the first day of the month in which the Minister determines that the survivor or orphan is entitled to the benefit.

Duration of benefit

(3) Subject to section 26.‍2, the income replacement benefit ceases to be payable, as the case may be,

(a) to the survivor, on the first day of the month after the month in which the survivor dies; and

(b) to the orphan, on the earlier of

(i) the first day of the month after the month in which the orphan is no longer an orphan, and

(ii) the first day of the month after the month in which the orphan dies.

Amount of benefit

26.‍1 (1) Subject to the regulations, the monthly amount of the income replacement benefit that is payable under section 26 in respect of a veteran is

(a) 70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.‍1(1) not been taken into account; or

(b) if the veteran was entitled to the income replacement benefit at the time of their death as a result of section 99,70% of the income replacement benefit that the veteran would have been entitled to for the month in which they died — or, if the veteran died in the month in which they attained the age of 65 years, for the month after the month in which they died — had subsections 99(3) to (5) never applied to the veteran and had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19.‍1(1) not been taken into account.

Division of benefit

(2) If the income replacement benefit is payable to a survivor or an orphan, the following rules apply:

(a) if there is a survivor but no orphans, the survivor is entitled to 100% of the income replacement benefit;

(b) if there is a survivor and one or more orphans,

(i) the survivor is entitled to 50% of the income replacement benefit, and

(ii) the orphans are entitled, as a class, to 50% of the income replacement benefit, divided equally among them;

(c) if there are one or more orphans but no survivor, each of those orphans is entitled to the amount obtained by dividing the income replacement benefit by the number of those orphans.

Reduction — survivor

(3) Subject to the regulations, the monthly amount of the income replacement benefit that is payable to a survivor is to be reduced by an amount that is payable to the survivor for a month — in respect of the veteran — from prescribed sources.

Regulations

(4) The Governor in Council may make regulations

(a) providing for the periodic adjustment of the income replacement benefit calculated in accordance with subsection (1); and

(b) respecting the determination, for the purpose of subsection (3), of an amount payable to a class of survivors for a month.

Suspension or cancellation

26.‍2 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 22 or 26 or cancel the benefit.

136 The portion of section 27 of the Act before paragraph (b) is replaced by the following:

Eligibility — veterans

27 The Minister may, on application made within the prescribed time, pay a Canadian Forces income support benefit to a veteran who has been in receipt of an income replacement benefit under section 18 — or would, but for their level of income, have been in receipt of it — if

(a) the veteran is no longer entitled to the income replacement benefit;

137 The heading before section 38 and sections 38 to 40.‍6 of the Act are repealed.

138 (1) Paragraphs 41(a) and (b) of the Act are replaced by the following:

(a) providing for the notification of the Minister, by persons who are entitled to an income replacement benefit or a Canadian Forces income support benefit, of any changes in income or benefits, or in an amount payable for a month from a prescribed source for the purposes of subsection 19(1), 19.‍1(1),23(3) or 26.‍1(3), requiring the provision of statements of estimated income, benefits or amounts payable and providing for the effect of those changes on the calculation of the amount of the compensation payable;

(b) respecting what constitutes a diminished earning capacity;

(b.‍1) respecting the manner of determining whether a veteran has a diminished earning capacity that is due to a physical or a mental health problem;

(b.‍2) respecting what constitutes a year of service in the Canadian Forces, for the purposes of subsections 19(3) and 23(5);

(2) Section 41 of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (e) and by repealing paragraph (g).

139 The heading of Part 3 of the Act is replaced by the following:

Critical Injury, Pain and Suffering, Death and Detention

140 Section 42 of the Act is replaced by the following:

Non-application of this Part

42 This Part, other than sections 44.‍1,44.‍2 and 56.‍6 to 56.‍8, does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act.

141 The heading before section 45 of the Act is replaced by the following:

Pain and Suffering Compensation

142 (1) The portion of subsection 45(1) of the Act before paragraph (a) is replaced by the following:

Eligibility

45 (1) The Minister may, on application, pay pain and suffering compensation to a member or a veteran who establishes that they are suffering from a disability resulting from

(2) Subsection 45(2) of the Act is replaced by the following:

Compensable fraction

(2) Pain and suffering compensation may be paid under paragraph (1)‍(b) only in respect of that fraction of a disability, measured in fifths, that represents the extent to which the injury or disease was aggravated by service.

143 Subsection 46(2) of the Act is replaced by the following:

Compensable fraction

(2) If a disability results from an injury or a disease that is deemed to be a service-related injury or disease, pain and suffering compensation may be paid under subsection 45(1) only in respect of that fraction of the disability, measured in fifths, that represents the extent to which that injury or disease is a consequence of another injury or disease that is, or is deemed to be, a service-related injury or disease.

144 Sections 47 to 56 of the Act are replaced by the following:

Loss of paired organ or limb

47 (1) The Minister may, on application, pay pain and suffering compensation to a member or a veteran who has been paid a disability award or pain and suffering compensation or to whom pain and suffering compensation is payable on account of the loss of, or the permanent loss of the use of, one of their paired organs or limbs if the member or veteran suffers, either before or after that loss or loss of use, the loss of, the permanent loss of the use of or the impairment of the other paired organ or limb from any cause whatever.

Extent of disability

(2) The member’s or veteran’s extent of disability in respect of that other paired organ or limb shall be considered to be 50% of the extent of disability at which the member or veteran would have been assessed if the loss of, the permanent loss of the use of or the impairment of that paired organ or limb had occurred in circumstances in which pain and suffering compensation would have been payable under section 45.

Increase in extent of disability

48 (1) If a member or a veteran who has been paid a disability award or pain and suffering compensation or to whom pain and suffering compensation is payable establishes that their extent of disability, for which a disability award or pain and suffering compensation was paid or is payable, has subsequently increased, the Minister may, on application, pay pain and suffering compensation to the member or veteran.

Compensable fraction — aggravated by service

(2) In the case of a non-service related injury or disease that was aggravated by service, pain and suffering compensation may be paid under subsection (1) only in respect of that fraction of the disability that has been determined in accordance with subsection 45(2).

Compensable fraction — consequential injury or disease

(3) In the case of an injury or a disease that is a consequence of another injury or disease, pain and suffering compensation may be paid under subsection (1) only in respect of that fraction of the disability that has been determined in accordance with subsection 46(2).

How extent of disability assessed

49 (1) The assessment of the extent of a disability shall be based on the instructions and a table of disabilities to be made by the Minister for the guidance of persons making those assessments.

Statutory Instruments Act

(2) The instructions and table of disabilities are exempt from the application of sections 3,5 and 11 of the Statutory Instruments Act.

Amount of pain and suffering compensation

50 (1) Subject to section 56.‍4, the monthly amount of pain and suffering compensation that is payable under section 45,47 or 48 to a member or a veteran shall be determined by the formula

A – B

where

A

is the amount set out in column 3 of Schedule 3 that corresponds to the extent of disability, as set out in column 2 of that Schedule, that is the total of the member’s or veteran’s extent of disability for which a disability award has been paid or for which pain and suffering compensation is payable or has been paid as a lump sum; and

B

is the amount set out in column 3 of Schedule 3 that corresponds to the extent of disability, as set out in column 2 of that Schedule, that is the total of the member’s or veteran’s extent of disability for which a disability award has been paid or for which pain and suffering compensation has been paid as a lump sum.

Fraction

(2) For the purpose of determining the extent of disability in subsection (1), if a disability award or pain and suffering compensation was paid or may be paid only in respect of a fraction of a disability, then only that fraction of the disability shall be taken into account.

When pain and suffering compensation payable

51 (1) Pain and suffering compensation begins to be payable under section 45,47 or 48 on the later of

(a) the first day of the month in which the application for pain and suffering compensation is made, and

(b) the day that is three years before the first day of the month in which the pain and suffering compensation is granted.

Additional payment

(2) Despite subsection (1), if the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act, the Board is of the opinion that, were it not for delays in securing service or other records or other administrative difficulties beyond the control of the member or veteran, pain and suffering compensation would have been granted earlier, the Minister or the Board, as the case may be, may grant an additional payment to the member or veteran in an amount not exceeding an amount equal to the pain and suffering compensation payable to the member or veteran for two years.

Additional payment deemed to be compensation

(3) The additional payment is deemed to be compensation for the purposes of sections 88 to 90 and 92 and subsection 93(1).

Duration of pain and suffering compensation

52 Subject to section 52.‍1, pain and suffering compensation ceases to be payable under section 45,47 or 48 on the earlier of

(a) the first day of the month after the month in which the member or veteran makes an election under section 53, and

(b) the first day of the month after the month in which the member or veteran dies.

Suspension or cancellation

52.‍1 The Minister may, in the prescribed circumstances, suspend the payment of pain and suffering compensation that is payable under section 45,47 or 48 or cancel the pain and suffering compensation.

Election — lump sum

53 (1) A member or a veteran to whom pain and suffering compensation is payable under section 45,47 or 48 may elect, in the prescribed manner, to receive the pain and suffering compensation as a lump sum in lieu of monthly payments.

