ARCHIVED — Vol. 146, No. 41 — October 13, 2012

Regulations Amending the Veterans Health Care Regulations and the Canadian Forces Members and Veterans Re-establishment and Compensation Regulations

Statutory authorities

Department of Veterans Affairs Act and Canadian Forces Members and Veterans Re-establishment and Compensation Act

Sponsoring department

Department of Veterans Affairs

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Background

Veterans Affairs Canada (VAC) undertook a review of its operations and programs to ensure that they were as efficient as possible and effectively meeting the needs of veterans and their families.

In addition, the Minister of Veterans Affairs launched the Red Tape Reduction Initiative in February 2012, in response to an identified need by stakeholders to make VAC policies and programs less complicated and make access to VAC services easier.

Budget 2012 also announced that changes would be made to eliminate duplication and overlap between VAC and the Department of National Defence (DND) to better serve Canadian Forces (CF) members and veterans.

Issue

There are three issues that will be addressed through this regulatory proposal that together will help to make VAC program delivery more efficient, provide clarity in accessibility, and enhance accuracy in its regulations.

1. Duplication in the types of benefits and services for serving CF members

Canadian Forces members who have service-related disabilities are able to receive a VAC disability benefit while serving. A VAC disability benefit is given in recognition of the pain and suffering that a CF member or veteran incurs as a result of a service-related injury or illness.

Currently, serving CF members who receive a VAC disability benefit may also be eligible to receive the following VAC health care benefits under the Veterans Health Care Regulations (VHCR): treatment benefits, long term care, and veterans independence program (VIP) services.

In addition to VAC health care benefits, serving CF members have access to VAC’s career transition services (CTS) under the Canadian Forces Members and Veterans Re-establishment and Compensation Regulations (CFMVRCR).

However, under the Queen’s Regulations and Orders for the Canadian Forces, DND is responsible for the provision of health care to serving CF members and, under the National Defence Act, is mandated to care for CF personnel, including through the provision of services and supports to ensure a smooth transition back to civilian life, which includes the provision of CTS-type services. As for VAC, it has among its mandated responsibilities the care, treatment or re-establishment in civil life of any person who served in the Canadian Forces or merchant navy or in the naval, army or air forces or merchant navies.

Given the parallel between VAC’s and DND’s mandates, the VAC programs listed above have come to overlap and duplicate the types of benefits and services provided by DND to serving CF members. These duplicative types of services include health services under DND’s CF Spectrum of Care, VIP-like services under DND’s Mobility Assistance Program, and programs that assist serving CF members with the transition to civilian employment (e.g. Transition Assistance Program, Second Career Assistance Network, Skills Completion Program, CF Continuing Education Program, CF Military Equivalencies Program, and Military Civilian Training Accreditation Program). This duplication in the types of benefits and services is inefficient for the two departments and can create confusion for serving CF members on where to obtain services and benefits.

2. CTS delivery model for veterans or survivors

Veterans Affairs Canada currently delivers CTS to veterans, CF members or survivors through a single national contract provider. This delivery model provides less choice to the recipient than would a model where the recipient could choose the provider(s) and type(s) of career transition service that best suit their needs.

3. Housekeeping amendments

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has raised three technical issues regarding the VHCR and the CFMVRCR (e.g. French and English harmonization).

Objectives

The objectives of this regulatory proposal are as follows:

  1. Ensuring clear responsibility separation between VAC and DND. The proposed regulatory amendments would eliminate confusion for serving CF members about which department to approach for programs related to their disability, by eliminating duplication in the types of benefits and services offered to them;
  2. Ensuring CTS recipients receive services tailored to their needs by providing veterans, survivors, or survivors of CF members the ability to choose their service provider; and
  3. Ensuring consistency and enhancing accuracy in the VHCR and the CFMVRCR by responding to the SJCSR’s concerns.

Description

1. Eliminating duplication in the types of benefits and services for serving CF members

The proposed regulatory amendments to the VHCR and the CFMVRCR would make serving CF members ineligible for VAC benefits and services. These CF members would however continue to be eligible for DND benefits and services. The proposal would therefore eliminate duplication in the types of benefits and services offered to serving CF members. This would ensure the responsibilities between DND and VAC are clearly distinguished and would help eliminate confusion for CF members about which department to approach for which programs.

