Canada Gazette, Part I, Volume 152, Number 22: GOVERNMENT NOTICES

June 2, 2018

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of results of investigations and recommendations for a substance — phenol, 2-(1-methylpropyl)-4,6-dinitro- (dinoseb), CAS RNfootnote1 88-85-7 — specified on the Domestic Substances List (paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999)

Whereas a summary of the draft screening assessment conducted on phenol, 2-(1-methylpropyl)-4,6-dinitro- (dinoseb) pursuant to paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999 (Act) is annexed hereby; and

Whereas it is proposed to conclude that the substance meets one or more of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that this substance be added to Schedule 1 to the Act.

Notice is furthermore given that the ministers have released a risk management scope document for this substance to initiate discussions with stakeholders on the development of risk management actions.

Public comment period

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical Substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.

Comments can also be submitted to the Minister of the Environment, using the online reporting system available through Environment and Climate Change Canada’s Single Window.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

Marc D’Iorio
Director General
Industrial Sectors, Chemicals, and Waste Directorate

On behalf of the Minister of the Environment

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Summary of the draft screening assessment of dinoseb

Pursuant to section 68 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of phenol, 2-(1-methylpropyl)-4,6-dinitro-, commonly known as dinoseb. The Chemical Abstracts Service Registry Number (CAS RN) for dinoseb is 88-85-7. This substance was identified as a priority for assessment on the basis of human health concerns.

Dinoseb was used in Canada as an herbicide until 2001, when all of its herbicidal uses were prohibited. The only current use in Canada is as a polymerization retarder in the production of styrene monomer. Information obtained under the export notification provisions of the Rotterdam Convention, and from follow-up discussions with industry, indicates that dinoseb was imported into Canada in 2015 in a quantity between 100 000 and 1 000 000 kg.

Releases of dinoseb to surface water are possible and, based on information about use patterns, these releases would be continuous. In water, dinoseb will hydrolyze slowly, and it is not readily biodegradable. Degradation by photolysis can occur at a moderate rate, but will vary depending on factors such as water depth and turbidity. Overall, dinoseb is expected to persist in water. Dinoseb is slightly persistent in air, although significant releases to that medium are not expected. Dinoseb is not expected to bioaccumulate in aquatic organisms.

Dinoseb is a reactive chemical whose principal mode of action is the uncoupling of oxidative phosphorylation, which results in the interference of energy synthesis. Dinoseb is hazardous to various forms of aquatic organisms, as well as to birds and mammals. In addition to effects on reproduction (embryotoxicity), survival and growth, dinoseb binds to protein and DNA. Empirical studies, in vitro assays, and quantitative structure-activity relationship (QSAR) modelling all indicate the potential for adverse effects in aquatic organisms at low concentrations.

There are historical environmental monitoring data for dinoseb from the time it was used as an herbicide, as well as from shortly after it was banned for that use. However, there are no current environmental monitoring data for dinoseb in surface water, air, sediment or soil in Canada. An exposure analysis was conducted to estimate the predicted surface water concentrations of dinoseb due to releases from its use in the chemical sector. Comparing potential exposures to effect levels indicates that there is a possible risk of harm to aquatic organisms from dinoseb. The potential for harm is supported by other lines of evidence, including persistence and long-range transport in water.

Dinoseb has previously been assessed through the Organisation for Economic Co-operation and Development (OECD) Cooperative Chemicals Programme, and the OECD Screening and Information Data Set Initial Assessment Report (SIAR) was used to inform the health effects section of this screening assessment. The main endpoint of concern for dinoseb is reproductive and developmental toxicity, based on effects on sperm parameters in male rats and subsequent decrease in gestation index in an oral study, and maternal and fetal toxicity in an oral study in rats and a dermal study in rabbits. Dinoseb is no longer used as a pesticide, nor is it used in products available to consumers. Recent drinking water monitoring data from various municipalities across Canada show no detection of dinoseb. Exposure of the general population in Canada to dinoseb through environmental media, food, or the use of products is not expected. Any population exposure resulting from potential releases to surface waters from industrial uses would still be several orders of magnitude less than levels associated with health effects. Based on these considerations, the potential risk to human health is considered to be low.

Considering all available lines of evidence presented in this draft screening assessment, there is a risk of harm to organisms but not to the broader integrity of the environment from dinoseb. It is proposed to conclude that dinoseb meets the criteria under paragraph 64(a) of CEPA as it is entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. However, it is proposed to conclude that dinoseb does not meet the criteria under paragraph 64(b) of CEPA as it is not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger to the environment on which life depends. It is also proposed to conclude that dinoseb does not meet the criteria under paragraph 64(c) of CEPA as it is not entering the environment in a quantity or concentration or under conditions that constitute a danger in Canada to human life or health.

Proposed conclusion

It is proposed to conclude that dinoseb meets one or more of the criteria set out in section 64 of CEPA.

It is proposed to conclude that dinoseb meets the persistence criteria but not the bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.

The draft screening assessment and the risk management scope document for this substance are available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF INDUSTRY

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Citizenship Act

 

Citizenship judges — Full-time basis

 

Carrière, Suzanne

2018-521

Dhaliwal, Hardish

2018-530

Hart, Carol-Ann

2018-523

Mahoney, Joan K.

2018-520

Senécal-Tremblay, Marie

2018-517

Simmons, Rodney

2018-518

Villeneuve, Claude

2018-524

Laizner, Christianne M.

2018-563

Canadian Radio-television and Telecommunications Commission

 

Full-time member and Vice-Chairperson

 

Lebel, Jean

2018-485

International Development Research Centre

 

President

 

MacKeigan, J. Mark

2018-528

Canadian Transportation Agency

 

Member

 

Zerr, Krista L.