Amount of lump sum

(2) The amount of the pain and suffering compensation that is payable as a lump sum shall be determined by the formula

A – B

where

A

is the amount set out in column 4 of Schedule 3 that corresponds to the extent of disability, as set out in column 2 of that Schedule, that is the total of the member’s or veteran’s extent of disability for which pain and suffering compensation is payable; and

B

is the sum of the amounts obtained — in respect of each pain and suffering compensation that began to be payable to the member or veteran, other than pain and suffering compensation for which the member or veteran previously made an election under this section — by multiplying the amount determined in accordance with paragraph (a) by the number determined in accordance with paragraph (b):

(a) the amount set out in column 3 of Schedule 3 that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, for which that pain and suffering compensation was paid;

(b) the number of months for which the member or veteran was paid that pain and suffering compensation.

Election irrevocable

(3) An election made under subsection (1) is irrevocable and applies in respect of the member’s or veteran’s total extent of disability for which pain and suffering compensation is payable when the election is made.

Death of member or veteran

54 If a member or a veteran to whom pain and suffering compensation is payable under section 45,47 or 48 dies, the Minister may, on application, pay as a lump sum, in accordance with section 56.‍1, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, any pain and suffering compensation that would have been payable to the member or veteran under section 53 if they had made the election under that section on the day before their death.

Death of member or veteran — application pending

55 (1) If a member or a veteran who made an application for pain and suffering compensation under section 45,47 or 48 dies before the Minister makes a determination in respect of the application, the Minister may pay as a lump sum, in accordance with section 56.‍1, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, pain and suffering compensation in an amount equal to the amount, set out in column 4 of Schedule 3, that corresponds to the monthly amount of pain and suffering compensation, set out in column 3 of that Schedule, that would have been payable to the member or veteran under section 45,47 or 48, had they lived, as a result of the application.

Rights of survivor and dependent child

(2) The survivor or dependent child has, in respect of the application referred to in subsection (1), all of the rights that the member or veteran would have had had they lived.

Death of member or veteran — no application made

56 If a member or a veteran dies before they make an application for pain and suffering compensation under section 45,47 or 48, the Minister may, on application, pay as a lump sum, in accordance with section 56.‍1, to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, pain and suffering compensation in an amount equal to the amount, set out in column 4 of Schedule 3, that corresponds to the monthly amount of pain and suffering compensation, set out in column 3 of that Schedule, that would have been payable to the member or veteran under section 45,47 or 48 if the member or veteran had lived and had made the application.

Division of pain and suffering compensation

56.‍1 If pain and suffering compensation is payable to a survivor or a person who was, at the time of a member’s or veteran’s death, a dependent child, the following rules apply:

(a) if there is a survivor but no person who was a dependent child, the survivor is entitled to 100% of the pain and suffering compensation;

(b) if there is a survivor and one or more persons who were dependent children,

(i) the survivor is entitled to 50% of the pain and suffering compensation, and

(ii) the persons who were dependent children are entitled, as a class, to 50% of the pain and suffering compensation, divided equally among them;

(c) if there are one or more persons who were dependent children but no survivor, each of those children is entitled to the amount obtained by dividing the pain and suffering compensation by the number of those children.

Deemed extent of disability

56.‍2 For the purposes of sections 55 and 56, if a member or a veteran dies as a result of an injury or a disease for which a disability award has been paid or for which pain and suffering compensation has been paid, is payable or would be payable and their death occurs more than 30 days after the day on which the injury occurred or the disease was contracted or the injury or disease was aggravated, the member or veteran is deemed to have been assessed, on the day before their death, as having an extent of disability of 100% in respect of that injury or disease.

Reduction

56.‍3 If an amount is paid or payable to a person from a prescribed source in respect of a death or disability for which pain and suffering compensation is payable, the Minister may reduce the pain and suffering compensation that is payable to the person by an amount determined in accordance with the regulations.

Maximum extent of disability

56.‍4 (1) If a member’s or a veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments and deemed disability assessments under this Act — in relation to the disability award or pain and suffering compensation — and under the Pension Act, exceeds 100%, no pain and suffering compensation is to be paid for any percentage points exceeding 100%.

Compensable fraction

(2) For the purpose of determining the extent of disability, if a disability award or pain and suffering compensation was paid or may be paid only in respect of a fraction of a disability, or if only a fraction of a disability is pensionable under the Pension Act, then only that fraction of the disability shall be taken into account.

No pain and suffering compensation — decision under Pension Act

56.‍5 (1) No pain and suffering compensation shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, has been the subject of an application for a pension under the Pension Act and the Minister, or the Commission as defined in section 79 of that Act, has rendered a decision in respect of the application.

No pain and suffering compensation — inseparable for purpose of assessment

(2) No pain and suffering compensation shall be granted in respect of an injury or a disease, or the aggravation of an injury or a disease, if the Minister determines that the injury or disease, or the aggravation, 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 under the Pension Act.

Additional Pain and Suffering Compensation

Eligibility

56.‍6 (1) The Minister may, on application, pay additional pain and suffering compensation to a veteran who suffers from one or more disabilities that are creating a permanent and severe impairment and a barrier to re-establishment in civilian life if the veteran, in respect of each of those disabilities, has been granted a disability award or pain and suffering compensation or a disability pension under the Pension Act.

Non-application of subsection (1)

(2) Subsection (1) does not apply in respect of a disability resulting from an injury or disease, or the aggravation of an injury or disease, that resulted from

(a) service in the Canadian Forces on or before April 1,1947; or

(b) service in the Korean War, as defined in subsection 3(1) of the Pension Act.

Ineligibility — exceptional incapacity allowance

(3) A veteran who is receiving an exceptional incapacity allowance under the Pension Act is not eligible for additional pain and suffering compensation.

Assessment of extent of impairment

(4) The Minister shall assess the extent of the veteran’s permanent and severe impairment.

Amount of additional pain and suffering compensation

(5) The monthly amount of additional pain and suffering compensation that is payable is the amount set out in column 2 of Schedule 4 that corresponds to the extent of the veteran’s permanent and severe impairment as set out in column 1 of that Schedule.

When additional pain and suffering compensation payable

(6) Subject to subsection (8), additional pain and suffering compensation begins to be payable on the later of

(a) the first day of the month in which the application for additional pain and suffering compensation is made,

(b) the day that is one year before the first day of the month in which the veteran is determined to be entitled to the additional pain and suffering compensation, and

(c) the first day of the month in which the veteran is released from the Canadian Forces or, if the veteran is released on the last day of the month, the first day of the month after the month in which the veteran is released.

Reassessment of extent of impairment

(7) If there has been a change in circumstances relating to a veteran to whom additional pain and suffering compensation is payable, the Minister may, on application, reassess the extent of the veteran’s permanent and severe impairment. The Minister may, on his or her own initiative, reassess the extent of the veteran’s permanent and severe impairment.

When additional pain and suffering compensation payable — reassessment

(8) If, as a result of the reassessment, a determination is made that the extent of the veteran’s permanent and severe impairment has changed, the resulting additional pain and suffering compensation begins to be payable,

(a) if the reassessment is conducted on application and the veteran’s extent of impairment has worsened, on the later of

(i) the first day of the month in which the application for a reassessment is made, and

(ii) the day that is one year before the first day of the month in which the determination is made;

(b) if the reassessment is conducted on application and the veteran’s extent of impairment has lessened, on the first day of the month after the month in which the determination is made; or

(c) if the reassessment is conducted on the Minister’s own initiative, on the first day of the month after the month in which the determination is made.

Duration of additional pain and suffering compensation

(9) Subject to section 56.‍8, additional pain and suffering compensation ceases to be payable on the earlier of

(a) the first day of the month after the month in which the Minister determines that the veteran is no longer entitled to the additional pain and suffering compensation, and

(b) the first day of the month after the month in which the veteran dies.

Examination or assessment

56.‍7 The Minister may, for the purpose of determining whether a veteran continues to be entitled to additional pain and suffering compensation under section 56.‍6 or for the purpose of determining whether the extent of the veteran’s permanent and severe impairment has changed, require the veteran to undergo a medical examination or an assessment by a person specified by the Minister.

Suspension or cancellation

56.‍8 The Minister may, in the prescribed circumstances, suspend the payment of additional pain and suffering compensation or cancel the additional pain and suffering compensation.

145 (1) Subsections 60(1) and (2) of the Act are replaced by the following:

Allowance — amputation

60 (1) The Minister may, on application, pay to a member or a veteran who has received a disability award or pain and suffering compensation on account of an amputation of their leg at or above a Symes’ amputation a clothing allowance in respect of their amputation that causes wear and tear of clothing.

Allowance — amputation

(2) The Minister may, on application, pay to a member or a veteran who has received a disability award or pain and suffering compensation on account of an amputation of the arm at or above the wrist a clothing allowance in respect of their amputation that causes wear and tear of clothing.