Effective January 1, 2013, serving CF members would no longer be eligible for the following VAC programs:

  • Treatment benefits (TB);
  • Long term care (LTC) [Although eligibility would be removed, in principle there would be no perceived reduction in benefits since there are no serving CF members accessing LTC];
  • Veterans independence program (e.g. housekeeping, grounds maintenance); and
  • Career transition services.

Serving CF members would continue to receive the care and support they need, as DND would assume primary responsibility for providing its members with required health care, home care and CTS.

Approximately 600 serving CF members would be actively in the process of releasing from the CF when these changes come into effect on January 1, 2013. Approximately 70 of these releasing members would be in receipt of VAC benefits and services and would continue to receive VAC health care benefits and services to ensure continuity of care on release and seamless integration into civilian life.

Lastly, part-time reservists (class A and short-term class B < 180 days) would continue to receive benefits under the VHCR from VAC because they are considered “insured persons” under the Canada Health Act and, as such, do not receive their primary health care from the Canadian Forces.

2. Changing the CTS delivery model for veterans or survivors

Veterans Affairs Canada began providing CTS to CF members and veterans in 2006, with the introduction of the CFMVRCR, also known as the Enhanced New Veterans Charter Regulations. Under the current program, CTS are delivered through a national contractor which specializes in career transition. VAC refers participants to the national contractor and monitors the delivery and effectiveness of the services. The program focuses on three key services: workshops, individual career counselling and job-finding assistance. The individualized CTS usually do not exceed 13 hours per client unless pre-authorized by VAC.

The proposed regulatory amendments to the CFMVRCR would provide CTS to veterans or survivors via an alternate service delivery model effective January 1, 2013. Eligible CF veterans or eligible survivors would receive up to a $1,000 lifetime maximum grant payment to support obtaining CTS. These recipients would have the flexibility to choose their CTS provider(s) and the type(s) of CTS of their choice to better meet their needs.

Eligibility for CTS under the alternate delivery model would remain the same, except for the removal of eligibility for serving CF members to VAC CTS (as noted above in the “Eliminating duplication in the types of benefits and services for serving CF members” section), since DND will become the sole provider of CTS for CF members commencing October 1, 2012.

Therefore, eligibility for CTS under the alternate delivery model would include the following:

  • Veterans of the regular force who have completed basic training;
  • Veterans of the reserve force who have completed at least 21 months of full-time service during 24 consecutive months or completed special duty service or emergency service;
  • A survivor of a veteran who died and who would have been eligible for CTS at the time of death;
  • A veteran or survivor to whom a Canadian Forces income support benefit is payable; and
  • A survivor of a CF member of the regular or reserve force who meets certain eligibility requirements.

Veterans of the regular or reserve force would be eligible the day after release and survivors, the day after the veterans’ or CF members’ death. As per the current eligibility criteria, the CTS application, which represents the expressed need for CTS services, must be received within two years of release (veteran) or within two years after the death of the veteran or CF member (survivor).

In addition to meeting the above eligibility, the following entitlement criteria would also need to be established prior to VAC issuing a grant payment:

  • CTS must fall within career counselling, job-search training and job-finding assistance;
  • the provider(s) of the service(s) must be primarily engaged in the business of providing CTS; and
  • the proof of service(s) rendered (e.g. receipt or invoice) must be received no more than 12 months after the day of provision of service(s).

Once CTS services are provided and the established entitlement criteria for the grant are met, a payment would be made directly to the veteran/survivor.

3. Items raised by the SJCSR and minor housekeeping amendments

The proposed regulatory amendments would also address three items raised by the SJCSR. The first relates to a correction of discrepancies between the English and French texts in subsection 25(2) of the CFMVRCR. The English version refers to “information” while the French version refers to “information and documents” (“les renseignements et les documents”). Therefore, the English version would be amended.

The second item is with regard to the wording in subsection 3(2.4) of the VHCR. This provision is currently worded as “member or former member who is no longer a member of the Canadian Forces, or who is a member of the Canadian Forces as a member of the reserve force.” As per the recommendation of the Committee, this wording would be simplified.

