Veterans Well-being Act

An Act to provide services, assistance and compensation to or in respect of Canadian Forces members and veterans and to make amendments to certain Acts

Canada (Federal)· C-16.8· 989 sections· current to 2024-04-01In force

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Policy areas

Defence & Veterans Education & Skills Justice & the Law

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Sections1,055

1Short title
This Act may be cited as the Veterans Well-being Act.
2Definitions
2(1)
The following definitions apply in this Act.
2(1)[p3]
aggravated by service, in respect of an injury or a disease, means an injury or a disease that has been aggravated, if the aggravation
2(1)[p3](a)
was attributable to or was incurred during special duty service; or
2(1)[p3](b)
arose out of or was directly connected with service in the Canadian Forces. (due au service)
2(1)[p6]
Board means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act. (Tribunal)
2(1)[p7]
Canadian Forces means the armed forces referred to in section 14 of the National Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland. (Forces canadiennes)
2(1)[p8]
common-law partner, in relation to a member or a veteran, means a person who is cohabiting with the member or veteran in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)
2(1)[p9]
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)
2(1)[p10]
dependent child, in relation to a member or a veteran, means their child, or a child of their spouse or common-law partner who is ordinarily residing in the member’s or veteran’s household, who is
2(1)[p10](a)
under the age of 18 years;
2(1)[p10](b)
under the age of 25 years and following a course of instruction approved by the Minister; or
2(1)[p10](c)
over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred
2(1)[p10](c)(i)
before the child attained the age of 18 years, or
2(1)[p10](c)(ii)
after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister. (enfant à charge)
2(1)[p16]
disability means the loss or lessening of the power to will and to do any normal mental or physical act. (invalidité)
2(1)[p17]
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)
2(1)[p18]
medical assistance in dying has the same meaning as in section 241.1 of the Criminal Code. (aide médicale à mourir)
2(1)[p19]
medical rehabilitation includes any physical or psychological treatment whose object is to stabilize and restore the basic physical and psychological functions of a person. (réadaptation médicale)
2(1)[p20]
member means an officer or a non-commissioned member of the Canadian Forces, as those terms are defined in subsection 2(1) of the National Defence Act. (militaire)
2(1)[p21]
Minister means the Minister of Veterans Affairs. (ministre)
2(1)[p22]
orphan, in relation to a deceased member or a deceased veteran, means their child, or a child of their survivor who at the time of the member’s or veteran’s death was ordinarily residing in the member’s or veteran’s household, who is
2(1)[p22](a)
under the age of 18 years;
2(1)[p22](b)
under the age of 25 years and following a course of instruction approved by the Minister; or
2(1)[p22](c)
over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred
2(1)[p22](c)(i)
before the child attained the age of 18 years, or
2(1)[p22](c)(ii)
after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister. (orphelin)
2(1)[p28]
personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)
2(1)[p29]
prescribed means prescribed by regulation.
2(1)[p30]
psycho-social rehabilitation includes any psychological or social intervention whose object is to restore a person to a state of independent functioning and to facilitate their social adjustment. (réadaptation psychosociale)
2(1)[p31]
rehabilitation services means all services related to the medical rehabilitation, psycho-social rehabilitation or vocational rehabilitation of a person. (services de réadaptation)
2(1)[p32]
service-related injury or disease means an injury or a disease that
2(1)[p32](a)
was attributable to or was incurred during special duty service; or
2(1)[p32](b)
arose out of or was directly connected with service in the Canadian Forces. (liée au service)
2(1)[p35]
special duty service means service as a member in a special duty area designated under section 69, or as a member as part of a special duty operation designated under section 70, during the period in which the designation is in effect. It includes any of the following that occurred during that period but not earlier than September 11, 2001:
2(1)[p35](a)
periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place;
2(1)[p35](b)
travel to and from the area, the operation or the location of training referred to in paragraph (a); and
2(1)[p35](c)
authorized leave of absence with pay during that service, wherever that leave is taken. (service spécial)
2(1)[p39]
survivor, in relation to a deceased member or a deceased veteran, means
2(1)[p39](a)
their spouse who was, at the time of the member’s or veteran’s death, residing with the member or veteran; or
2(1)[p39](b)
the person who was, at the time of the member’s or veteran’s death, the member’s or veteran’s common-law partner. (survivant)
2(1)[p42]
veteran means a former member. (vétéran)
2(1)[p43]
vocational assistance includes employability assessments, career counselling, training, job-search assistance and job-finding assistance, whose object is to help a person to find appropriate employment. (assistance professionnelle)
2(1)[p44]
vocational rehabilitation includes any process designed to identify and achieve an appropriate occupational goal for a person with a physical or a mental health problem, given their state of health and the extent of their education, skills and experience. (réadaptation professionnelle)
2(2)Couples who are living apart
For the purposes of this Act, a spouse is deemed to be residing with a member or a veteran, and a person does not cease to be a member’s or a veteran’s common-law partner, if it is established that they are living apart by reason only of
2(2)(a)
one or both of them having to reside in a health care facility;
2(2)(b)
circumstances of a temporary nature; or
2(2)(c)
other circumstances not within the control of the member or veteran or the spouse or common-law partner.