(2) Subsection 60(3) of the English version of the Act is replaced by the following:

Allowance — two amputations

(3) If a member or a veteran has received a disability award or pain and suffering compensation on account of two amputations of a kind described in subsection (1) or (2), the Minister may, on application, in addition to the allowances that may be payable under that subsection, pay a clothing allowance in respect of the second amputation equal to 50% of the allowance payable in respect of that amputation.

(3) Subsections 60(4) and (5) of the Act are replaced by the following:

Allowance — other disabilities

(4) If a member or a veteran has received a disability award or pain and suffering compensation for a disability other than a disability described in subsection (1) or (2) that causes wear and tear of clothing, the Minister may, on application, pay a clothing allowance.

Specially made apparel

(5) If a member or a veteran has received a disability award or pain and suffering compensation for a disability that requires the wearing of specially made apparel, the Minister may, on application, in addition to any other allowance that may be payable under this section, pay a clothing allowance on account of the purchase of the apparel.

146 Section 63 of the Act is replaced by the following:

Governor in Council

63 The Governor in Council may make regulations

(a) respecting the rules of evidence and evidentiary presumptions relating to applications for a critical injury benefit, pain and suffering compensation or a death benefit;

(b) respecting the determination, for the purpose of section 56.‍3, of an amount by which pain and suffering compensation may be reduced; and

(c) respecting what constitutes a permanent and severe impairment, the manner of determining whether a veteran has a permanent and severe impairment and the extent of the permanent and severe impairment.

147 (1) Paragraph 65.‍1(1)‍(a) of the Act is replaced by the following:

(a) the veteran has had an application for a disability award or pain and suffering compensation approved;

(2) Paragraph 65.‍1(1)‍(b) of the English version of the Act is replaced by the following:

(b) as a result of the disability for which the application for a disability award or pain and suffering compensation was approved, the veteran requires ongoing care;

148 Subsection 74(1) of the English version of the Act is replaced by the following:

Expenses

74 (1) The Minister may pay to a person who undergoes a medical examination or an assessment at the Minister’s request a reasonable amount for their travel and living expenses incurred by reason of the medical examination or the assessment.

149 The portion of section 82 of the Act before paragraph (a) is replaced by the following:

Social Insurance Number

82 The Minister may, for the purpose of determining whether a person is entitled to an income replacement benefit or a Canadian Forces income support benefit under this Act,

150 (1) The portion of subsection 88(4) of the English version of the Act before paragraph (a) is replaced by the following:

Erroneous payments

(4) Despite anything in this Act, the Minister may continue the payment of an education and training benefit, an income replacement benefit, a Canadian Forces income support benefit, pain and suffering compensation, additional pain and suffering compensation, 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) Paragraphs 88(4)‍(c) and (d) of the English version of the Act are replaced by the following:

(c) the cancellation or reduction of the benefit, allowance, pain and suffering compensation or additional pain and suffering compensation would, in the opinion of the Minister, cause undue hardship to the person; and

(d) the benefit, allowance, pain and suffering compensation or additional pain and suffering compensation 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:

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 la prestation de remplacement du revenu, de l’allocation de soutien du revenu, de l’indemnité pour douleur et souffrance, de l’indemnité supplémentaire pour douleur et souffrance, 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.

151 Section 90 of the Act is replaced by the following:

Interest

90 No interest shall be paid in respect of any compensation that is payable under this Act.

152 (1) Section 94 of the Act is amended by adding the following after paragraph (a):

(a.‍1) respecting what constitutes a barrier to re-establishment in civilian life;

(2) Paragraph 94(c) of the Act is replaced by the following:

(c) providing for the periodic adjustment of the amounts set out in Schedules 1 to 4;

(3) Paragraph 94(e) of the Act is 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 income replacement benefit, a Canadian Forces income support benefit, pain and suffering compensation, additional pain and suffering compensation 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, allowance, pain and suffering compensation or additional pain and suffering compensation until the information, declaration or document is provided;

(4) Paragraphs 94(i.‍1) and (i.‍2) of the Act are repealed.

153 Section 94.‍1 of the Act is replaced by the following:

Retroactive application of regulations

94.‍1 Regulations made in respect of the caregiver recognition benefit under sections 65.‍4 and 94 may, if they so provide, be retroactive.

154 The heading of Part 5 of the Act is replaced by the following:

Transitional Provisions

155 The heading before section 95 of the Act is replaced by the following:

Limitation

156 The Act is amended by adding the following after section 95:

Special Duty Areas and Special Duty Operations

157 Sections 98 to 117 of the Act are replaced by the following:

Transitional Provisions Relating to Income Replacement Benefit

Definitions

Definitions

98 The following definitions apply in this section and in sections 99 to 129.

Consumer Price Index means the annual average all-items Consumer Price Index for Canada (not seasonally adjusted) published by Statistics Canada. (indice des prix à la consommation)

former Act means this Act as it read immediately before April 1,2019. (ancienne loi)

indexed means adjusted annually on January 1 in accordance with the annual percentage increase to the Consumer Price Index, rounded to the next 0.‍10%, for the year ending on October 31 of the previous year. (indexé)

new Act means this Act as it reads on April 1,2019. (nouvelle loi)

Earnings Loss Benefit

Members and Veterans

Veterans’ deemed entitlement to income replacement benefit

99 (1) If, before April 1,2019, the Minister determined, as a result of an assessment of a veteran’s needs under subsection 10(1) of the former Act, that a rehabilitation plan or a vocational assistance plan should be developed for the veteran in respect of a physical or a mental health problem and if, as a result of the Minister’s determination, an earnings loss benefit was payable to the veteran on March 31,2019 under section 18 of the former Act, then the veteran is deemed, on April 1,2019, to be entitled to an income replacement benefit under section 18 of the new Act in respect of that health problem and the following rules apply in respect of the veteran:

(a) for the purposes of subsection 18(2) of the new Act, the veteran is deemed, on April 1,2019, to be informed of their entitlement to the income replacement benefit;

(b) despite subsection 18(3) of the new Act, the benefit begins to be payable to the veteran on April 1,2019;

(c) the physical or mental health problem in respect of which the veteran is deemed to be entitled to the benefit is deemed to be the physical or mental health problem referred to in subsection 18(5) or (7) of the new Act;

(d) if, on a day before April 1,2019, the Minister determined that the veteran has a diminished earning capacity that is due to the physical or mental health problem in respect of which the veteran is deemed to be entitled to the benefit, the Minister is deemed to have made that determination, on that day, under subsection 18(5) of the new Act;

(e) if, on March 31,2019, the veteran was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act, the veteran is deemed, on April 1,2019, to be entitled to continue to receive the income replacement benefit under subsection 18(7) of the new Act; and

(f) the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is to be determined under subsection 19(1) or 19.‍1(1) of that Act, subject to subsections (2) to (5).

Limitation — career progression factor

(2) If the physical or mental health problem in respect of which the veteran is deemed to be entitled to the income replacement benefit under subsection (1) did not result primarily from service in the Canadian Forces and an increase to the career impact allowance was not payable to the veteran, under subsection 38(3) of the former Act, on March 31,2019, then the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is determined under subsection 19(1) of that Act without any periodic adjustment in accordance with a career progression factor.

Protected amount — veteran under age 65

(3) If, in determining the amount of the income replacement benefit that is payable to the veteran for a given month, the amount determined for A in subsection 19(1) of the new Act is less than the sum of the following amounts, indexed until the time the benefit is payable, then the amount determined for A is to be replaced by that sum:

(a) the amount determined for A in subsection 19(1) of the former Act that was used to calculate the earnings loss benefit payable to the veteran under section 18 of that Act for the month of March 2019, and

(b) if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31,2019, the amount of the increase that the veteran received for the month of March 2019 or, if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under that subsection for that month if the increase had been payable for the whole month.

Protected amount — veteran 65 years or older

(4) If, in determining the amount of the income replacement benefit that is payable to the veteran for a given month, the amount determined for A in subsection 19.‍1(1) of the new Act, indexed until the time the benefit is payable, is less than 70% of the sum of the following amounts, indexed until the time the benefit is payable, then the amount determined for A is to be replaced by 70% of the sum of the following amounts, indexed until the time the benefit is payable:

(a) the amount determined for A in subsection 19(1) of the former Act that was used to calculate the earnings loss benefit payable to the veteran under section 18 of that Act for the month of March 2019, and

(b) if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31,2019, the amount of the increase that the veteran received for the month of March 2019 or, if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under that subsection for that month if the increase had been payable for the whole month.

Minimum amount of income replacement benefit

(5) Despite subsections (3) and (4), if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31,2019, then the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is not to be less than,

(a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the benefit is payable; or

(b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the benefit is payable.

Amount paid

(6) If an increase to the career impact allowance was payable to a veteran referred to in subsection (1), under subsection 38(3) of the former Act, on March 31,2019, then the Minister shall pay to the veteran, for every month for which the income replacement benefit is not payable to the veteran and that is included in the period beginning with the month of April 2019 and ending with the month in which the veteran dies, an amount equal to,

(a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the amount is payable under this subsection; or

(b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the amount is payable under this subsection.

