Veterans Review and Appeal Board Regulations/Act


SOR/96-67

VETERANS REVIEW AND APPEAL BOARD ACT

Registration 1996-01-04

Regulations Prescribing the Procedure in Respect of Applications and Appeals to the Veterans Review and Appeal Board

P.C. 1996-17 1996-01-04

His Excellency the Governor General in Council, on the recommendation of the Minister of Veterans Affairs, pursuant to section 45 of the Veterans Review and Appeal Board Act*, is pleased hereby to repeal the Veterans Appeal Board Regulations, made by Order in Council P.C. 1987-2146 of October 15, 1987**, and to make the annexed Regulations prescribing the procedure in respect of applications and appeals to the Veterans Review and Appeal Board, in substitution therefor.

 *S.C. 1995, c. 18

**SOR/87-601, 1987 Canada Gazette Part II, p. 3949

SHORT TITLE

1. These Regulations may be cited as the Veterans Review and Appeal Board Regulations.

INTERPRETATION

2. In these Regulations,

APPLICATION FOR REVIEW OR RECONSIDERATION AND APPEALS

3. In any proceeding under the Act, other than an application for a compassionate award under subsection 34(1) of the Act, the applicant or appellant shall inform the Board whether they intend to proceed

(a) by written submission;

(b) by appearing personally, with or without making a written submission; or

(c) by having a representative appear, with or without making a written submission.

RECONSIDERATIONS

4. The review panel, appeal panel or Board, before convening a hearing to confirm, amend or rescind a decision, pursuant to subsection 23(1), 32(1) or 34(7) of the Act,

(a) shall inform the applicant or appellant of the facts and allegations in its possession; and

(b) shall provide the applicant or appellant with an opportunity to respond in writing.

  • SOR/2005-172, s. 1(E).

NOTICE AND INFORMATION

5. (1) When the Board receives an application for review, an application for reconsideration referred to in subsection 32(1) or 34(7) of the Act, a notice of appeal or an application for a compassionate award under subsection 34(1) of the Act, or initiates a reconsideration pursuant to subsection 23(1), 32(1) or 34(7) of the Act, the Board shall

(a) notify the Minister; and

(b) retrieve from the Department of Veterans Affairs’ records

(i) a copy of the decision, and

(ii) any relevant material, including

(A) all evidence submitted in the proceedings, and

(B) any recording or transcript of the proceedings.

(2) The Board shall notify the applicant or appellant of

(a) its receipt of the material from the Department of Veterans Affairs’ records; and

(b) the date on which the review, reconsideration or appeal shall be heard.

QUESTIONS OF INTERPRETATION

6. (1) Where a question of interpretation is raised by an appellant pursuant to section 30 of the Act, or is referred to the Board pursuant to section 37 of the Act, the appellant or the person or organization shall submit to the Board

(a) a statement of the question; and

(b) the facts and arguments to be relied on at the hearing of the question.

(2) Where it is of the opinion that the question is not trivial, frivolous or vexatious, the Board shall

(a) in the case of a question raised pursuant to section 30 of the Act, stay the appeal proceedings;

(b) notify the persons and organizations named in section 2 of the Prescribed Persons and Organizations Regulations, other than those who referred the question to the Board; and

(c) annex to the notice a copy of the question and arguments raised by the appellant or referred by the person or organization.

DECISIONS

7. Every decision of the Board shall

(a) state the issue on review, reconsideration or appeal, or the question of interpretation;

(b) state the reasons for the decision;

(c) state the names of the members who took part in the decision;

(d) include the signature of at least one of the members who took part in the decision;

(e) in the case of a review panel decision, inform the applicant that the applicant has the right to appeal to the Board and that, in pursuing this right of appeal, the applicant may be represented, free of charge, by the Bureau of Pensions Advocates or a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative;

(f) in the case of an appeal panel decision, annex to the decision the reasons for dissent, if any, signed by the dissenting members of the appeal panel.