2018-533

Her Majesty’s Court of Queen’s Bench for Saskatchewan

 

Judge

 

May 25, 2018

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the Winnipeg Police Service as fingerprint examiners:

Steven Bell
Nicolas Doyon

Ottawa, May 10, 2018

Ellen Burack
Assistant Deputy Minister
Community Safety and Countering Crime Branch

PRIVY COUNCIL OFFICE

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments website.

Position

Organization

Closing date

President and Chief Executive Officer

Canada Deposit Insurance Corporation

 

Chairperson

Canada Lands Company Limited

 

President and Chief Executive Officer

Canada Post Corporation

 

Chairperson

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

 

Commissioner of Corrections

Correctional Service Canada

 

Director

CPP Investment Board

 

Members (appointment to roster)

International Trade and International Investment Dispute Settlement Bodies

 

Parliamentary Librarian

Library of Parliament

 

Director

National Gallery of Canada

 

President

National Research Council of Canada

 

Canadian Representative

Northwest Atlantic Fisheries Organization

 

Chief Electoral Officer

Office of the Chief Electoral Officer

 

Commissioner of Competition

Office of the Commissioner of Competition

 

Parliamentary Budget Officer

Office of the Parliamentary Budget Officer

 

Superintendent

Office of the Superintendent of Bankruptcy Canada

 

Veterans’ Ombudsman

Office of the Veterans’ Ombudsman

 

Members (April to June 2018 cohort)

Parole Board of Canada

June 29, 2018

Chairperson

Social Security Tribunal of Canada

 

Chief Statistician of Canada

Statistics Canada

 

Executive Director

Telefilm Canada

 

Chief Executive Officer

Windsor-Detroit Bridge Authority

 

Continuous intake

Opportunities posted on an ongoing basis.

Position

Organization

Closing date

Full-time and Part-time Members

Immigration and Refugee Board

June 29, 2018

Upcoming opportunities

New opportunities that will be posted in the coming weeks.

Position

Organization

Commissioners

International Joint Commission

TREASURY BOARD SECRETARIAT

TREASURY BOARD SECRETARIAT

FINANCIAL ADMINISTRATION ACT

Occupational group definitions

Pursuant to paragraph 11.1(1)(b) of the Financial Administration Act, the Treasury Board of Canada hereby provides notice of the following occupational group changes: the Computer Systems (CS) Group, effective March 18, 1999, as defined and published in Part I of the Canada Gazette on March 27, 1999, is replaced by the Information Technology Group, effective June 2, 2018. The following definition will apply to the Information Technology Group effective June 2, 2018.

The definitions of the Technical Services (TC) Group, effective March 18, 1999, as published in Part I of the Canada Gazette on March 27, 1999, the Research (RE) Group, effective March 18, 1999, as published in Part I of the Canada Gazette on March 27, 1999, the Radio Operations (RO) Group, effective May 15, 2014, as published in Part I of the Canada Gazette on July 26, 2014, and the Electronics (EL) Group, effective May 15, 2014, as published in Part I of the Canada Gazette on July 26, 2014, are revised as follows upon the effective date of the Information Technology Group.

Information Technology (IT) Group Definition

The Information Technology (IT) Group comprises positions for which the application of comprehensive computer systems knowledge is the primary requirement to the development, implementation and/or maintenance of information technology systems and infrastructure.

Inclusions

Notwithstanding the generality of the foregoing, for greater certainty, it includes positions that have, as their primary purpose, responsibility for one or more of the following activities:

  1. designing, developing, integrating, deploying, and/or maintaining software, hardware, or network systems;
  2. providing technical support, service and control for software, hardware, and network infrastructure;
  3. providing technical analysis, advice and recommendations on IT systems, products and services;
  4. researching, developing, implementing, or evaluating information technology policies, directives, standards, and frameworks; or
  5. leading, managing, or supervising any of the above activities.
Exclusions

Positions excluded from the Information Technology Group are those whose primary purpose is included in the definition of any other occupational group or those in which one or more of the following activities is of primary importance:

  1. the planning, development, delivery or management of administrative and federal government policies, programs, services or other activities directed to the public or to the Public Service;
  2. the support or provision of administrative, scientific, professional or technical services that may involve limited or specific application of information technology skills and knowledge as an auxiliary to the performance of the activities central to the primary purpose of the position (for example, positions using geographic information systems, web development, human resource systems or performing scientific research); or
  3. planning, business analysis, information management (that is, positions that support the management of information in an organization, such as organizing, disseminating, disposing, or preserving), or data manipulation activities that do not require comprehensive information technology systems knowledge (for example, positions which are responsible for the content generated by the information technology system and not responsible for the system itself); or
  4. operating electronic equipment to communicate information for the safety of life at sea, the protection of the environment and the efficient movement of marine vessels and to monitor radio aids to marine navigation and the provision of associated advisory services; or
  5. applying electronics technology to the design, construction, installation, inspection, maintenance and repair of electronic, radio and associated equipment, systems and facilities and the development and enforcement of regulations and standards governing the use of such equipment; or
  6. the operation, scheduling or controlling of the operations of electronic equipment used in the processing of data for the purpose of reporting, storing, extracting and comparing information or for solving formulated problems according to prescribed plans; or
  7. where a comprehensive knowledge of engineering, engineering technology or its specialized techniques is the prime requirement in: the planning, design, construction or maintenance of physical systems, structures or equipment; the development or application of engineering standards or procedures including the planning, design, construction or maintenance of buildings, equipment, structures or systems such as transportation, telecommunications, utilities or water use projects; or the development or modification of physical systems or equipment for use in special purpose computer systems applications; or the provision of advice, the conduct of studies, the development and application of related standards and procedures.
Technical Services (TC) Group Definition

The Technical Services Group comprises positions that are primarily involved in the performance, inspection and leadership of skilled technical activities.