Non-application of subsection (6)

(7) Subsection (6) does not apply if the Minister determines that the veteran’s eligibility for an amount that is payable under that subsection is based on a misrepresentation or the concealment of a material fact. The determination is deemed to be made under Part 2.

Amount deemed to be compensation

(8) An amount paid or payable under subsection (6) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

Application of subsection 88(4)

(9) Subsection 88(4) applies to an amount paid under subsection (6).

Pending applications — earnings loss benefit and rehabilitation services

100 If, before April 1,2019, a veteran made an application — in respect of a physical or a mental health problem — for an earnings loss benefit under subsection 18(1) of the former Act and for rehabilitation services or vocational assistance under section 8 or 9 of that Act but the Minister did not make a determination in respect of either of those applications before that date, then the veteran is deemed to have made an application for an income replacement benefit under subsection 18(1) of the new Act on that date.

Pending applications — earnings loss benefit

101 (1) If, before April 1,2019, the Minister approved an application for rehabilitation services or vocational assistance made by a veteran under section 8 or 9 of the former Act in respect of a physical or a mental health problem but the Minister did not make a determination before that date in respect of an application for an earnings loss benefit made by the veteran under subsection 18(1) of the former Act in respect of that health problem, then the Minister shall make the determination in respect of the application for the earnings loss benefit under that subsection.

Approved applications — payment of benefit

(2) If the Minister approves the application, the Minister shall pay to the veteran, under section 18 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 18(2) of that Act and ending on March 31,2019.

Review

102 (1) If, before April 1,2019, the Minister made a determination to deny an application for an earnings loss benefit made by a veteran under subsection 18(1) of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1,2019, to approve the application for the benefit in respect of a physical or a mental health problem, then the veteran is deemed, on the day of the final determination, to be entitled to an income replacement benefit under section 18 of the new Act in respect of that health problem and the following rules apply in respect of the veteran:

(a) for the purposes of subsection 18(2) of the new Act, the veteran is deemed, on the day of the final determination, to be informed of their entitlement to the income replacement benefit;

(b) despite subsection 18(3) of the new Act, the benefit begins to be payable to the veteran on the first day of the month in which the final determination is made;

(c) the physical or mental health problem in respect of which the veteran is deemed to be entitled to the benefit is deemed to be the physical or mental health problem referred to in subsection 18(5) or (7) of the new Act; and

(d) the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is to be determined under subsection 19(1) or 19.‍1(1) of that Act, subject to subsection (2).

Limitation — career progression factor

(2) If the physical or mental health problem in respect of which the veteran is deemed to be entitled to the income replacement benefit under subsection (1) did not result primarily from service in the Canadian Forces and an increase to the career impact allowance was not payable to the veteran, under subsection 38(3) of the former Act, on March 31,2019, then the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is determined under subsection 19(1) of that Act without any periodic adjustment in accordance with a career progression factor.

Non-application of subsection (1)

(3) Subsection (1) does not apply to a veteran if the final determination referred to in that subsection is made after the day on which the veteran attains the age of 65 years.

Review — diminished earning capacity

103 If, on a given day before April 1,2019, the Minister made a determination that a veteran did not have a diminished earning capacity that was due to a physical or a mental health problem in respect of which the veteran was entitled to an earnings loss benefit under section 18 of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1,2019, that the veteran has a diminished earning capacity that is due to that problem, then the following rules apply in respect of the veteran:

(a) the Minister is deemed to have made that final determination on that given day;

(b) if, before April 1,2019, the veteran was no longer entitled to the earnings loss benefit in respect of that problem, then

(i) the veteran is deemed, on the day on which the veteran was no longer entitled to the benefit, to be entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act,

(ii) the Minister shall pay to the veteran, under section 18 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day referred to in subparagraph (i) and ending on the earlier of March 31,2019 and the day on which the veteran attains the age of 65 years, and

(iii) if the veteran attained the age of 65 years in the period beginning on the day referred to in subparagraph (i) and ending on March 30,2019, the veteran is deemed to have made an application for a retirement income security benefit under subsection 40.‍1(1) of the former Act on the day on which they attained the age of 65 years; and

(c) if a career impact allowance was payable to the veteran under subsection 38(1) of the former Act on March 31,2019 and the Minister, before April 1,2019, made a determination to deny the veteran’s application for an increase to the career impact allowance made under subsection 38(3) of this Act as it read at any time before that date and if the Minister’s determination is not the subject of a review under section 83 on March 31,2019 and the veteran did not, before April 1,2019, make a new application for an increase to the career impact allowance under that subsection 38(3), then the veteran is deemed to have made an application for an increase to the career impact allowance under subsection 38(3) of the former Act on March 31,2019.

Members — determination deemed not to have been made

104 If, before April 1,2019, the Minister made a determination in respect of an application for an earnings loss benefit made by a member under subsection 18(1) of the former Act and the member was not released from the Canadian Forces before March 31,2019, then the application and the determination are deemed not to have been made.

Members — pending applications

105 If, before April 1,2019, a member made an application for an earnings loss benefit under subsection 18(1) of the former Act but the Minister did not make a determination in respect of the application before that date and the member was not released from the Canadian Forces before March 31,2019, then the application is deemed not to have been made.

Survivors and Orphans

Survivors’ and orphans’ deemed entitlement to income replacement benefit

106 (1) A survivor or an orphan to whom an earnings loss benefit was payable on March 31,2019 under section 22 of the former Act is deemed, on April 1,2019, to be entitled to an income replacement benefit under section 22 of the new Act and the following rules apply in respect of the survivor or orphan:

(a) despite subsection 22(2) of the new Act, the income replacement benefit begins to be payable to the survivor or orphan on April 1,2019; and

(b) the monthly amount of the income replacement benefit that is payable to the survivor or orphan under section 22 of the new Act is determined under section 23 of that Act, subject to subsections (2) to (7).

Survivors — protected amount for month referred to in paragraph 23(1)‍(a)

(2) If the amount of the income replacement benefit that is payable to a survivor under section 22 of the new Act for a month referred to in paragraph 23(1)‍(a) of that Act and that is determined under section 23 of that Act — not taking into account any reduction under subsection 23(3) of that Act — is less than the amount of the earnings loss benefit that was payable to the survivor under section 22 of the former Act for the month of March 2019 and that was determined under section 23 of that Act — not taking into account any reduction under subsection 23(3) of that Act — then the former amount is to be replaced by the latter amount.

Survivors — protected amount for month referred to in paragraph 23(1)‍(b)

(3) If the amount of the income replacement benefit that is payable to a survivor under section 22 of the new Act for a month referred to in paragraph 23(1)‍(b) of that Act and that is determined under section 23 of that Act — not taking into account any reduction under subsection 23(3) of that Act — is less than the amount determined by the following formula, then the former amount is to be replaced by the latter amount:

A x B

where

A

is 70%; and

B

is 70% of the amount of the earnings loss benefit that was payable to the survivor under section 22 of the former Act for the month of March 2019 and that was determined under section 23 of that Act, not taking into account any reduction under subsection 23(3) of that Act.

Non-application of subsections (2) and (3)

(4) Subsections (2) and (3) cease to apply to a survivor on the first day of the month after the month in which the facts that were used to determine the percentage of the income replacement benefit payable to them in accordance with subsection 23(2) of the new Act are different from those used to determine the percentage of the earnings loss benefit that was payable to them in accordance with subsection 23(2) of the former Act for the month of March 2019.

Protected amount — orphans

(5) If the amount of the income replacement benefit that is payable to an orphan under section 22 of the new Act for a month referred to in paragraph 23(1)‍(a) of that Act and that is determined under section 23 of that Act is less than the amount of the earnings loss benefit that was payable to the orphan under section 22 of the former Act for the month of March 2019 and that was determined under section 23 of that Act, then the former amount is to be replaced by the latter amount.

Non-application of subsection (5)

(6) Subsection (5) ceases to apply to an orphan on the first day of the month after the month in which the facts that were used to determine the percentage of the income replacement benefit payable to them in accordance with subsection 23(2) of the new Act are different from those used to determine the percentage of the earnings loss benefit that was payable to them in accordance with subsection 23(2) of the former Act for the month of March 2019.

Indexation

(7) For the purposes of subsections (2) and (5), the amount of the earnings loss benefit referred to in those subsections, and for the purposes of subsection (3), the amount determined by the formula set out in that subsection, is to be indexed until the time the income replacement benefit is payable.

Pending applications

107 (1) If, before April 1,2019, a survivor or an orphan made an application for an earnings loss benefit under subsection 22(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31,2020, it is deemed to have been made on that date.

Approved applications — payment of benefit

(2) If the Minister approves the application, the Minister shall pay to the survivor or orphan, under section 22 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 22(2) of that Act and ending on March 31,2019.