The third item concerns the English version of section 21.2 of the VHCR, which appears more restrictive than the French in the drafting because the terms used in the English — “intermediate care,” “chronic care” and “community facility” — are defined terms in the Regulations but the corresponding defined French terms were not used. Therefore, the French version would be amended.

In addition, the proposed regulatory amendments would address an additional housekeeping item. Since the coming into force of the VHCR in 1990, there have been a number of amendments. Over time, section 3, which outlines eligibility for treatment benefits, has grown as eligibility for VAC programs has changed. Given the fact that the amendments to the section were done over time rather than all at once, the result has been a lengthy and overly complicated section. For this reason, this section would also be simplified. No changes would be made to eligibility beyond those made to serving CF members outlined in this regulatory proposal.

Consultation

Budget 2012 publically announced that changes would be made to eliminate duplication and overlap between VAC and DND to better serve CF members and veterans. In April 2012, these changes were part of high-level broad discussions with a number of national veterans’ organizations, the Veterans Ombudsman and the four chairs of VAC’s former advisory committees on Veterans Affairs. In addition, the required statutory changes for the new CTS model were included as part of the Jobs, Growth and Long-term Prosperity Act, which was introduced in the House of Commons on April 26, 2012, and received Royal Assent on June 29, 2012.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

This regulatory proposal does not increase or decrease administrative burden or compliance costs on small businesses.

Rationale

Veterans Affairs Canada is committed to delivering better and faster services to veterans and their families by reducing red tape. VAC is also working closely with DND to simplify its policies and programs to better serve CF members and veterans.

The proposed regulatory amendments would help eliminate any potential confusion for serving CF members, who currently deal with both VAC and DND to obtain health care services and CTS. The provision of health care to serving CF members would continue to be the responsibility of DND, and these proposed measures would make it clear that DND would be the only provider of treatment benefits, CTS, and home care services for all members of the CF. Removing duplication in the types of benefits and services offered to serving CF members would also clarify lines of responsibility between VAC and DND, thereby eliminating inefficiencies and simplifying policies and programs to better serve CF members and veterans, while ensuring a more efficient use of resources.

In addition, veterans or survivors would directly obtain CTS from a provider of their choice, who would deliver CTS tailored to the individuals’ need. This new delivery model would allow veterans or survivors to focus on their specific career paths, in their communities, close to their families and support systems and would provide them the flexibility to choose and obtain providers and types of CTS that best meet their needs.

Delivering better and faster services through the new CTS delivery model would also positively impact veterans’ or survivors’ health, safety, way of life and well-being given that income plays a role in determining someone’s physical and mental health, life expectancy, quality of housing, nutrition and other aspects of their well-being. The new model enhances this positive impact by allowing the recipients to choose the provider(s) and type(s) of CTS that best suit their needs, positioning them for success in finding a quality job during their transition to civilian life.

Further, the technical/housekeeping amendments would respond to recommendations from the SJCSR and ensure consistency and enhance accuracy in the application and interpretation of the VHCR and the CFMVRCR by veterans and other clients, stakeholder groups, VAC personnel, and Canadians in general.

Lastly, this regulatory proposal would create no costs or administrative burden for veterans/survivors or businesses.

Implementation, enforcement and service standards

1. Eliminating duplication in the types of benefits and services for serving CF members

To implement these changes, VAC and DND are committed to ensuring that serving CF members are seamlessly transitioned from VAC to CF care. To this end,

  • VIP is currently delivered through a reimbursement model known as a “contribution arrangement” generally entered into for a 12-month period. Serving CF members who currently receive VAC VIP services would continue to receive those services until their current contribution arrangement naturally expires. After January 1, 2013, when a serving CF member’s VIP contribution arrangement expires, they would be directed to DND for the provision of home care benefits. Once the Regulations come into effect on January 1, 2013, new applications from CF members would be directed to DND for the provision of health care benefits.
  • Serving CF members would continue to receive treatment benefits from VAC until the Regulations come into effect on January 1, 2013. CF members would then be directed to DND for the provision of health care benefits.
  • Serving CF members approved for CTS prior to September 30, 2012, would be covered by VAC’s current national CTS contractor and would continue to receive these services until the regulatory changes come into effect on January 1, 2013. As part of this implementation plan, DND will become the sole provider of CTS for CF members commencing October 1, 2012.