Inclusions

Notwithstanding the generality of the foregoing, for greater certainty, it includes positions that have, as their primary purpose, responsibility for one or more of the following activities:

  1. the planning, design and making of maps, charts, drawings, illustrations and art work;
  2. the design of three-dimensional exhibits or displays within a predetermined budget and pre-selected theme;
  3. the conduct of analytical, experimental or investigative activities in the natural, physical and applied sciences; the preparation, inspection, measurement and analysis of biological, chemical and physical substances and materials; the design, construction, modification and assessment of technical systems and equipment or the calibration, maintenance and operation of instruments and apparatus used for these purposes; and the observation, calculation, recording and the interpretation, presentation and reporting of results of tests or analyses, including:
    • the performance of activities involving the application of the principles, methods, and techniques of engineering technology and a practical knowledge of the construction, application, properties, operation and limitations of engineering or surveying systems, processes, structures, buildings or materials, and machines or devices;
    • the planning of approaches, the development or selection and application of methods and techniques, including computer software, to conduct analytical, experimental or investigative activities; the evaluation and interpretation of results; and the preparation of technical reports;
    • the observation and recording of events and the analysis of information relating to such fields as meteorology, hydrography, or oceanography and the presentation of the results of such studies; and the provision of data and information relating to meteorology;
    • the monitoring and investigating of environmental hazards or the provision of advice on those issues impacting upon compliance with public health legislation; and
    • the design, development or application of tests, procedures and techniques in support of the diagnosis, treatment and prevention of human and animal diseases and physical conditions;
  4. the application of statutes, regulations and standards affecting agricultural, fishery and forestry products;
  5. the capture and development of images involving the operation and use of cameras, accessories and photographic processing and reproduction equipment;
  6. the operation of television cameras and video recording systems and equipment;
  7. the inspection and evaluation of quality assurance systems, processes, equipment, products, materials and associated components including electronic equipment used in trade measurement; the development, recommendation or enforcement of statutes, regulations, standards, specifications or quality assurance policies, procedures and techniques; and the investigation of accidents, defects and/or disputes;
  8. the construction and repair of prostheses and orthoses;
  9. the writing of standards, specifications, procedures or manuals related to the above activities;
  10. the performance of other technical functions not included above; and
  11. the planning, development and conduct of training in, or the leadership of, any of the above activities.
Exclusions

Positions excluded from the Technical Services Group are those whose primary purpose is included in the definition of any other group or those in which one or more of the following activities is of primary importance:

  1. the planning, conduct or evaluation of control, mapping or charting surveys, and the planning or conduct of legal surveys of real property;
  2. the planning, design, construction or maintenance of physical or chemical processes, systems, structures or equipment; and the development or application of engineering standards or procedures;
  3. the performance of manual tasks such as cleaning laboratory equipment, assisting in morgue and autopsy tasks, and the care and feeding of laboratory animals;
  4. the performance of administrative activities such as program, human resources or financial management and planning that do not require the application of principles outlined in the inclusions; and the administrative management of buildings, grounds and associated facilities;
  5. the conduct of experimental, investigative or research and development work in the field of electronics;
  6. the leadership of activities related to maintenance and repair functions not requiring knowledge identified in the inclusions;
  7. the operation of duplicating or reproduction machines, motion picture projection machines and accessories and process cameras in support of an offset printing or duplicating process;
  8. the application of comprehensive computer systems knowledge to the development, implementation and/or maintenance of IT systems and infrastructure; and
  9. the application of electronics technology to the design, construction, installation, inspection, maintenance and repair of electronic and associated equipment, systems and facilities and the development and enforcement of regulations and standards governing the use of such equipment.

Also excluded are positions in which experience as an aircraft pilot and a valid pilot’s licence are mandatory.

Research (RE) Group Definition

The Research Group comprises positions that are primarily involved in the application of comprehensive scientific and professional knowledge to the planning, conduct, evaluation and management of fundamental research, knowledge enhancement, technology development and innovation relevant to defence science, historical research and archival science, mathematics and the natural sciences.

Inclusions

Notwithstanding the generality of the foregoing, for greater certainty, it includes positions that have, as their primary purpose, responsibility for one or more of the following activities:

  1. the planning, conduct and evaluation of research and development and directly related programs designed to advance defence science and technology;
  2. the development of new and improved military equipment, systems and operational capabilities;
  3. the provision of analysis, advice and information related to national, international, strategic and military matters affecting the security of Canada;
  4. the conduct of research and related programs in history, history of art, archival science, anthropology or archaeology designed to promote and disseminate knowledge of the history and culture of civilization, including the location, selection, analysis, classification and exhibition of relevant material;
  5. the development or application of mathematical and analytical methods, models and programs including those of mathematical statistics; the solution of problems in the natural, physical or social sciences that require the application of mathematical and statistical techniques and analysis; and the conduct of fundamental or applied research in one of the following or related fields: mathematics, statistics, survey methods, operational research or generalized systems;
  6. the planning, conduct and evaluation of research and development and innovation in the natural sciences within or outside the federal government, sometimes in collaboration with other agencies, designed to advance scientific knowledge and technology through significant and original additions to current understanding, concepts and theories;
  7. the management or co-ordination of organizations in the federal government conducting programs of research, knowledge enhancement, technology development and innovation in the natural sciences, and the provision of scientific advice on the direction, conduct and management of these programs;
  8. the provision of advice on the above research programs; and
  9. the leadership of any of the above activities.
Exclusions