Deemed application for retirement income security benefit

(3) If the earnings loss benefit that is paid to a survivor referred to in subsection (2) ceases to be payable before March 31,2019, the survivor is deemed to have made an application for a retirement income security benefit under subsection 40.‍4(1) of the former Act on the day on which the member or veteran, if alive, would have attained the age of 65 years.

Review

108 (1) If, before April 1,2019, the Minister made a determination to deny an application for an earnings loss benefit made by a survivor or an orphan under subsection 22(1) of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1,2019, to approve the application for the benefit, then,

(a) if the final determination is made after March 31,2020, it is deemed to have been made on that date; and

(b) the Minister shall pay to the survivor or orphan, under section 22 of the former Act, the earnings loss benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 22(2) of that Act and ending on March 31,2019.

Deemed application for retirement income security benefit

(2) If the earnings loss benefit that is paid to a survivor referred to in paragraph (1)‍(b) ceases to be payable before March 31,2019, the survivor is deemed to have made an application for a retirement income security benefit under subsection 40.‍4(1) of the former Act on the day on which the member or veteran, if alive, would have attained the age of 65 years.

Career Impact Allowance

Amount paid — veterans who received increase

109 (1) If an increase to the career impact allowance was payable to a veteran, under subsection 38(3) of the former Act, on March 31,2019 but neither an earnings loss benefit under section 18 of the former Act nor a retirement income security benefit under section 40.‍1 or 40.‍2 of that Act was payable to the veteran on March 31,2019, then the Minister shall pay to the veteran, for every month for which the income replacement benefit is not payable to the veteran under section 18 of the new Act and that is included in the period beginning with the month of April 2019 and ending with the month in which the veteran dies, an amount equal to,

(a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the amount is payable under this subsection; or

(b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the amount is payable under this subsection.

Non-application of subsection (1)

(2) Subsection (1) does not apply if the Minister determines that the veteran’s eligibility for an amount that is payable under that subsection is based on a misrepresentation or the concealment of a material fact. The determination is deemed to be made under Part 2.

Minimum amount of income replacement benefit

(3) If a veteran received an amount under subsection (1) for a given month and if, for any month after that month, the income replacement benefit is payable to the veteran under section 18 of the new Act, then the monthly amount of the income replacement benefit that is payable to the veteran is not, despite subsections 19(1) and 19.‍1(1) of the new Act, to be less than,

(a) if the increase to the career impact allowance that the veteran received under subsection 38(3) of the former Act for the month of March 2019 was payable for the whole month, the amount of the increase that the veteran received for that month, indexed until the time the benefit is payable; or

(b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the benefit is payable.

Amount deemed to be compensation

(4) An amount paid or payable under subsection (1) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

Application of subsection 88(4)

(5) Subsection 88(4) applies to an amount paid under subsection (1).

Pending applications

110 (1) If, before April 1,2019, a veteran made an application for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1,2019 but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under subsection 38(1) of the former Act. If the determination is made after March 31,2020, it is deemed to have been made on that date.

Approved applications — payment of allowance

(2) If the Minister approves the application, the Minister shall

(a) determine, under subsection 38(2) of the former Act, the amount of the career impact allowance that is payable to the veteran in a year; and

(b) pay to the veteran, under section 38 of the former Act, the career impact allowance that they are entitled to, but only for the period beginning on the day on which the allowance begins to be payable under section 39 of that Act and ending on March 31,2019.

Pending applications for increase

(3) If, before April 1,2019, a veteran made an application for an increase to the career impact allowance under subsection 38(3) of this Act as it read at any time before April 1,2019 but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under subsection 38(3) of the former Act. If the determination is made after March 31,2020, it is deemed to have been made on that date.

Approved applications — payment of increase

(4) If the Minister approves the application, the Minister shall increase the career impact allowance that is payable to the veteran under section 38 of the former Act by the amount set out in item 2.‍1, column 2, of Schedule 2 to the former Act, but only for the period beginning on the day on which the increase begins to be payable under section 39 of that Act and ending on March 31,2019.

Review respecting applications for allowance

111 (1) If, before April 1,2019, the Minister made a determination to deny an application for a career impact allowance made by a veteran under subsection 38(1) of this Act as it read at any time before that date but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1,2019, to approve the application for the allowance, then,

(a) if the final determination is made after March 31,2020, it is deemed to have been made on that date;

(b) the Minister shall determine, under subsection 38(2) of the former Act, the amount of the career impact allowance that is payable to the veteran in a year; and

(c) the Minister shall pay to the veteran under section 38 of the former Act the career impact allowance that they are entitled to, but only for the period beginning on the day on which the allowance begins to be payable under section 39 of that Act and ending on March 31,2019.

Review respecting applications for increase

(2) If, before April 1,2019, the Minister made a determination to deny an application for an increase to the career impact allowance made by a veteran under subsection 38(3) of this Act as it read at any time before that date but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1,2019, to approve the application for the increase, then,

(a) if the final determination is made after March 31,2020, it is deemed to have been made on that date; and

(b) the Minister shall increase the career impact allowance that is payable to the veteran under section 38 of the former Act by the amount set out in item 2.‍1, column 2, of Schedule 2 to that Act, but only for the period beginning on the day on which the increase begins to be payable under section 39 of that Act and ending on March 31,2019.

Review respecting amount of allowance

112 If, after approving an application made by a veteran for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1,2019, the Minister determined, under subsection 38(2) of this Act as it read at any time before April 1,2019, the amount of the career impact allowance that may be paid to the veteran in a year but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1,2019, to increase the amount of the allowance that may be paid, then,

(a) if the final determination is made after March 31,2020, it is deemed to have been made on that date; and

(b) the Minister shall increase the career impact allowance that may be paid to the veteran under section 38 of the former Act, by an amount that is the difference between the amount of the allowance set out in the final determination and the amount of the allowance that was initially determined, but only for the period beginning on the latest of the following days and ending on March 31,2019:

(i) the day on which the application for the allowance was made under that subsection 38(1),

(ii) the day that is one year before the day on which the final determination is made, and

(iii) the day after the day on which the veteran was released from the Canadian Forces.

Members — determination under subsection 38(1) of former Act

113 (1) If, before April 1,2019, the Minister made a determination in respect of an application for a career impact allowance made by a member under subsection 38(1) of this Act as it read at any time before April 1,2019 and the member was not released from the Canadian Forces before March 31,2019, then

(a) if the determination was to approve the application,

(i) the application and the Minister’s determination are deemed not to have been made, and

(ii) the member is deemed to have made an application for additional pain and suffering compensation under subsection 56.‍6(1) of the new Act on April 1,2019; and

(b) if the determination was to deny the application, the application and the Minister’s determination are deemed not to have been made.

Members — determination under subsection 38(3) of former Act

(2) If, before April 1,2019, the Minister made a determination in respect of an application for an increase to the career impact allowance made by a member under subsection 38(3) of this Act as it read at any time before April 1,2019 and the member was not released from the Canadian Forces before March 31,2019, then the application and the Minister’s determination are deemed not to have been made.

Members — pending applications for allowance

114 (1) If, before April 1,2019, a member made an application for a career impact allowance under subsection 38(1) of this Act as it read at any time before April 1,2019 but the Minister did not make a determination in respect of the application before that date and the member was not released from the Canadian Forces before March 31,2019, then the application is deemed not to have been made and the member is deemed to have made an application for additional pain and suffering compensation under subsection 56.‍6(1) of the new Act on April 1,2019.

Members — pending applications for increase

(2) If, before April 1,2019, a member made an application for an increase to the career impact allowance under subsection 38(3) of this Act as it read at any time before April 1,2019 but the Minister did not make a determination in respect of the application before that date and the member was not released from the Canadian Forces before March 31,2019, then the application is deemed not to have been made.

Retirement Income Security Benefit

Veterans

Veterans’ deemed entitlement to income replacement benefit

115 (1) A veteran to whom a retirement income security benefit was payable on March 31,2019 under section 40.‍1 or 40.‍2 of the former Act is deemed, on April 1,2019, to be entitled to an income replacement benefit under section 18 of the new Act and the following rules apply in respect of the veteran:

(a) despite subsection 18(3) of the new Act, the income replacement benefit begins to be payable to the veteran on April 1,2019;

(b) the veteran is deemed, on April 1,2019, to be entitled to continue to receive the income replacement benefit under subsection 18(7) of the new Act; and

(c) the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is to be determined under subsection 19.‍1(1) of that Act, subject to subsections (2) to (4).

Amount determined for A in subsection 19.‍1(1)

(2) The amount determined for A in subsection 19.‍1(1) of the new Act is 70% of the income replacement benefit that the veteran would have been entitled to for the month of March 2019 if the benefit had been payable to the veteran for that month, if the veteran had attained the age of 65 years in that month and if any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) had not been taken into account.