2. Changing the CTS delivery model for veterans or survivors

Veterans Affairs Canada is also committed to ensuring a smooth transition between its current CTS program and the new delivery model. To this end,

  • Veterans or survivors would continue to receive services from the national CTS contracted provider until December 31, 2012. On January 1, 2013, veterans or survivors would be eligible for the $1,000 lifetime maximum grant payment for CTS. It is expected that approximately 400 veterans/survivors per year would receive CTS through the new CTS grant delivery model.

To implement the above changes, policies, directives, business processes, electronic systems and letters would be revised and distributed; and staff would be informed and trained on the new program changes. Additionally, a new form for the CTS program would be developed and available on January 1, 2013.

It is not anticipated that this regulatory proposal would have an impact on legislative and/or regulatory compliance. Reviews would be conducted in accordance with the CTS performance measurement plan (PMP), which was developed to support performance measurement and reporting by ensuring data reports are accurately capturing and portraying the performance of the CTS program. The PMP would support the regular monitoring of program performance contributing to the ultimate outcome of active participation in the civilian workforce.

In addition, VAC’s Audit and Evaluation Division conducts annual audits and evaluations of VAC programs. Results are published on VAC’s Web site regularly.

Veterans Affairs Canada also has published service standards. These are available on the Department’s Web site (www.vac-acc. gc.ca). There are specific service standards for CTS. The changes from these enhancements should still allow the service standards to be maintained close to the current average processing times.

Contact

Janice Burke
Senior Director
Strategic Policy Integration
Veterans Affairs Canada
161 Grafton Street
P.O. Box 7700
Charlottetown, Prince Edward Island
C1A 8M9
Telephone: 902-566-8977
Email: janice.burke@vac-acc.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 5 (see footnote a) of the Department of Veterans Affairs Act (see footnote b) and section 94 (see footnote c) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act (see footnote d), proposes to make the annexed Regulations Amending the Veterans Health Care Regulations and the Canadian Forces Members and Veterans Re-establishment and Compensation Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Janice Burke, Senior Director, Strategic Policy Integration, Veterans Affairs Canada, 161 Grafton Street, P.O. Box 7700, Charlottetown, Prince Edward Island C1A 8M9 (tel.: 902-566-8977; email: janice.burke@vac-acc.gc.ca).

Ottawa, October 4, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE VETERANS HEALTH CARE REGULATIONS AND THE CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION REGULATIONS

DEPARTMENT OF VETERANS AFFAIRS ACT

VETERANS HEALTH CARE REGULATIONS

1. (1) The definitions “military service pensioner” and “special duty service pensioner” in section 2 of the Veterans Health Care Regulations (see footnote 1) are replaced by the following:

“military service pensioner” means a former member or reserve force member who is entitled to a pension under the Pension Act for a disability related to military service that was not

  • (a) active service in World War I or World War II,

  • (b) service in a theatre of operations, as that expression is defined in section 2 of the Veterans Benefit Act, or

  • (c) special duty service, as defined in subsection 3(1) of the Pension Act; (pensionné du service militaire)

“special duty service pensioner” means a former member or reserve force member who is entitled to a pension under the Pension Act for a disability attributable to or incurred during special duty service, as defined in subsection 3(1) of that Act; (pensionné du service spécial)

(2) Paragraphs (j) and (k) of the definition “client” in section 2 of the Regulations are replaced by the following:

  • (j) former member or reserve force member who is entitled to a disability award, or

  • (k) former member or reserve force member who has received a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act; (client)

(3) Section 2 of the Regulations is amended by adding the following in alphabetical order:

“reserve force member” means a member

  • (a) of the Supplementary Reserve Force,

  • (b) on a period of Class A Reserve Service, as described in article 9.06 of the Queen’s Regulations and Orders for the Canadian Forces, or

  • (c) on a period of 180 days or less of Class B Reserve Service, as described in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces; (membre de la force de réserve)

2. Section 3 of the Regulations is replaced by the following:

3. (1) The following clients are eligible to receive treatment benefits in Canada or elsewhere in respect of a pensioned condition:

  • (a) a veteran pensioner;

  • (b) a civilian pensioner;

  • (c) a Red Cross pensioner; and

  • (d) a flying accident pensioner.