2(3)References to spouses
A reference in this Act to a member’s or a veteran’s spouse is a reference to a member’s or a veteran’s spouse who is residing with the member or veteran.
2(4)Recent marriage
This Act does not apply to a member’s or a veteran’s surviving spouse if the member or veteran dies within one year after the date of the marriage, unless
2(4)(a)
in the opinion of the Minister, the member or veteran was at the time of that marriage in such a condition of health as to justify their having an expectation of life of at least one year; or
2(4)(b)
at the time of the member’s or veteran’s death, the spouse was cohabiting with the member or veteran in a conjugal relationship, having so cohabited for a period of at least one year.
2(5)Conduct of member or veteran
This Act does not apply in respect of a member’s or a veteran’s physical or mental health problem, disability or death if it is caused by a wilful self-inflicted injury or improper conduct on the member’s or veteran’s part, including wilful disobedience of an order and vicious or criminal conduct.
2(6)Interpretation — medical assistance in dying
For the purposes of this Act, a member or veteran has neither inflicted wilful self-injury nor engaged in improper conduct by reason only that they receive medical assistance in dying, if the requirement set out in paragraph 241.2(3)(a) of the Criminal Code has been met.
2(7)Deeming — medical assistance in dying
For the purposes of this Act, if a member or a veteran receives medical assistance in dying, that member or veteran is deemed to have died as a result of the illness, disease or disability for which they were determined to be eligible to receive that assistance, in accordance with paragraph 241.2(3)(a) of the Criminal Code.
2.1Purpose
The purpose of this Act is to recognize and fulfil the obligation of the people and Government of Canada to show just and due appreciation to members and veterans for their service to Canada. This obligation includes providing services, assistance and compensation to members and veterans who have been injured or have died as a result of military service and extends to their spouses or common-law partners or survivors and orphans. This Act shall be liberally interpreted so that the recognized obligation may be fulfilled.
3Eligibility
3(1)
Subject to this section, the Minister may, on application, provide career transition services to
3(1)(a)
a member who has completed basic training;
3(1)(b)
a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;
3(1)(c)
a veteran who is entitled to a Canadian Forces income support benefit;
3(1)(d)
a spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;
3(1)(e)
a survivor of a member who completed basic training and who died on or after April 1, 2006;
3(1)(f)
a survivor of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006; and
3(1)(g)
a survivor who is entitled to a Canadian Forces income support benefit.
3(2)Limitation — member
Career transition services may be provided to a member only if the member resides in Canada and the Minister is satisfied that they require assistance in making the transition to the civilian labour force.
3(3)Limitation — veteran
Career transition services may be provided to a veteran only if
3(3)(a)
the veteran resides in Canada;
3(3)(b)
the Minister is satisfied that the veteran requires assistance in making the transition to the civilian labour force; and
3(3)(c)
the veteran is not receiving rehabilitation services under Part 2.
3(4)Limitation — spouse, common-law partner or survivor
Career transition services may be provided to a spouse, common-law partner or survivor only if they reside in Canada and are not receiving rehabilitation services or vocational assistance under Part 2.
3(5)Period — spouse or common-law partner of veteran
A spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006 may receive career transition services until the later of
3(5)(a)
March 31, 2020, and
3(5)(b)
the second anniversary of the day on which the veteran was released.