Protected amount

(3) If, in determining the amount of the income replacement benefit that is payable to the veteran for a given month, the amount determined for A in subsection 19.‍1(1) of the new Act, indexed until the time the benefit is payable, is less than the sum of the following amounts, indexed until the time the benefit is payable, then the amount determined for A is to be replaced by that sum:

(a) the amount determined for A in subsection 40.‍1(4) or 40.‍2(4) of the former Act, as the case may be, that was used to calculate the retirement income security benefit payable to the veteran under subsection 40.‍1(1) or 40.‍2(1) of that Act, as the case may be, for the month of March 2019, and

(b) if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31,2019,70% of the amount of the increase that the veteran received for the month of March 2019 or, if the increase was payable only for a portion of that month, 70% of the amount of the increase that the veteran would have received under that subsection for that month if the increase had been payable for the whole month.

Minimum amount of benefit

(4) Despite subsection (2), if an increase to the career impact allowance was payable to the veteran, under subsection 38(3) of the former Act, on March 31,2019, then the monthly amount of the income replacement benefit that is payable to the veteran under section 18 of the new Act is not to be less than,

(a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the benefit is payable; or

(b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the benefit is payable.

Amount paid

(5) If an increase to the career impact allowance was payable to a veteran referred to in subsection (1), under subsection 38(3) of the former Act, on March 31,2019, then the Minister shall pay to the veteran, for every month for which the income replacement benefit is not payable to the veteran and that is included in the period beginning with the month of April 2019 and ending with the month in which the veteran dies, an amount equal to,

(a) if the increase was payable for the whole month of March 2019, the amount of the increase that the veteran received for that month, indexed until the time the amount is payable under this subsection; or

(b) if the increase was payable only for a portion of that month, the amount of the increase that the veteran would have received under subsection 38(3) of the former Act for that month if the increase had been payable for the whole month, indexed until the time the amount is payable under this subsection.

Non-application of subsection (5)

(6) Subsection (5) does not apply if the Minister determines that the veteran’s eligibility for an amount that is payable under that subsection is based on a misrepresentation or the concealment of a material fact. The determination is deemed to be made under Part 2.

Amount deemed to be compensation

(7) An amount paid or payable under subsection (5) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

Application of subsection 88(4)

(8) Subsection 88(4) applies to an amount paid under subsection (5).

Pending applications — subsection 40.‍1(1) of former Act

116 (1) If, before April 1,2019, a veteran made an application for a retirement income security benefit under subsection 40.‍1(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31,2020, it is deemed to have been made on that date.

Approved applications — payment of benefit

(2) If the Minister approves the application, the Minister shall pay to the veteran under section 40.‍1 of the former Act the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.‍1(2) of that Act and ending on March 31,2019.

Pending applications — subsection 40.‍2(1) of former Act

117 (1) If, before April 1,2019, a veteran made an application for a retirement income security benefit under subsection 40.‍2(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31,2020, it is deemed to have been made on that date.

Approved applications — payment of benefit

(2) If the Minister approves the application, the Minister shall pay to the veteran, under section 40.‍2 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.‍2(2) of that Act and ending on March 31,2019.

Survivors

Survivors’ deemed entitlement to income replacement benefit (section 40.‍3 of former Act)

118 (1) A survivor to whom a retirement income security benefit was payable on March 31,2019 under section 40.‍3 of the former Act is deemed, on April 1,2019, to be entitled to an income replacement benefit under section 26 of the new Act and the following rules apply in respect of the survivor:

(a) despite subsection 26(2) of the new Act, the income replacement benefit begins to be payable to the survivor on April 1,2019;

(b) the monthly amount of the income replacement benefit that is payable to the survivor under section 26 of the new Act is determined under section 26.‍1 of that Act, subject to subsections (2) and (3); and

(c) subsection 26.‍1(2) of the new Act does not apply.

Amount determined in accordance with paragraph 26.‍1(1)‍(a)

(2) The monthly amount of the income replacement benefit that is payable under section 26 of the new Act and that is determined under paragraph 26.‍1(1)‍(a) of that Act is to be determined by the formula

A x B

where

A

is 70%; and

B

is 70% of the income replacement benefit that the veteran would have been entitled to for the month of March 2019 if the benefit had been payable to the veteran for that month, if the veteran had attained the age of 65 years in that month and if any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) had not been taken into account.

Protected amount

(3) If the amount of the income replacement benefit that is payable to a survivor under section 26 of the new Act for a given month and that is determined under section 26.‍1 of that Act — not taking into account any reduction under subsection 26.‍1(3) of that Act — is less than the amount determined for A in subsection 40.‍3(4) of the former Act that was used to calculate the retirement income security benefit that was payable to the survivor under section 40.‍3 of that Act for the month of March 2019, then the former amount is to be replaced by the latter amount.

Indexation

(4) For the purposes of subsection (3), the amount of the income replacement benefit referred to in that subsection and the amount determined for A referred to in that subsection are to be indexed until the time the income replacement benefit is payable.

Survivors’ deemed entitlement to income replacement benefit (section 40.‍4 of former Act)

119 (1) A survivor to whom a retirement income security benefit was payable on March 31,2019 under section 40.‍4 of the former Act is deemed, on April 1,2019, to be entitled to an income replacement benefit under section 22 of the new Act and the following rules apply in respect of the survivor:

(a) despite subsection 22(2) of the new Act, the income replacement benefit begins to be payable to the survivor on April 1,2019;

(b) the monthly amount of the income replacement benefit that is payable to the survivor under section 22 of the new Act is determined under section 23 of that Act, subject to subsection (2); and

(c) subsection 23(2) of the new Act does not apply.

Protected amount

(2) If the amount of the income replacement benefit that is payable to a survivor under section 22 of the new Act for a month referred to in paragraph 23(1)‍(b) of that Act and that is determined under section 23 of that Act — not taking into account any reduction under subsection 23(3) of that Act — is less than the amount that is one half of the amount determined for A in subsection 40.‍4(4) of the former Act that was used to calculate the retirement income security benefit that was payable to the survivor under section 40.‍4 of that Act for the month of March 2019, then the former amount is to be replaced by the latter amount.

Indexation

(3) For the purposes of subsection (2), the amount, referred to in that subsection, that is one half of the amount determined for A is to be indexed until the time the income replacement benefit is payable.

Pending applications — subsection 40.‍3(1) of former Act

120 (1) Subject to subsection (3), if, before April 1,2019, a survivor made an application for a retirement income security benefit under subsection 40.‍3(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31,2020, it is deemed to have been made on that date.

Approved applications — payment of benefit

(2) If the Minister approves the application, the Minister shall pay to the survivor, under section 40.‍3 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.‍3(2) of that Act and ending on March 31,2019.

Veteran died in March 2019

(3) If the veteran in respect of whom a survivor made an application referred to in subsection (1) died in the month of March 2019, the survivor is deemed not to have made that application.

Pending applications — subsection 40.‍4(1) of former Act

121 (1) If, before April 1,2019, a survivor made an application for a retirement income security benefit under subsection 40.‍4(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister shall make the determination in respect of the application under that subsection. If the determination is made after March 31,2020, it is deemed to have been made on that date.

Approved applications — payment of benefit

(2) If the Minister approves the application, the Minister shall pay to the survivor, under section 40.‍4 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.‍4(2) of that Act and ending on March 31,2019.

Review

122 If, before April 1,2019, the Minister made a determination to deny an application for a retirement income security benefit made by a survivor under subsection 40.‍3(1) of the former Act but, as a result of a review of the determination under section 83, the Minister makes a final determination, on or after April 1,2019, to approve the application for the benefit, then,

(a) if the final determination is made after March 31,2020, it is deemed to have been made on that date; and

(b) the Minister shall pay to the survivor, under section 40.‍3 of the former Act, the retirement income security benefit that they are entitled to, but only for the period beginning on the day on which the benefit begins to be payable under subsection 40.‍3(2) of that Act and ending on March 31,2019.

No application — subsection 40.‍3(1) of former Act

123 If a veteran who died before April 1,2019 was eligible, or would have been eligible had the veteran applied, for a retirement income security benefit under section 40.‍1 or 40.‍2 of the former Act at the time of their death and the veteran’s survivor did not make an application for a retirement income security benefit under subsection 40.‍3(1) of the former Act before April 1,2019, the following rules apply to the survivor:

(a) if the veteran died before March 1,2019, the survivor is deemed to have made an application for a retirement income support benefit under subsection 40.‍3(1) of the former Act on March 31,2019; and

(b) if the veteran died in the month of March 2019,

(i) the survivor is deemed to have made an application for an income replacement benefit under subsection 26(1) of the new Act on April 1,2019,

(ii) for the purpose of that application, the veteran is deemed to have been entitled to the income replacement benefit at the time of their death, and

(iii) if the Minister approves the application, then

(A) the day referred to in paragraph 26(2)‍(a) of the new Act is April 1,2019,

(B) the monthly amount of the income replacement benefit that is payable to the survivor under section 26 of the new Act is determined under section 26.‍1 of that Act, subject to subsection 118(2), and

(C) subsection 26.‍1(2) of the new Act does not apply.