(2) A Newfoundland Special Award pensioner is eligible to receive treatment benefits in Canada or elsewhere in respect of the disability for which they receive the award.

(3) The following clients are eligible to receive treatment benefits in Canada or elsewhere in respect of a pensioned condition or a disability for which they are entitled to a disability award to the extent that those benefits are not available to them as a member or former member of the Canadian Forces:

  • (a) a special duty service pensioner;

  • (b) a military service pensioner; and

  • (c) a former member or a reserve force member.

(4) The following clients are eligible to receive treatment benefits in Canada, for any health condition, to the extent that those benefits are not available to them as a member or former member of the Canadian Forces nor available as an insured service under a provincial health care system:

  • (a) a veteran pensioner or a civilian pensioner if the extent of their disability in respect of the aggregate of all of their disability assessments under the Pension Act and the Canadian Forces Members and Veterans Re-establishment and Compensation Act is equal to or greater than 48%;

  • (b) a client referred to in subsection (1) or (2) who is seriously disabled; and

  • (c) a special duty service pensioner or a former member or reserve force member who is entitled to a disability award in respect of special duty service, if they are eligible to receive any of the veterans independence program services referred to in paragraphs 19(a), (b) and (e).

(5) The following clients are eligible to receive treatment benefits in Canada, for any health condition, to the extent that those benefits are not available as an insured service under a provincial health care system:

  • (a) an income-qualified veteran;

  • (b) an income-qualified civilian;

  • (c) a client who is in receipt of adult residential care, intermediate care or chronic care in a departmental facility or contract bed;

  • (d) a client who is in receipt of the cost to them of intermediate care or chronic care under section 21.1 or 21.2;

  • (e) a Canada service veteran who is in receipt of chronic care in a community facility under subsection 22(2); and

  • (f) a client who is in receipt of chronic care in a community facility under section 22.1.

(6) The following clients are eligible to receive treatment benefits in Canada, for any health condition, to the extent that those benefits are not available as an insured service under a provincial health care system:

  • (a) if they are eligible under section 15, 17 or 17.1 to receive any of the veterans independence program services referred to in paragraphs 19(a), (b) and (e) or are in receipt of those services under section 18:
    • (i) a veteran pensioner,

    • (ii) an overseas service veteran,

    • (iii) a dual service veteran, and

    • (iv) an overseas service civilian; and
  • (b) if they are eligible to receive any of the veterans independence program services referred to in paragraphs 19(a), (b) and (e):
    • (i) a civilian pensioner,

    • (ii) a prisoner of war who is entitled to basic compensation under subsection 71.2(1) of the Pension Act,

    • (iii) a Canada service veteran, and

    • (iv) a former member or a reserve force member who has received a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

(7) If a client is hospitalized and they assert that hospitalization is required in respect of their pensioned condition, treatment benefits in respect of that hospitalization, in Canada or elsewhere, are deemed to be required in respect of the pensioned condition, for the period during which there is uncertainty as to whether the primary condition in respect of which the treatment benefits are required is the client’s pensioned condition.

3. (1) Paragraph 9(c) of the Regulations is replaced by the following:

  • (c) military service pensioners or members who are entitled to a pension under the Pension Act for a disability related to military service that was not
    • (i) active service in World War I or World War II,

    • (ii) service in a theatre of operations, as that expression is defined in section 2 of the Veterans Benefit Act, or

    • (iii) special duty service, as defined in subsection 3(1) of the Pension Act;

(2) Paragraph 9(f) of the Regulations is replaced by the following:

  • (f) special duty service pensioners or members who are entitled to a pension under the Pension Act for a disability attributable to or incurred during special duty service, as defined in subsection 3(1) of that Act.