Positions excluded from the Research Group are those whose primary purpose is included in the definition of any other group or those in which one or more of the following activities is of primary importance:

  1. the application of comprehensive scientific and professional knowledge to one of the applied science and engineering programs involving the following: actuarial science, agriculture, architecture, landscape architecture, urban and rural planning, biology, chemistry, engineering, land surveying, forestry, meteorology, physical sciences, which include physics, planetary and earth sciences, patents and scientific regulation as defined in the Architecture, Engineering and Land Survey Group and the Applied Science and Patent Examination Group;
  2. the application of comprehensive computer systems knowledge to the development, implementation and/or maintenance of IT systems and infrastructure;
  3. the conduct of surveys, studies and projects in the social sciences; the identification, description and organization of archival, library, museum and gallery materials; the application of a comprehensive knowledge of economics, sociology or statistics to the conduct of economic, socio-economic and sociological research, studies, forecasts and surveys; the research, analysis and evaluation of the economic or sociological effects of departmental or interdepartmental projects, programs and policies; the development, application, analysis and evaluation of statistical and survey methods and systems; and the development, analysis and interpretation of qualitative and quantitative information and socio-economic policies and recommendations; and
  4. the performance, inspection and leadership of skilled technical activities.

Also excluded are positions that do not require the application of comprehensive scientific and professional knowledge relevant to defence science, historical research and archival science, mathematics and the natural sciences.

Radio Operations (RO) Group Definition

The Radio Operations Group comprises positions that are primarily involved in the operation of electronic equipment to communicate information for the safety of life at sea, the protection of the environment and the efficient movement of marine vessels, and to monitor radio aids to marine navigation, and the provision of associated advisory services.

Inclusions

Notwithstanding the generality of the foregoing, for greater certainty, it includes positions that have, as their primary purpose, responsibility for one or more of the following activities:

  1. the operation of radio communications equipment at Marine Communications and Traffic Services Centres or on Canadian Coast Guard ships as a radio operator acting in a relief capacity;
  2. the performance of vessel traffic services at a Marine Communications and Traffic Services Centre;
  3. the planning and development of standards and procedures and the management of communications networks dealing with radio operations and with the delivery of vessel traffic services and flight information services;
  4. the development, direction and delivery of associated training and evaluation programs, and the issuance of certificates through legislative delegation;
  5. the analysis and evaluation of proposals from NAV CANADA and other flight information service providers; and
  6. the leadership of radio operations and vessel traffic services at Marine Communications and Traffic Services Centres.
Exclusions

Positions excluded from the Radio Operations Group are those whose primary purpose is included in the definition of any other group or those in which one or more of the following activities is of primary importance:

  1. the operation of radio equipment aboard Canadian Coast Guard ships as defined in the Ships’ Officers Group;
  2. the operation of electronic equipment for the purpose of making and analyzing ionosphere measurements;
  3. the maintenance and repair of electronic and associated electro-mechanical or electrical equipment;
  4. the operation of meteorological communication networks;
  5. the provision of a marine information service within a Regional Marine Information Centre;
  6. the planning, development, conduct or management of telecommunications operations in support of police operations;
  7. the planning, development, conduct or management of lawfully authorized telecommunications interceptions in support of police operations; and
  8. the application of comprehensive computer systems knowledge to the development, implementation and/or maintenance of IT systems and infrastructure.
Electronics (EL) Group Definition

The Electronics Group comprises positions that are primarily involved in the application of electronics technology to the design, construction, installation, inspection, maintenance and repair of electronic and associated equipment, systems and facilities and the development and enforcement of regulations and standards governing the use of such equipment.

Inclusions

Notwithstanding the generality of the foregoing, for greater certainty, it includes positions that have, as their primary purpose, responsibility for one or more of the following activities:

  1. the inspection, certification and licensing of telecommunications, radio communications and broadcasting equipment installations;
  2. the examination and certification of radio operators and related personnel;
  3. the development and enforcement of international and domestic radio regulations, agreements and equipment standards, and the examination of related applications and technical briefs for radio and television stations;
  4. the detection, investigation and suppression of radio and television interference;
  5. the design, construction, installation, testing, inspection, maintenance, repair or modification of electronic equipment, systems or facilities, including the preparation of related standards;
  6. the conduct of experimental, investigative or research and development projects in the field of electronics, under the leadership of an engineer or a scientist;
  7. the planning and delivery of a quality assurance program for electronic systems and equipment;
  8. the development, direction and conduct of training in the above activities; and
  9. the leadership of any of the above activities.
Exclusions

Positions excluded from the Electronics Group are those whose primary purpose is included in the definition of any other group or those in which one or more of the following activities is of primary importance:

  1. the operation of electronic equipment for the purpose of monitoring radio aids to navigation;
  2. the use of manual and trade skills in the manufacture, fabrication and assembly of equipment;
  3. the electrical and electronics work performed as part of the repair, modification and refitting of naval vessels and their equipment;
  4. the testing or inspection of electronic equipment to ensure fair measurement;
  5. the planning, development, conduct or management of telecommunications operations in support of police operations;
  6. the planning, development, conduct or management of lawfully authorized telecommunications interceptions in support of the police operations; and
  7. the application of comprehensive computer systems knowledge to the development, implementation and/or maintenance of IT systems and infrastructure.
VETERANS AFFAIRS CANADA

VETERANS AFFAIRS CANADA

VETERANS WELL-BEING REGULATIONS

Notice of intent to amend the Veterans Well-being Regulations

Notice is hereby given that the Minister of Veterans Affairs Canada (VAC) intends to recommend to the Governor in Council that amendments be made to the Veterans Well-being Regulations (the Regulations) in accordance with amendments being sought to the Veterans Well-being Act through the Budget Implementation Act, 2018, No. 1 (Bill C-74). These proposed changes are required to introduce a new suite of benefits that will provide recognition, income support, and stability to Canadian Armed Forces (CAF) members and veterans who experience a service-related illness or injury.