Supplementary Retirement Benefit

Amount paid — veterans

124 (1) The Minister shall pay the amount determined in accordance with subsection (2) to

(a) a veteran who was at any time entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act but who, on March 31,2019, was no longer entitled to that benefit, if that veteran has not received the supplementary retirement benefit to which they are entitled under subsection 25(1) of that Act before April 1,2019; or

(b) a veteran who, on March 31,2019, was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act.

Calculation of amount

(2) The amount payable to the veteran under subsection (1) is an amount equal to 2% of the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until March 31,2019, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account.

Reduction

(3) The amount payable to the veteran is to be reduced by any amount of the supplementary retirement benefit that the veteran received before April 1,2019.

Amount paid — survivors under subsection 25(2) of former Act

125 (1) The Minister shall pay the amount determined in accordance with subsection (2) to a survivor who

(a) is the survivor of a veteran who, at the time of their death, was entitled to continue to receive the earnings loss benefit under subsection 18(4) of the former Act;

(b) was not eligible to receive an earnings loss benefit under section 22 of the former Act on March 31,2019; and

(c) has not received a supplementary retirement benefit under subsection 25(2) of the former Act before April 1,2019.

Calculation of amount

(2) The amount payable to the survivor under subsection (1) is an amount equal to 2% of the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until their death, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account.

Amount paid — survivors under subsection 25(3) of former Act

126 (1) The Minister shall pay the amount determined in accordance with subsection (2) to

(a) a survivor who was at any time entitled to the earnings loss benefit under section 22 of the former Act but who, on March 31,2019, was no longer entitled to that benefit, if that survivor has not received a supplementary retirement benefit under subsection 25(3) of that Act before April 1,2019; or

(b) a survivor who, on March 31,2019, was entitled to the earnings loss benefit under section 22 of the former Act.

Calculation of amount

(2) The amount payable to the survivor under subsection (1) is an amount equal to,

(a) in the case of a member’s survivor, 2% of the total amount of the earnings loss benefit that would have been payable to the survivor under section 22 of the former Act until March 31,2019, had any amounts that were payable to the survivor from prescribed sources referred to in subsection 23(3) of that Act not been taken into account; or

(b) in the case of a veteran’s survivor, 2% of the sum of the following amounts:

(i) the total amount of the earnings loss benefit that would have been payable to the veteran under section 18 of the former Act until their death, had any amounts that were payable to the veteran from prescribed sources referred to in subsection 19(1) of that Act not been taken into account, and

(ii) the total amount of the earnings loss benefit that would have been payable to the survivor under subsection 22 of the former Act until March 31,2019, had any amounts that were payable to the survivor from prescribed sources referred to in subsection 23(3) of that Act not been taken into account.

Lump sum

127 An amount that is to be paid under any of sections 124 to 126 is to be paid as a lump sum.

Power to require information or document

128 The Minister may, for the purposes of establishing a person’s entitlement to an amount under any of sections 124 to 126, require that person to provide the Minister with any information or document specified by the Minister.

Deeming

129 An amount paid or payable under any of sections 124 to 126 is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

Transitional Provisions Relating to Pain and Suffering Compensation

Definition of former Act

130 In sections 131 and 132,former Act means this Act as it read immediately before April 1,2019.

Member or veteran who made election

131 (1) Section 52.‍1 of the former Act applies to a member or a veteran who, before April 1,2019, made the election referred to in paragraph 52.‍1(1)‍(b) or (c) of that Act and who, on March 31,2019, was still entitled to receive payments in accordance with that section 52.‍1.

Member or veteran entitled to make election

(2) If a member or a veteran to whom a disability award is to be paid under section 45,47 or 48 of the former Act has not, before April 1,2019, made the election referred to in subsection 52.‍1(1) of that Act and the prescribed time for making that election has not expired before that date, then the member or veteran may make the election under that subsection. If the member or veteran makes the election referred to in paragraph 52.‍1(1)‍(b) or (c) of that Act, section 52.‍1 of that Act applies to the member or veteran.

Payment

(3) The Minister may pay to the member or veteran the disability award for which the member or veteran made the election.

Non-application of section 90

(4) Section 90 does not apply in respect of the disability award paid under subsection (3) to a member or a veteran who made the election referred to in paragraph 52.‍1(1)‍(b) or (c) of the former Act.

Regulations

(5) The Governor in Council may make regulations

(a) respecting the determination of an amount of interest for the purposes of the description of C in paragraph 52.‍1(1)‍(b) of the former Act;

(b) respecting the determination of lump sums for the purpose of subsections 52.‍1(5) and (6) of that Act; and

(c) prescribing any matter required or authorized by section 52.‍1 of that Act to be prescribed.

Monthly amount paid

132 (1) For every month that is included in the period beginning with the month of April 2019 and ending with the month in which the member or veteran dies, the Minister shall pay to a member or a veteran who was paid a disability award, and who is alive on April 1,2019, the amount determined by the formula

A – [(B – C)/D]

where

A

is the amount set out in column 3 of Schedule 3 to this Act, as it read on April 1,2019, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, for which the disability award was paid;

B

is an amount equal to the sum of the following amounts:

(a) the amount of the disability award that was payable to the member or veteran under subsection 52(1) of the former Act or, in the case of a member or a veteran who made the election referred to in paragraph 52.‍1(1)‍(b) or (c) of the former Act, the amount of the disability award that would have been payable to the member or veteran if the member or veteran had made the election referred to in paragraph 52.‍1(1)‍(a) of the former Act, and

(b) the amount paid to the member or veteran under section 100 of the Budget Implementation Act, 2016, No. 1 in respect of the disability award;

C

is an amount equal to the product obtained by multiplying the amount determined in accordance with paragraph (a) by the number determined in accordance with paragraph (b):

(a) the amount set out in column 3 of Schedule 3 to this Act, as it read on April 1,2019, that corresponds to the member’s or veteran’s extent of disability, as set out in column 2 of that Schedule, for which the disability award was paid,

(b) the number of months included in the period beginning with the month in which the disability award was paid and ending with the month of March 2019;

D

is a number determined in accordance with the regulations.

Regulations

(2) The Governor in Council may make regulations respecting the determination of the number referred to in the description of D in subsection (1).

Periodic adjustment

(3) The amount determined in accordance with subsection (1) is to be periodically adjusted in the same manner as the amounts set out in column 3 of Schedule 3.

Member or veteran in receipt of annual payments

(4) The following rules apply to a member or a veteran to whom an amount is to be paid under subsection (1) in respect of a disability award:

(a) a member or a veteran who made an election referred to in paragraph 52.‍1(1)‍(b) or (c) of the former Act before April 1,2019 in respect of the disability award and who, on March 31,2019, was still entitled to receive payments in accordance with section 52.‍1 of the former Act is deemed to have made an election under subsection 52.‍1(5) of the former Act on April 1,2019; and

(b) a member or a veteran referred to in subsection 131(2) is, despite that subsection, deemed to have made the election referred to in paragraph 52.‍1(1)‍(a) of the former Act.

Power to require information or document

(5) The Minister may require a member or a veteran to whom an amount is to be paid under subsection (1) to provide information or documents to the Minister.

Amount deemed to be compensation

(6) An amount paid or payable under subsection (1) is deemed to be compensation for the purposes of sections 88 to 90 and subsection 93(1).

Application of subsection 88(4)

(7) Subsection 88(4) applies to an amount paid under subsection (1).

Transitional Provisions Relating to Additional Pain and Suffering Compensation

Definitions

133 (1) The following definitions apply in this section.

former Act means this Act as it read immediately before April 1,2019. (ancienne loi)

new Act means this Act as it reads on April 1,2019. (nouvelle loi)

Deemed entitlement to additional pain and suffering compensation

(2) If a career impact allowance was payable to a veteran on March 31,2019 under section 38 of the former Act, then the veteran is deemed, on April 1,2019, to be entitled to additional pain and suffering compensation under section 56.‍6 of the new Act and the following rules apply in respect of the veteran:

(a) the physical or mental health problems in respect of which the career impact allowance was payable to the veteran are deemed to be the disabilities in respect of which the veteran is deemed to be entitled to additional pain and suffering compensation;

(b) the monthly amount of additional pain and suffering compensation that is payable to the veteran under section 56.‍6 of the new Act is determined under subsection 56.‍6(5) of that Act, subject to subsections (3) and (4); and

(c) despite subsection 56.‍6(6) of the new Act, additional pain and suffering compensation begins to be payable to the veteran on April 1,2019.

Extent of veteran’s permanent and severe impairment

(3) The extent of the veteran’s permanent and severe impairment that is used to determine the amount of additional pain and suffering compensation that is payable to the veteran for the month of April 2019 is assessed in accordance with the following rules:

(a) a veteran to whom the maximum amount of career impact allowance was payable under section 38 of the former Act on March 31,2019 — without taking into account the amount of any increase to the career impact allowance referred to in subsection 38(3) of that Act — is assessed as having a Grade 1 extent of permanent and severe impairment as set out in Schedule 4 to the new Act;

(b) a veteran to whom the minimum amount of career impact allowance was payable under section 38 of the former Act on March 31,2019 — without taking into account the amount of any increase to the career impact allowance referred to in subsection 38(3) of that Act — is assessed as having a Grade 3 extent of permanent and severe impairment as set out in Schedule 4 to the new Act; and

(c) a veteran who is not referred to in paragraph (a) or (b) is assessed as having a Grade 2 extent of permanent and severe impairment as set out in Schedule 4 to the new Act.