NOTICE OF DECISION

8. The Board shall send written notice of its decision

(a) in the case of an application for review or an application for reconsideration pursuant to subsection 32(1) of the Act, to the applicant and to the Minister;

(b) in the case of an appeal, to the appellant and to the Minister;

(c) in the case of a question of interpretation raised by the appellant,

(i) to the persons referred to in paragraph (b), and

(ii) to the persons and organizations named in section 2 of the Prescribed Persons and Organizations Regulations;

(d) in the case of a referral of a question of interpretation to the Board

(i) to the person or organization who referred the question to the Board, and to the Minister, and

(ii) to the persons and organizations named in section 2 of the Prescribed Persons and Organizations Regulations, other than the person or organization referred to in subparagraph (i);

(e) in the case of an application for a compassionate award under subsection 34(1) of the Act or an application for reconsideration pursuant to subsection 34(7) of the Act, to the applicant and to the Minister; and

(f) in the case of a reconsideration by the Board on its own motion pursuant to subsection 23(1), 32(1) or 34(7) of the Act, to the applicant or appellant and to

Veterans Review and Appeal Board Act

1995, c. 18

[Assented to June 22nd, 1995]

An Act to establish the Veterans Review and Appeal Board, to amend the Pension Act, to make consequential amendments to other Acts and to repeal the Veterans Appeal Board Act, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Veterans Review and Appeal Board Act

 

INTERPRETATION

Definitions

In this Act, “Board” means the Veterans Review and Appeal Board established by section 4;

“Bureau” means the Bureau of Pensions Advocates continued by section 6.1 of the Department of  Veterans Affairs Act

“member” means a permanent or temporary member of the Board;

 “Minister” means the Minister of Veterans Affairs or such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act;

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“prescribed” means prescribed by the regulations.

 1995, c. 18, s. 2; 2000, c. 34, ss. 94(F), 95(F).

Construction

The provisions of this Act and of any other Act of Parliament or of any regulations made under this or any other Act of Parliament conferring or imposing jurisdiction, powers, duties or functions on the Board shall be liberally construed and interpreted to the end that the recognized obligation of the people and Government of Canada to those who have served their country so well and to their dependants may be fulfilled.

ESTABLISHMENT OF BOARD

There is hereby established an independent board, to be known as the Veterans Review and Appeal Board, consisting of not more than twenty-nine permanent members to be appointed by the Governor in Council and such number of temporary members as are appointed in accordance with section 6.

Permanent members

A permanent member holds office during good behaviour.

 Term

A permanent member shall be appointed for a term not exceeding ten years and is eligible to be reappointed.

Temporary members

 The Governor in Council may appoint temporary members of the Board whenever, in the opinion of the Governor in Council, the workload of the Board so requires.

Tenure

A temporary member holds office during good behaviour.

Term

A temporary member shall be appointed for a term not exceeding two years and is eligible to be reappointed for one additional term.

Acting after ceasing to hold office

 A person who has resigned or otherwise ceased to hold office as a member may, at the request of the Chairperson, at any time within eight weeks after that event, make or take part in the disposition of any appeal, review, reference or other matter in which the person became engaged while holding that office, and a person performing duties under this subsection is deemed to be a temporary member of the Board.

Disposition where member unable to take part 

Where a person to whom subsection (1) applies or any other member by whom a matter has been heard is unable to take part in the disposition of the matter or has died, the remaining members, if any, who heard the matter may make the disposition and, for that purpose, are deemed to constitute the Board.

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Chairperson and Deputy Chairperson

The Governor in Council shall designate a Chairperson and a Deputy Chairperson from among the permanent members.

 Chief executive officer

The Chairperson is the chief executive officer of the Board and has supervision over and direction of the work of the Board including the allocation of work among its members, the conduct of its work, the management of its internal affairs and the duties of its staff.

Reports

The Chairperson shall make such reports to the Minister as the Minister may require respecting the use of the resources allocated to the Board.

Acting Chairperson

If the Chairperson is absent or unable to act or the office of Chairperson is vacant, the Deputy Chairperson shall act as Chairperson.