4. (1) The portion of subsection 15(1.2) of the Regulations before paragraph (a) is replaced by the following:

(1.2) Military service pensioners and former members or reserve force members who are entitled to a disability award are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, if it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available to them as a member or former member of the Canadian Forces nor available as an insured service under a provincial health care system, if

(2) Paragraph 15(1.2)(a) of the French version of the Regulations is replaced by the following:

  • a) l’intéressé réside au Canada;

(3) The portion of subsection 15(3) of the Regulations before paragraph (a) is replaced by the following:

(3) Subject to section 33.1, prisoners of war who are entitled to basic compensation under subsection 71.2(1) of the Pension Act and former members and reserve force members who have received a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act are eligible to receive the veterans independence program services referred to in paragraphs 19(a), (b) and (d) or, if it is not reasonably practicable for those services to be provided at their principal residence, the care referred to in paragraph 19(e), to the extent that those services or that care is not available as an insured service under a provincial health care system, if

(4) Paragraph 15(3)(a) of the French version of the Regulations is replaced by the following:

  • a) l’intéressé est atteint d’invalidité totale par suite de son service militaire ou non;

5. Section 21.2 of the French version of the Regulations is replaced by the following:

21.2 Sous réserve de l’article 33.1, l’ancien combattant ayant servi outre-mer qui a fait une demande au ministre en vue d’être admis dans un établissement du ministère ou d’occuper un lit réservé et qui s’est vu refuser sa demande en raison de l’absence d’établissement du ministère ou de lit réservé à une distance raisonnable de la collectivité où il habite habituellement, est admissible au paiement de ce qu’il lui en coûte pour obtenir des soins intermédiaires ou des soins prolongés dans un établissement communautaire, dans la mesure où il ne peut les obtenir au titre de services assurés dans le cadre du régime d’assurance-maladie d’une province.

6. (1) The portion of subsection 22(1.2) of the Regulations before paragraph (a) is replaced by the following:

(1.2) Military service pensioners, former members and reserve force members are eligible to receive, in respect of a pensioned condition or a disability for which they are entitled to a disability award, the cost to them of chronic care

(2) Paragraphs 22(1.2)(a) and (b) of the French version of the Regulations are replaced by the following:

  • a) ceux fournis dans un établissement communautaire au Canada, s’ils n’occupent pas de lit réservé;

  • b) ceux fournis dans un établissement de santé à l’étranger et équivalents à ceux qu’ils auraient reçus dans un établissement visé à l’alinéa a), pourvu que leur coût n’excède pas le coût habituel des soins prolongés dans le territoire en cause.

7. Paragraph 24(2)(a) of the Regulations is replaced by the following:

  • (a) first, to veteran pensioners, civilian pensioners, special duty service pensioners and military service pensioners who need care for a pensioned condition and former members and reserve force members who need care for a condition in respect of which they are entitled to a disability award;

8. The portion of section 27 of the Regulations before paragraph (a) is replaced by the following:

27. Income-qualified veterans, income-qualified civilians, Canada service veterans and former members or reserve force members to whom a Canadian Forces income support benefit is payable under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act are eligible to receive the cost of the premium or fee that is required to be paid in relation to

9. Section 28 of the Regulations is replaced by the following:

28. A veteran pensioner, a civilian pensioner, a special duty service pensioner and a former member or reserve force member who has a disability for which they are entitled to a disability award in respect of special duty service is eligible to receive, in accordance with section 7, the costs of transportation in Canada of an escort if

  • (a) the escort accompanies the pensioner or member on an annual vacation or on other travel approved by the Minister;

  • (b) the means of transportation is other than by automobile; and

  • (c) their pensioned condition or disability, as the case may be, is total blindness or one that otherwise requires an escort when travelling.

10. Paragraph 30(b) of the Regulations is replaced by the following:

  • (b) if in receipt of acute care in a hospital, a veteran pensioner, a civilian pensioner, a Newfoundland Special Award pensioner, a Red Cross pensioner, a flying accident pensioner, a dual service veteran, an income-qualified veteran, an income-qualified civilian, a Canada service veteran, a special duty service pensioner, a military service pensioner and a former member or reserve force member who is entitled to a disability award.