The statutory changes being proposed in the Budget Implementation Act, 2018, No. 1 require that aspects of the new benefits be set out in the Regulations to support the new benefits. Without these regulatory amendments, the new benefits cannot be implemented. The Government of Canada intends to publish the final Regulations as soon as possible after the statutory changes receive royal assent.

This notice of intent is meant to seek input on the proposed regulatory amendments.

Background

In 2006, VAC introduced the Canadian Forces Members and Veterans Re-establishment and Compensation Act (CFMVRC Act) and the supporting Canadian Forces Members and Veterans Re-establishment and Compensation Regulations (CFMVRC Regulations) to respond to the evolving and changing needs of CAF members, veterans, and their families as they transition to post-service life. The benefit design was based on the principles of well-being, independence and modernized compensation. In keeping with the principles of modern disability management, the suite of benefits introduced a dual award approach (distinct economic and non-economic compensation). Since 2006, numerous improvements to the suite of benefits have been made in response to recommendations by veterans, parliamentary committees, veterans’ organizations, the Office of the Veterans Ombudsman, as well as due to VAC’s own research and evaluations. On April 1, 2018, the CFMVRC Act and CFMVRC Regulations were renamed the Veterans Well-being Act (the Act) and the Veterans Well-being Regulations.

The current suite of economic benefits includes earnings loss benefit (ELB), Canadian Forces income support benefit (CFIS), supplementary retirement benefit (SRB), retirement income security benefit (RISB), career impact allowance (CIA) and CIA supplement (CIAS). These benefits compensate eligible veterans (and, in certain cases, survivors and orphans) for the economic losses related to career-ending and service-related health issues.

The current suite of non-economic benefits includes disability award (DA), death benefit, critical injury benefit, detention benefit and clothing allowance. These benefits recognize and compensate eligible CAF members and veterans (and, in certain cases, surviving spouses, common-law partners, and dependent children) for the non-economic impacts of a service-related injury, detention, disability or death (e.g. pain and suffering, physical and/or psychological loss, functional impairment, and the impact on quality of life).

These benefits have resulted in increased compensation for some CAF members, veterans and their families; however, the combined package has fallen short of expectations. There are two main shortcomings with the current suite of benefits: (1) the additions and adjustments to the original suite of benefits since 2006 have rendered it complex and difficult to understand, and have created some unintended consequences — such as undercompensating some and overcompensating others; and (2) veterans have clearly articulated that they want choice and flexibility in how they receive their disability benefits, particularly when it comes to the lump sum disability award.

As a result, on December 20, 2017, Minister O’Regan announced the pension for life (PFL) benefit package. The PFL package is a combination of benefits that will provide recognition, income support, and better overall support and stability for disabled CAF members, veterans, and their families as they transition to post-service life. On April 1, 2019, the PFL will come into force, updating the economic and non-economic benefits. The result will be a more comprehensive package to assist CAF members, veterans and their families’ transition to post-service life.

The new benefits are as follows:

Pain and Suffering Compensation (PSC) — This non-taxable benefit will replace the lump sum DA with a lifetime monthly payment to recognize the pain and suffering CAF members and veterans experience from service-related disabilities, including impacts on the member and veteran’s overall quality of life and family (surviving spouse, common-law partner and dependent children). The PSC will retain some of the same design components as the DA (e.g. eligibility, assessment of extent of disability, application requirements); however, it will introduce a monthly payment model where eligible recipients receive monthly compensation in an amount up to $1,150 for 100% disability (the actual amount received depends on the extent of the disability), indexed annually according to the Consumer Price Index. The veteran will receive this monthly payment for life.

Recipients can opt to cash out the monthly amount at any time for a lump sum (maximum of $365,400 in 2018) and receive the residual amount, if any (the difference between the number of monthly payments already received and the applicable lump sum DA amount).

If a veteran receiving monthly PSC payments dies, the residual amount, if any, will be paid as a lump sum to the survivor and/or dependent children. As with the DA, survivors and dependent children will be able to apply for the lump sum PSC for a disability for which the member or veteran could have applied before their death.

The new PSC payment model will incentivize eligible CAF members and veterans to receive the monthly payment for life, instead of opting to cash it out as a lump sum amount, as the amount received over the recipient’s lifetime could exceed the current maximum DA amounts. While the PSC is designed to provide ongoing recognition, the monthly payment will also contribute to financial security and recognizes that veterans want choice in how to receive benefits.

In order to benefit from the introduction of the PSC, CAF members and veterans who received a DA from April 1, 2006, to March 31, 2019, may be eligible to receive an additional monthly amount. This amount will be automatically calculated and will take into consideration the amount of the DA previously paid to the member or veteran and the amount of PSC they would have received if the monthly option had been available all along. The difference will be divided up over the course of the veteran’s life as monthly payments.

Additional Pain and Suffering Compensation (APSC) — This non-taxable benefit will recognize CAF veterans who are experiencing barriers to re-establishment in post-service life due to a service-related permanent and severe impairment. The permanent and severe impairment must be created by one or more disabilities for which the veteran has received a DA, a PSC or a disability pension under the Pension Act.