Protected amount

(4) For every month after the month of April 2019 for which the veteran is entitled, as a result of subsection (2), to additional pain and suffering compensation under section 56.‍6 of the new Act, the amount of additional pain and suffering compensation that is payable to the veteran under that section is not to be less than the amount of additional pain and suffering compensation that is payable for the month of April 2019.

158 Schedule 2 to the Act is amended by replacing the references after the heading “SCHEDULE 2” with the following:

(Section 44.‍2, subsection 58(1), sections 61 and 65.‍2, paragraph 94(c), subsection 110(4) and paragraph 111(2)‍(b))

159 Items 1 to 2.‍1 of Schedule 2 to the Act are repealed.

160 Schedule 3 to the Act is replaced by the Schedule 3 set out in Schedule 2 to this Act.

161 The Act is amended by adding, after Schedule 3, the Schedule 4 set out in Schedule 3 to this Act.

Transitional Provisions

Definitions

Definitions

162 The following definitions apply in sections 163 to 177.

common-law partner has the same meaning as in subsection 2(1) of the Veterans Well-being Act. (conjoint de fait)

dependent child has the same meaning as in subsection 2(1) of the Veterans Well-being Act.‍ (enfant à charge)

former Act means the Veterans Well-being Act as it read immediately before April 1,2019. (ancienne loi)

member has the same meaning as in subsection 2(1) of the Veterans Well-being Act. (militaire)

Minister means the Minister of Veterans Affairs. (ministre)

new Act means the Veterans Well-being Act as it reads on April 1,2019. (nouvelle loi)

survivor has the same meaning as in subsection 2(1) of the Veterans Well-being Act. (survivant)

veteran has the same meaning as in subsection 2(1) of the Veterans Well-being Act.‍ (vétéran)

Rehabilitation Services and Vocational Assistance

Veterans — determination before April 1,2019

163 If, before April 1,2019, the Minister made a determination in respect of an application for rehabilitation services or vocational assistance made by a veteran under section 9 of the former Act, then section 10 of the former Act applies to the veteran in respect of the application.

Veterans — applications pending April 1,2019

164 If, before April 1,2019, a veteran made an application for rehabilitation services or vocational assistance under section 9 of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister must make the determination in respect of the application under that section. Section 10 of the former Act applies to the veteran in respect of the application.

Spouses and common-law partners — April 1,2019

165 Section 11 of the former Act applies to a veteran’s spouse or common-law partner if the Minister, before April 1,2019,

(a) approved an application for rehabilitation services made by the veteran under section 9 of the former Act; and

(b) determined, based on an assessment of the veteran’s needs, that the veteran would not benefit from vocational rehabilitation as a result of their having a diminished earning capacity that is due to the physical or mental health problem in respect of which the rehabilitation services were approved.

Members — determination before April 1,2019

166 If, before April 1,2019, the Minister made a determination in respect of an application for rehabilitation services or vocational assistance made by a member under section 9 of the former Act and the member was not released from the Canadian Forces before March 31,2019, then the determination is deemed not to have been made and the member is deemed to have made an application under section 9 of the new Act on April 1,2019.

Veterans — determination on or after April 1,2019 but before April 1,2024

167 If, on or after April 1,2019 but before April 1,2024, the Minister made a determination in respect of an application for services related to medical rehabilitation or psycho-social rehabilitation made by a veteran under section 9 of the new Act, then section 10 of the new Act applies to the veteran in respect of the application.

Veterans — applications pending April 1,2024

168 If, on or after April 1,2019 but before April 1,2024, a veteran made an application for services related to medical rehabilitation or psycho-social rehabilitation under section 9 of the new Act but the Minister did not make a determination in respect of the application before April 1,2024, then the Minister must make the determination in respect of the application under that section. Section 10 of the new Act applies to the veteran in respect of the application.

Members — determination made on or after April 1,2019 but before April 1,2024

169 If, on or after April 1,2019 but before April 1,2024, the Minister made a determination in respect of an application for services related to medical rehabilitation or psycho-social rehabilitation made by a member under section 9 of the new Act and the member was not released from the Canadian Forces before March 31,2024, then the determination is deemed not to have been made.

Limitation — veterans

170 A veteran who is receiving vocational assistance under Part 2 of the Veterans Well-being Act is not eligible for career transition services or an education and training benefit under that Act.

Canadian Forces Income Support Benefit

Pending applications

171 If, before April 1,2019, a veteran made an application for a Canadian Forces income support benefit under section 27 of the former Act but the Minister did not make a determination in respect of the application before that date, then the Minister must make the determination in respect of the application under that section.

Applications made on or after April 1,2019

172 If, on or after April 1,2019, a veteran makes an application for a Canadian Forces income support benefit under section 27 of the new Act and, before the day on which the application is made, the veteran has not received an income replacement benefit under section 18 of that Act, then the Minister must make the determination in respect of the application under that section 27 but any reference to the income replacement benefit in that section is to be read as a reference to the earnings loss benefit.

Pain and Suffering Compensation

Adjustment of Schedule 3

173 On April 1,2019, the amounts set out in column 4 of Schedule 3 to the new Act are deemed to have been adjusted on January 1,2019 in the same manner as the amounts set out in column 3 of Schedule 3 to the former Act were adjusted on January 1,2019.

Pending applications — member or veteran

174 (1) If, before April 1,2019, a member or a veteran made an application for a disability award under section 45,47 or 48 of the former Act but the Minister did not make a determination in respect of the application before that date, then the member or veteran is deemed to have made an application for pain and suffering compensation under section 45,47 or 48 of the new Act, as the case may be, on April 1,2019.

No determination

(2) For the purposes of subsection (1), the Minister did not make a determination in respect of an application if the Minister did not assess the member’s or veteran’s extent of disability in respect of the application.

Pending applications — survivor or dependent child

175 (1) If, before April 1,2019, a survivor or a person who was, at the time of a member’s or a veteran’s death, a dependent child made an application for a disability award under subsection 50(1) of the former Act but the Minister did not make a determination in respect of the application before that date, then the survivor or person is deemed to have made an application for pain and suffering compensation under section 56 of the new Act on April 1,2019.

No determination

(2) For the purposes of subsection (1), the Minister did not make a determination in respect of an application if the Minister did not assess the member’s or veteran’s extent of disability in respect of the application.

Deceased member or veteran

176 If a member or a veteran who made an application for a disability award under section 45,47 or 48 of the former Act dies before the Minister makes a determination in respect of the application and, on March 31,2019, the Minister has not made a determination to pay, under subsection 50(2) of the former Act, the disability award to a survivor or a person who was, at the time of the member’s or veteran’s death, a dependent child, the Minister may pay pain and suffering compensation to the survivor or person under subsection 55(1) of the new Act as if the member or veteran had made an application for pain and suffering compensation under section 45,47 or 48 of the new Act, as the case may be, on April 1,2019.

Review, appeal and reconsideration — disability award

177 Any review, appeal or reconsideration that is continued on or commenced on or after April 1,2019, in relation to a determination made before that date in respect of an application for a disability award made under the former Act is to be conducted as if the determination was a determination in respect of an application for pain and suffering compensation made on that date under the new Act.

Consequential Amendments

R.‍S.‍, c. C-28; 1990, c. 43, s. 43

Children of Deceased Veterans Education Assistance Act

178 Subparagraphs (f)‍(ii) and (iii) of the definition student in section 2 of the Children of Deceased Veterans Education Assistance Act are replaced by the following:

(ii) a disability award or pain and suffering compensation has been granted under that Act in respect of the member or veteran, and

(iii) the member’s or veteran’s extent of disability, in respect of the aggregate of all of the member’s or veteran’s disability assessments under that Act and, if applicable, the Pension Act, is equal to or greater than the lowest extent of disability set out in column 2 of Schedule 3 to the Veterans Well-being Act in respect of a rate of 50%. (étudiant)

R.‍S.‍, c. V-1; 2000, c. 34, par. 95(a)‍(F)

Department of Veterans Affairs Act

179 Subparagraph 5(g.‍1)‍(i.‍1) of the Department of Veterans Affairs Act is replaced by the following:

(i.‍1) the person died of an injury or a disease for which a disability award, pain and suffering compensation or a death benefit was payable under the Veterans Well-being Act,

1995, c. 18

Veterans Review and Appeal Board Act

180 Subsection 19(2) of the Veterans Review and Appeal Board Act is replaced by the following:

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 critical injury benefit, 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, 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.

181 (1) Subsection 34(1) of the Act is replaced by the following:

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.

(2) Subsection 34(3) of the Act is replaced by the following:

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.

2014, c. 20

 

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