4Assessment of needs
4(1)
The Minister shall, on approving an application made under section 3, assess the needs of the member, veteran, spouse, common-law partner or survivor with respect to the career transition services that may be provided to them under this Part.
4(2)Career transition plan
The Minister may develop and implement a career transition plan to address the needs that are identified in the assessment.
4(3)Development of plan
In developing a career transition plan, the Minister shall have regard to any prescribed principles.
5Suspend or cancel
The Minister may, in the prescribed circumstances, suspend or cancel the provision of career transition services to a person under this Part.
5.1Regulations
The Governor in Council may make regulations
5.1(a)
respecting the career transition services that may be provided under this Part; and
5.1(b)
defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of subsections 3(2) to (4).
5.11Definitions
The following definitions apply in this Part.
5.11[p84]
regular force has the same meaning as in subsection 2(1) of the National Defence Act. (force régulière)
5.11[p85]
reserve force has the same meaning as in subsection 2(1) of the National Defence Act. (force de réserve)
5.11[p86]
Supplementary Reserve has the meaning assigned by article 2.034 of the Queen’s Regulations and Orders for the Canadian Forces. (Réserve supplémentaire)
5.11[p87]
veteran means a former member or a member of the Supplementary Reserve. (vétéran)
5.2Eligibility — veterans
5.2(1)
The Minister may, on application, pay an education and training benefit to a veteran in accordance with section 5.3 or 5.5 if the veteran
5.2(1)(a)
served for a total of at least six years in the regular force, in the reserve force or in both; and
5.2(1)(b)
was honourably released from the Canadian Forces on or after April 1, 2006 or was transferred from the regular force or another subcomponent of the reserve force to the Supplementary Reserve on or after that date.
5.2(2)Maximum cumulative amount
The maximum cumulative amount that the Minister may pay to a veteran is $40,000 or, if the veteran served for a total of at least 12 years in the regular force, in the reserve force or in both, $80,000.
5.2(3)Repealed
[Repealed, 2019, c. 29, s. 319]
5.3Course of study at educational institution
5.3(1)
An education and training benefit may be paid to a veteran entitled to a benefit under this Part in respect of
5.3(1)(a)
education or training received from an educational institution as part of a course of study leading to the completion of a degree, diploma, certification or designation; and
5.3(1)(b)
any expenses, including living expenses, that may be incurred by the veteran while enrolled at the institution.
5.3(2)Request for payment
A veteran requesting payment in respect of education or training described in paragraph (1)(a) shall provide the Minister with proof of acceptance, enrolment or registration at the institution for an upcoming period of study and with any prescribed information.
5.3(3)Additional information
The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (4).
5.3(4)Minister’s determination
On being provided with the proof and information, the Minister shall, if he or she is satisfied that the requested payment may be made to the veteran, determine
5.3(4)(a)
the amount of the payment;
5.3(4)(b)
the period of study to which that amount is allocated; and
5.3(4)(c)
the day on which the payment is to be made.
5.3(5)Payment day
The day on which the payment is to be made must be no earlier than the 60th day before
5.3(5)(a)
the day on which fees for the education or training are due to be paid to the institution in respect of the period of study; or
5.3(5)(b)
the day on which the period of study begins, if the institution fixes no day on which the fees are due.
5.4Education and training completion bonus
On application, the Minister may pay, over and above an education and training benefit, an education and training completion bonus in the prescribed amount to a veteran who receives a degree, diploma, certification or designation in respect of which they received a payment of an education and training benefit under section 5.3.
5.5Other education or training
5.5(1)
An education and training benefit may be paid to a veteran entitled to a benefit under this Part for fees charged by the provider of any education or training, other than education or training described in paragraph 5.3(1)(a), that is approved by the Minister.
5.5(2)Maximum cumulative amount
The maximum cumulative amount that may be paid to a veteran for such fees is the prescribed amount.
5.5(3)Request for payment
A veteran requesting payment for such fees shall provide the Minister with a description of the education or training, the amount of the fees, the name of the provider and any prescribed information.
5.5(4)Additional information
The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (5).