Compensation is payable at three grade levels (Grade 1: $1,500/month; Grade 2: $1,000/month; Grade 3: $500/month), with the grade level determined by the extent of the veteran’s impairment. These amounts will be indexed annually according to the Consumer Price Index. The new benefit will be payable to veterans for life, as long as the eligibility criteria continue to be met.

Veterans in receipt of CIA for service-related permanent and severe impairments on March 31, 2019, will automatically receive the APSC; their grade level will be protected and they will be paid the corresponding APSC amount.

Income Replacement Benefit (IRB) — This taxable benefit will replace the ELB, extended ELB, CIA, CIAS, SRB and RISB with one, simpler economic benefit. Veterans under age 65 who have a health problem resulting primarily from service that is causing a barrier to re-establishment in post-service life will be required to participate in the VAC Rehabilitation Services and Vocational Assistance Program in order to receive IRB. The objective is for the veteran to complete rehabilitation and return to work. In circumstances where the service-related injury prevents them from doing so, they can receive IRB for life.

IRB payment amounts will be based on the greater of 90% of the veteran’s monthly military salary, indexed forward to the current year, or 90% of a minimum amount comparable to the threshold for the middle-class tax bracket (minimum threshold is $54,000 × 90% = $48,600). These amounts will be indexed annually according to the Consumer Price Index. The benefit will then be offset by any income sources as prescribed (outlined) in the Regulations, such as amounts payable under the Canadian Forces Superannuation Act.

To encourage veterans to participate in the workforce and thereby improve their well-being, veterans earn up to $20,000 annually from employment before any reduction or offset is made to their IRB payment.

Veterans in the Rehabilitation Services and Vocational Assistance Program who, before reaching age 65, have been determined to have a diminished earning capacity (based on an assessment) will be eligible for IRB for life. Veterans with a diminished earning capacity will also have their military salary adjusted by 1% every year until they reach what would have been 20 years of service or age 60, whichever is earlier. This career progression factor will benefit those individuals who have health problems resulting primarily from service and, as a result, must leave the military early in their career, thereby losing career advancement opportunities in the military. After the veteran reaches the age of 65, the IRB will be reduced to 70% of the pre-age 65 amount, less any offsets.

Survivors and orphans of CAF members or veterans will be provided with 70% of the IRB to which the veteran would have been entitled for life after age 65 unless the veteran dies of a non-service-related death before age 65, in which case the survivors and orphans would receive a lump sum payment equal to 24 times the amount the veteran received in the month he died (with no offsets).

Veterans, survivors and orphans who are receiving ELB, RISB, and/or the CIAS on March 31, 2019, will have these amounts protected and indexed annually, until equal to or less than the IRB amount payable. Those entitled to continued ELB on March 31, 2019, will receive a lump sum payment equal to the SRB amount they will be entitled to on that date. Those who had been entitled to receive continued ELB but were no longer entitled to that benefit and had not received the SRB to which they are entitled will also receive a lump sum payment.

Rehabilitation Services and Vocational Assistance — As part of these changes, rehabilitation services and vocational assistance eligibility is limited to those who have service-related rehabilitation needs. This change will be phased in over time. As of April 1, 2019, new applicants whose reason for medical release was not for health problems resulting primarily from service will be limited to medical and psychosocial rehabilitation supports. These veterans already have vocational rehabilitation services and income support eligibility through the CAF’s Long-term Disability Program (CAF LTD). As of April 1, 2024, rehabilitation services and vocational assistance applicants will need to have a service-related rehabilitation need to be eligible. Those with a rehabilitation plan already in place will be permitted to complete it.

This change will clarify that VAC provides income replacement benefits and rehabilitation services to veterans with health problems resulting primarily from service.

Summary

The PFL benefit package is intended to address concerns voiced by the military and veteran communities, to give them lifetime financial security, more choice, and streamlined and simplified compensation. By focusing on veterans’ long-term well-being, this package of benefits, along with enhancements made in budgets 2016 and 2017, offers veterans and their families the support they need to successfully make the transition from military to post-military life.

To implement these changes, an additional investment of close to $3.6 billion is required. When combined with well-being programs already announced in previous budgets, the Government of Canada’s investments since 2016 total nearly $10 billion.

Regulatory amendments — Objectives

The proposed regulatory amendments would support the objectives of the pension for life package to

Regulatory amendments — Description

The proposed amendments to the Veterans Well-being Regulations (the Regulations) are structured into the following sections: 1) Pain and Suffering Compensation; 2) Additional Pain and Suffering Compensation; 3) Income Replacement Benefit; and 4) Rehabilitation Services and Vocational Assistance.

Pain and Suffering Compensation (PSC) — The Regulations would be amended to ensure consistency with changes to the Act. Sections in the Regulations related to the DA would be replaced by new provisions entitled “Pain and Suffering Compensation,” to be consistent with the new sections of the same name being added to Part 3 of the Act.

While reference to the DA would need to be removed in some of the regulatory provisions, other provisions (e.g. those that speak to the election for annual DA payments) would continue to apply to a person who received a DA before the coming-into-force date of the PSC.

As the PSC has some of the same program components as the DA (e.g. eligibility, service relationship, assessment of extent of disability, financial advice, and application requirements), numerous existing regulatory provisions would be amended to reference the PSC instead of the DA. In addition, the PSC would be added to the existing financial advice provision.

The main difference between the PSC and the DA is that the new benefit will introduce a monthly payment for life model with the option to cash it out as a lump sum amount. Therefore, a regulatory provision would be needed to set out the requirement for a CAF member or veteran to elect in writing to receive their monthly PSC as a lump sum amount.

To reflect cost-of-living increases, the amount of the PSC would be adjusted annually — each January 1st, according to the Consumer Price Index, consistent with how the DA is currently indexed.

