Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)
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Assented to 2018-06-21
PART 4Canadian Forces Members and Veterans (continued)
2005, c. 21; 2017, c. 20, s. 270Veterans Well-being Act (continued)
132 (1) The portion of subsection 19(1) of the Act before the formula is replaced by the following:
Marginal note: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):
Marginal note: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:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Suspension or cancellation
21 The Minister may, in the prescribed circumstances, suspend the payment of an income replacement benefit that is payable under section 18 or cancel the benefit.
Survivors and Orphans
Marginal note: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.
Marginal note: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.
Marginal note: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:
Marginal note: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 × B
where
- A
- is 70%; and
- B
- is 90% of the member’s or veteran’s imputed income for a month.
Marginal note: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.
Marginal note: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):
Marginal note: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:
Marginal note: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.
Marginal note:Lump sum
(2) The benefit is to be paid as a lump sum.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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:
Marginal note: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).
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