11. Subsection 31.1(1) of the Regulations is replaced by the following:

31.1 (1) Despite any other provision of these Regulations, an income-qualified veteran, income-qualified civilian or Canada service veteran who is in receipt of any benefit, service, care, premium or fee under paragraphs 3(3)(a) or (c) or 3(4)(c), subsection 15(2), section 17 or 17.1, subsection 21(1) or 22(2) or section 27 is eligible to receive that benefit, service, care, premium or fee for life, regardless of any change in the income of the veteran or civilian or their spouse or common-law partner, in the veteran’s or civilian’s income factor or in the class of recipient to which the veteran or civilian belongs, provided that the veteran or civilian continues to meet the requirements set out in the provision under which that benefit, service, care, premium or fee is received.

12. Paragraph 33.1(2)(c) of the Regulations is replaced by the following:

  • (c) a former member or reserve force member who is in receipt of the care for the disability for which they are entitled to a disability award.

CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION ACT

CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION REGULATIONS

13. Sections 2 to 5 of the Canadian Forces Members and Veterans Re-establishment and Compensation Regulations (see footnote 2) are replaced by the following:

2. (1) The following persons meet the eligibility criteria for the purposes of section 3 of the Act:

  • (a) if they were not released under item 1 or 2 of the table to article 15.01 of the Queen’s Regulations and Orders for the Canadian Forces, a veteran of
    • (i) the regular force who has completed basic training and who applies no later than two years after the day on which they were released,

    • (ii) the reserve force who has completed at least 21 months of full-time service during 24 consecutive months and who applies no later than two years after the day on which they were released, or

    • (iii) the reserve force after completion of special duty service or service on which the veteran was called out in respect of an emergency and who applies no later than two years after the day on which they were released;
  • (b) any veteran to whom a Canadian Forces income support benefit is payable under section 27 of the Act;

  • (c) if an application is made no later than two years after the death of the veteran or the member, as the case may be, a survivor of
    • (i) a veteran of the regular force or the reserve force who, at the time of the veteran’s death, was eligible under section 3 of the Act,

    • (ii) a member of the regular force,

    • (iii) a member of the reserve force who, at the time of death, had completed or committed in writing to at least 21 months of full-time service during 24 consecutive months, or

    • (iv) a member of the reserve force after completion of special duty service or service on which the member was called out in respect of an emergency; and
  • (d) a survivor to whom a Canadian Forces income support benefit is payable under section 28 of the Act.

(2) The maximum amount that may be paid or reimbursed to a veteran or survivor is $1000.

3. An application under section 3 of the Act shall be made in writing and shall include, at the request of the Minister, any information or documents that are necessary to enable the Minister to assess whether the applicant is eligible.

4. The payment or reimbursement of fees shall be made if the Minister receives, no more than 12 months after the day on which the service is provided, an invoice from the career transition service provider that includes the name and address of the provider and, in the case of a claim for reimbursement, proof of payment.

5. For the purposes of section 3 of the Act, the prescribed career transition services are career counselling, job-search training and job-finding assistance that are delivered by a person whose primary business is that of a career transition service provider.

14. Subsection 25(2) of the English version of the Regulations is replaced by the following:

(2) The Minister may suspend payment of an earnings loss benefit to a person who fails to comply with subsection (1) until the information and documents are provided.

TRANSITIONAL PROVISION

15. The Veterans Health Care Regulations, as they read immediately before the coming into force of these Regulations, continue to apply to a member who has received their release message no later than December 31, 2012.

16. Section 15 of the Veterans Health Care Regulations, as it read immediately before the day on which these Regulations come into force, continues to apply in respect of any contribution arrangement in effect on that day until the earlier of the day on which the arrangement expires and December 31, 2013.

COMING INTO FORCE

17. These Regulations come into force on January 1, 2013, but if they are registered after that day, on the day on which they are registered.

[41-1-o]

Footnote a
S.C. 2011, c. 24, s. 180

Footnote b
R.S., c. V-1, s. 1; S.C. 2000, c. 34, par. 95(a)

Footnote c
R.S. 2012, c. 19, s. 683

Footnote d
S.C. 2005, c. 21

Footnote 1
SOR/90-594

Footnote 2
SOR/2006-50