The current Regulations state that the DA must be reduced when compensation from other sources is paid in respect of the same disability. This provision would also apply to the PSC. The Regulations would set out the method for determining the reduction required for other sources of compensation paid in respect of the same disability. In situations where the two types of compensation do not mirror each other (e.g. the other source is a lump sum amount and the PSC is a monthly amount), the Regulations would provide for this calculation to be done in accordance with generally accepted actuarial principles. In addition, where a recalculation of a reduction is required (such as when a veteran dies), it would also be done in accordance with generally accepted actuarial principles.

CAF members or veterans who have received a DA since 2006 may also benefit from the PSC. The formula to determine the additional monthly amount will be set out in the Act, with one aspect of the formula, described as “D,” to be determined in accordance with the Regulations. This aspect is a number unique to each CAF member and veteran called a life annuity factor and would be determined based on an actuarial calculation that takes into consideration certain assumptions, such as interest rates, inflation rates, and mortality rates.

Consistent with other benefits, the Regulations would set out the circumstances where the payment of the PSC could be suspended or cancelled. Should a member or veteran fail to provide the necessary information or documents required to assess continued PSC eligibility, the PSC payment could be suspended. Where the member or veteran does not comply with the reason(s) for the suspension within six months, or where the member or veteran’s eligibility or the determination of the amount to be paid was based on misrepresentation or concealment of a material fact, the PSC could be cancelled.

The Regulations would also be amended to include the requirement to provide written notification to the CAF member or veteran about the reason(s) for the PSC being suspended or cancelled, the effective date of the suspension or cancellation, and the member or veteran’s right to have the cancellation decision reviewed (under section 84 or 85 of the Act), consistent with review rights for other benefits under Part 3 of the Act.

The current Regulations state that the death benefit must be reduced when compensation from other sources is also paid in respect of the death. These Regulations would be amended to allow the reduction to be calculated in a manner similar for the PSC. In situations where the types of compensation do not mirror one another (e.g. one is a lump sum amount and the other is a monthly amount), the calculation would be done in accordance with generally accepted actuarial principles.

Consequential amendments would also need to be made to the Veterans Health Care Regulations and the Veterans Burial Regulations to add CAF member or veteran recipients of “pain and suffering compensation” to the list of those eligible to receive benefits under these regulations.

Additional Pain and Suffering Compensation (APSC) — The Regulations would be amended by adding a new section entitled “Additional Pain and Suffering Compensation” to the Regulations, to be consistent with the new section of the same name being added to Part 3 of the Act.

APSC application requirements (to help determine eligibility and the amount to be paid) would be set out in the Regulations. Applications would include medical reports or records that document the veteran’s disability that is creating the permanent and severe impairment and the barrier to re-establishment in civilian life, consistent with APSC eligibility requirements being set out in the Act. To be consistent with application requirements for other benefits in the Regulations, applications would include a declaration attesting to the truth of the information provided, as well as any other information that may be necessary to determine eligibility or the amount to be paid.

For the purposes of the APSC, what constitutes a “permanent and severe impairment” would be set out in the Regulations and would include the following:

The Regulations would also set out considerations for assessing the extent of the permanent and severe impairment, such as the need for care, supervision and assistance, as well as the degree and frequency of the symptoms or the impairment itself.

The current definition of “barrier to re-establishment in civilian life” in the Regulations would be amended to reference the veteran’s disability, so that it would apply to the APSC, in addition to the IRB and Rehabilitation Services and Vocational Assistance. As a result, a barrier to re-establishment in civilian life would be the presence of a disability or a temporary or permanent physical or mental health problem that limits or prevents an individual’s reasonable performance of their roles in the workplace, home or community in a civilian context.

To reflect cost-of-living increases, the amount of the APSC would be adjusted annually — each January 1st, according to the Consumer Price Index, consistent with how the DA is currently indexed.

Consistent with other benefits, the Regulations would set out the circumstances where the payment of the APSC could be suspended or cancelled. Should a veteran fail to provide the necessary information or documents, or fail to undergo a medical examination or assessment required to determine continued eligibility or the extent of the impairment, the payment could be suspended. Where the veteran does not comply with the reason(s) for the suspension within six months, or the eligibility/determination of the amount payable was based on misrepresentation or concealment of a material fact, the APSC payment could be cancelled.

The Regulations would also be amended to include a requirement to provide written notification to the veteran about the reason(s) for the APSC payment being suspended or cancelled, the effective date of the suspension or cancellation, and the veteran’s right to have the cancellation decision reviewed (under section 84 or 85 of the Act), consistent with review rights for other benefits under Part 3 of the Act.

Income Replacement Benefit (IRB) — The Regulations would be amended to ensure consistency with changes to the Act. Sections in the Regulations related to the ELB, SRB, RISB, CIA and CIAS would be replaced by new provisions entitled “Income Replacement Benefit” to be consistent with the new sections of the same name being added to Part 2 of the Act.

IRB application requirements (to determine eligibility or the amount to be paid) would be set out in the Regulations.

For a veteran, application requirements would include information related to their assessed income (called imputed income in the Regulations) and amounts received from prescribed sources (details of both being further described in this document below); and medical reports and other documentation necessary to establish the existence of a health problem, its relationship to CAF service and the resulting barrier to re-establishment. The latter requirement would also be required information to help determine the date the IRB begins to be paid to a veteran.

For a survivor or orphan, application requirements would include information related to the member’s or veteran’s assessed income and the amounts the survivor would receive from prescribed sources; medical reports and other documentation about the member or veteran’s injury or disease, diagnosis and cause of death; and the death certificate.