5.5(5)Minister’s determination
On being provided with the information referred to in subsections (3) and (4), the Minister may approve the education or training and shall, if he or she gives the approval and is satisfied that the requested payment may be made to the veteran, determine
5.5(5)(a)
the amount of the payment; and
5.5(5)(b)
the day on which the payment is to be made.
5.5(6)Payment day
The day on which the payment is to be made must be no earlier than the 60th day before
5.5(6)(a)
the day on which fees for the education or training are due to be paid to the provider; or
5.5(6)(b)
the day on which the education or training begins, if the provider fixes no day on which the fees are due.
5.6No payment to member
For greater certainty, the Minister is not permitted to pay an education and training benefit to a person who is a member unless that person is a member of the Supplementary Reserve.
5.7No payment — other services or benefit
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.
5.8Limitation — incarceration
If a veteran is incarcerated in a correctional institution and is not responsible for paying their living expenses, the Minister may limit the amount of an education and training benefit payable to the veteran to the amount that is, in the Minister’s opinion, required to allow the veteran to participate in the education or training.
5.9Duration of benefit
5.9(1)
An education and training benefit ceases to be payable to a veteran on the day after the 10th anniversary of the later of
5.9(1)(a)
the day on which the veteran was last honourably released from the regular force or from a subcomponent of the reserve force other than the Supplementary Reserve; and
5.9(1)(b)
the day on which the veteran was last transferred to the Supplementary Reserve.
5.9(1.1)Exception — minimum period
Despite subsection (1),
5.9(1.1)(a)
an education and training benefit is payable until at least April 1, 2028 to a veteran who is eligible for the benefit on April 1, 2018; and
5.9(1.1)(b)
an education and training benefit is payable until at least July 5, 2029 to a veteran who is a member of the Supplementary Reserve on July 5, 2019.
5.9(1.2)Exception — release from Supplementary Reserve
Despite subsection (1), an education and training benefit is payable until at least the 10th anniversary of the day on which a veteran was honourably released from the Supplementary Reserve if the veteran was honourably released from the Supplementary Reserve during the period beginning on April 1, 2018 and ending on July 4, 2019.
5.9(2)Education or training ending after cessation
A payment of an education and training benefit that is made before the day on which the benefit ceases to be payable may be made in respect of education or training that ends on or after that day.
5.9(3)Exception
Despite subsection (1), the Minister may, in the prescribed circumstances, pay an education and training benefit after it would otherwise cease to be payable.
5.91Limitation
The Minister is not permitted to pay an education and training benefit to a veteran after the day on which they receive the last of the payments totalling the maximum cumulative amount to which they are entitled on that day, despite any adjustment to the maximum cumulative amount that is made under the regulations after that day.
5.92Suspension or cancellation
The Minister may, in the prescribed circumstances, suspend the payment of an education and training benefit or cancel the benefit.
5.93Regulations
The Governor in Council may make regulations
5.93(a)
prescribing how the length of service in the reserve force is to be determined for the purposes of paragraph 5.2(1)(a);
5.93(b)
respecting what constitutes honourable release for the purpose of paragraph 5.2(1)(b);
5.93(c)
providing for the periodic adjustment of the maximum cumulative amount referred to in subsection 5.2(2);
5.93(d)
defining educational institution for the purposes of paragraph 5.3(1)(a);
5.93(e)
prescribing the education or training that may or may not be approved by the Minister under section 5.5; and
5.93(f)
defining what constitutes incarceration in a correctional institution for the purposes of section 5.8.
6Non-application of this Part
This Part does not apply in respect of a physical or a mental health problem that resulted primarily from
6(a)
service in the Canadian Forces on or before April 1, 1947; or
6(b)
service in the Korean War, as that term is defined in subsection 3(1) of the Pension Act.
7Consequential injury or disease
For the purposes of this Part, an injury or a disease is deemed to be a service-related injury or disease if the injury or disease is, in whole or in part, a consequence of
7(a)
a service-related injury or disease;
7(b)
a non-service related injury or disease that was aggravated by service;
7(c)
an injury or a disease that is itself the consequence of an injury or a disease described in paragraph (a) or (b); or
7(d)
an injury or a disease that is a consequence of an injury or a disease described in paragraph (c).
8Eligibility — rehabilitation need
8(1)
The Minister may, on application, provide rehabilitation services to a veteran 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.
