Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)
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Assented to 2018-06-21
PART 3Amendments to the Excise Act, 2001 (Cannabis Taxation), the Excise Tax Act and Other Related Texts (continued)
Transitional Provision
118 (1) In this section, transitional period means the period beginning on the first day on which both this Act and the other Act have received royal assent and ending at the end of the day preceding commencement day.
(2) If, at any time during the transitional period, provisions of the Excise Act, 2001, as enacted or amended by this Part, rely on or incorporate provisions or concepts found in provisions of the other Act (other than subsection 204(1) of the other Act) that are not in force at that time, those provisions of the other Act are deemed, despite subsection 226(1) of the other Act, to be in force at that time but only for the purposes of applying the Excise Act, 2001.
R.S., c. F-8; 1995, c. 17, s. 45(1)Amendment to the Federal-Provincial Fiscal Arrangements Act
119 (1) The definition accord de coordination de la taxation du cannabis in subsection 2(1) of the French version of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:
- coordinated cannabis taxation agreement
accord de coordination de la taxation du cannabis Accord ou arrangement conclu par le ministre pour le compte du gouvernement du Canada en vertu de la partie III.2, y compris les modifications à l’accord ou à l’arrangement effectuées en vertu de cette partie. (coordinated cannabis taxation agreement)
(2) Subsection (1) is deemed to have come into force on December 14, 2017.
PART 4Canadian Forces Members and Veterans
R.S., c. P-6Pension Act
120 Subsection 35(1.2) of the Pension Act is replaced by the following:
Marginal note: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:
Marginal note: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:
Marginal note: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.
Marginal note: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).
Marginal note: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:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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. 270Veterans 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
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
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
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:
Marginal note: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:
Marginal note: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:
Marginal note: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:
Marginal note: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 Forces if 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:
Marginal note: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:
Marginal note: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:
Marginal note: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:
Marginal note: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
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Non-application — paragraph (7)(a)
(10) Paragraph (7)(a) does not apply to a veteran who has attained the age of 65 years.
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