For all, IRB application requirements would include a declaration attesting to the truth of the information provided, as well as any other information that may be necessary to determine eligibility or the amount payable.

Veterans who are determined to have a diminished earning capacity would be eligible to receive IRB for life. The manner for determining if a veteran has a diminished earning capacity would be set out in the Regulations and include consulting medical reports regarding the physical or mental health problem, or other records regarding the veteran’s employment. If it is determined that the available information is insufficient, the veteran would be required to undergo a specialized assessment.

The Regulations would set out how the veteran’s assessed income would be calculated, including for survivor and orphan purposes. The Regulations would set out the method of calculating the assessed income using either the monthly military salary or the minimum amount, to be set at $4,500 per month ($54,000 per year) in 2019. The Regulations would also set out that veterans who have been deemed to have a diminished earning capacity would have an additional annual adjustment (a career progression factor) applied that would increase their monthly military salary each year by 1%, until the equivalent of 20 years of service or age 60, whichever comes first. Where applicable, survivors and orphans would also benefit from this provision.

To determine when the career progression factor would be applied, the Regulations would also include how years of military service would be calculated for members and veterans to ensure that each period of service would be included in the calculation, regardless if the service was continuous or not.

The Regulations would set out the prescribed sources (income sources to be considered when calculating the IRB amount payable) referred to in the formulas set out in the Act. The total amount of these prescribed sources are offset (or subtracted) from the total amount of the IRB to be paid.

For a veteran who is under age 65, prescribed sources would include

For a veteran who is 65 years old and over, prescribed sources would be the same as those for a veteran under the age of 65, excluding amounts payable in respect of economic loss arising from legal liability to pay damages. Prescribed sources would also include benefits payable under the Old Age Security Act, and long-term disability benefits payable under the Service Income Security Insurance Plan Long Term Disability. Any of these amounts payable for a dependent child, or in respect of the veteran’s deceased spouse or common-law partner, would not be considered a prescribed source.

For a survivor of a member or veteran who dies before the age of 65, prescribed sources (payable to the survivor in respect of the member or veteran) would include

For a survivor of a member or veteran (starting when the member or veteran would have turned 65 years old), and a survivor of a veteran who dies on or after the age of 65, prescribed sources (payable to the survivor in respect of the member or veteran) would be the same as those for a survivor of a member or veteran who dies before the age of 65, excluding amounts payable in respect of economic loss arising from legal liability to pay damages.

Any of the above amounts payable to a survivor for a dependent child would not be considered a prescribed source.

The Regulations would set out the method to convert any amounts from prescribed sources that are paid other than a monthly amount, into a monthly amount, similar to the method of conversion under the RISB, except for veterans or survivors transitioning from the ELB to the IRB who have an offset already in place using a different conversion calculation. The current rules will continue to apply to the current offset. Should the veteran or survivor start to receive a new payment, not previously divided, that amount would be divided using the new rules.

To reflect cost-of-living increases, the Regulations would include annual adjustments to the IRB (i.e. IRB amount, assessed income, monthly military salary, and minimum amount) — each January 1st, according to the Consumer Price Index, consistent with how the DA is currently indexed.

To assess continued IRB eligibility, or determine the IRB payable amount, the Regulations would set out the required information that a veteran under the age of 65, or a survivor or orphan of a veteran or member who died before the age of 65, would provide to VAC as follows:

The Regulations would also set out the information required to assess continued eligibility for IRB or determine the amount of IRB to be paid for veterans 65 years old and over and survivors/orphans of veterans who died on or after the age of 65 (or when the member or veteran would have turned 65 years old) as follows:

Consistent with other benefits, the Regulations would set out the circumstances where the IRB payment could be suspended or cancelled. Should a person not provide the required information to assess continued eligibility or the IRB amount, or should a veteran who is required to participate in a rehabilitation plan to receive IRB not participate to the extent required to meet their rehabilitation goals, VAC could suspend the IRB payment. Where the person does not comply with the reason(s) for the suspension within six months, or the eligibility/IRB payment amount was based on misrepresentation or concealment of a material fact, VAC could cancel the payment of the benefit.

The Regulations would also be amended to include a requirement to provide written notification to the person about the reason(s) for the IRB payment being suspended or cancelled, the effective date of the suspension or cancellation, and the veteran’s right to have the cancellation decision reviewed (under section 83 of the Act), as with review rights for other benefits under Part 2 of the Act.

Rehabilitation Services and Vocational Assistance — Amendments to the Rehabilitation Services and Vocational Assistance section of the Regulations are required to support changes being made to the Act.

Rehabilitation services and vocational assistance application requirements for veterans would be amended to be consistent with IRB application requirements for veterans.

On April 1, 2019, veterans released from the CAF on medical grounds due to health problems not resulting primarily from service will only be eligible to receive access to medical and psychosocial services under rehabilitation services and vocational assistance. Therefore, the Regulations would be amended to remove the requirement for impacted individuals to provide information concerning their employment history, education, skills, training, and experience.

On April 1, 2024, access to medical and psychosocial rehabilitation services will close for those CAF veterans released on medical grounds due to a health problem not resulting primarily from service. Therefore, section 7 of the Regulations, which supports subsection 9(3) of the Act, would need to be repealed on that date, given section 9 of the Act is to be repealed on the same day.

Unless otherwise stated, all of these proposed regulatory amendments would come into force on April 1, 2019.

Public comment period

Interested parties may, within 30 days of the publication of this notice in the Canada Gazette, Part I, provide their input and questions on the proposed regulatory amendments to VAC.InfoLegislation-Legislationinfo.ACC@vac-acc.gc.ca.