8(2)Factors Minister may consider
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
8(2)(a)
medical reports or records that document the veteran’s physical or mental health problem;
8(2)(b)
documentation that indicates the nature of the veteran’s service in the Canadian Forces;
8(2)(c)
documentation provided by the veteran as to the circumstances of their health problem; and
8(2)(d)
research that establishes the prevalence of specific health problems in military populations.
8(3)Presumption
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.
9Repealed
[Repealed, 2018, c. 12, s. 128]
10Assessment of needs
9(1)
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.
9(2)Refusal to consider application
10(2)Rehabilitation plan
The Minister may develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.
9(3)Exception
10(3)Limitation
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.
10(4)Considerations
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.
10(1)(a)
10(5)Repealed
[Repealed, 2018, c. 12, s. 129]
10(1)(b)
11Eligibility — spouses and common-law partners
11(1)
The Minister may, on application, provide rehabilitation services and vocational assistance to a veteran’s spouse or common-law partner if the Minister
11(1)(a)
has approved an application for rehabilitation services made by the veteran under section 8; and
10(3)(a)
11(1)(b)
has determined, based on an assessment of the veteran under subsection 10(1), 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.
10(3)(b)
11(2)Continuation
If a veteran dies after an application made under subsection (1) has been approved, the survivor continues to be eligible to receive rehabilitation services and vocational assistance under that subsection.
12Eligibility — survivors
The Minister may, on application, provide rehabilitation services and vocational assistance to a member’s or a veteran’s survivor, if the member or veteran dies as a result of
12(a)
a service-related injury or disease; or
12(b)
a non-service-related injury or disease that was aggravated by service.
13Assessment of needs
13(1)
The Minister shall, on approving an application made under subsection 11(1) or section 12, assess the vocational assistance needs of the spouse, common-law partner or survivor and, if such needs are identified, shall assess the person’s medical, psycho-social and vocational rehabilitation needs.
13(2)Vocational assistance plan
The Minister may, for the purpose of restoring the earnings capacity of the spouse, common-law partner or survivor to a level that the Minister determines to be reasonable, given the person’s education, skills and experience, develop and implement a vocational assistance plan to address the vocational assistance needs that are identified in the assessment.
13(3)Rehabilitation plan
The Minister may, to the extent necessary to achieve the purpose set out in subsection (2), develop and implement a rehabilitation plan to address the rehabilitation needs that are identified in the assessment.
13(4)Development of plan
In developing a rehabilitation plan or a vocational assistance plan, the Minister shall
13(4)(a)
have regard to any prescribed principles and factors; and
13(4)(b)
be guided by current research in the fields of rehabilitation and vocational assistance.
14Duration of plan
14(1)
The duration of a rehabilitation plan or a vocational assistance plan shall be fixed by the Minister.
14(2)Evaluation of plan
The Minister may evaluate a rehabilitation plan or a vocational assistance plan at any time, and may modify the plan or change its duration.
15Examination or assessment
15(1)
The Minister may, when evaluating a rehabilitation plan, require the person for whom the plan has been developed to undergo a medical examination or an assessment by a person specified by the Minister.
15(2)Assessment
The Minister may, when evaluating a vocational assistance plan, require a person for whom the plan has been developed to undergo an assessment by a person specified by the Minister.
15(3)Non-compliance
If a person who is required to undergo a medical examination or an assessment fails without reasonable excuse to do so, the Minister may cancel the rehabilitation plan or the vocational assistance plan.
16Refusal to provide services or assistance
16(1)
The Minister may refuse to provide rehabilitation services or vocational assistance to a person to the extent they are available to the person as an insured service under a provincial health care system, a provincial or federal workers’ compensation plan or any other plan that may be prescribed.
16(2)Refusal to provide services or assistance
The Minister may refuse to provide rehabilitation services or vocational assistance, in whole or in part, to a person if those services or that assistance has already been provided or if the Minister considers that the refusal is reasonable in the circumstances.
17Cancellation
The Minister may cancel a rehabilitation plan or a vocational assistance plan in the prescribed circumstances.
18Eligibility
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.
18(2)Veteran’s participation
Subject to subsection (9), a veteran who is informed by the Minister of their entitlement to an income replacement benefit is required