Acting Chairperson

If both the Chairperson and Deputy Chairperson are absent or unable to act or both offices are vacant, a member designated by the Minister shall act as Chairperson.

Full-time occupation

A member shall perform their duties under this Act on a full-time basis and shall not hold any office or engage in any occupation inconsistent with those duties.

Remuneration and allowances

A member shall be paid such remuneration and allowances as may be fixed by the Governor in Council.

Travel and living expenses

A member is entitled to be paid reasonable travel and living expenses incurred by them while absent from their ordinary place of work in connection with the work of the Board.

Presumption

A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Presumption

A member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.  

1995, c. 18, s. 11; 2003, c. 22, s. 224(E), 225(E).

Head office

The head office of the Board shall be at such place in Canada as the Governor in Council may designate.

Officers and employees

Such officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act.

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POWERS, DUTIES AND FUNCTIONS

Powers

The Board and each member have, with respect to the carrying out of the Board’s duties and functions under this Act, all the powers of a commissioner appointed under Part I of the Inquiries Act.

Access to records

Subject to any other Act of Parliament and any regulations made under any other Act of Parliament, the Board may inspect the records of the Department of Veterans Affairs and all material relating to any proceeding before the Board.

 1995, c. 18, s. 15; 2000, c. 34, s. 94(F).

Additional powers, duties and functions

The Board shall exercise such powers and shall perform such duties and functions as are conferred or imposed on it by or pursuant to any other Act of Parliament or any order of the Governor in Council.

Panels

Subject to subsections 19(1), 27(1), 34(2) and 44(2), the Chairperson may establish panels of one or more members to exercise any power or perform any duty or function of the Board designated by the Chairperson.

REVIEW

Exclusive jurisdiction

The Board has full and exclusive jurisdiction to hear, determine and deal with all applications for review that may be made to the Board under the Pension Act or the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and all matters related to those applications.

 1995, c. 18, s. 18; 2005, c. 21, s. 110.

Review panels

(1) Subject to subsection (2), an application for review shall be heard, determined and dealt with by a review panel consisting of not fewer than two members or, with the consent of the applicant, one member designated by the Chairperson.

Refusal to establish review panel

(2) The Chairperson, or any member to whom the Chairperson has delegated the authority, may refuse to establish a review panel to hear an application for review of a decision concerning the amount of an award under the Pension Act , or the amount of a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, if the Chairperson or member, as the case may be, considers the application to be such that no reasonable review panel could dispose of it in a manner favourable to the applicant.

1995, c. 18, s. 19; 1999, c. 10, s. 38; 2000, c. 34, s. 66(F); 2005, c. 21, s. 111.

Written and oral submissions

An applicant may make a written submission to the review panel or may appear before it, in person or by a representative, to present evidence and arguments.

Disposition of application

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Review panel may affirm, vary or reverse the decision of the Minister being reviewed; refer any matter back to the Minister for reconsideration; or refer any matter not dealt with in the decision back to the Minister for a decision.

Decision to be made as soon as possible

A review panel shall make its decision as soon as possible and shall notify the applicant of the decision.

Decision of majority

A decision of a majority of the members of a review panel is a decision of the Board.

Absence of majority decision

In the absence of a majority decision, the decision most favourable to the applicant is the decision of the Board.

Reconsideration of decisions

A review panel may, on its own motion, reconsider a decision made by it under section 21 or this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law.

Board may exercise powers

The Board may exercise the powers of a review panel under subsection (1) if the members of the review panel have ceased to hold office as members.

Applicant and witnesses to be paid expenses, etc.

An applicant and each witness called by an applicant who attends a hearing by a review panel are entitled to be paid a travel and living expenses incurred in attending the hearing, in accordance with regulations made in relation to veterans health care under subsection 5(1) of the Department of Veterans Affairs Act; and in the case of a witness who is a medical practitioner, such attendance fee as may be fixed by the Treasury Board.

1995, c. 17, s. 73, c. 18, s. 24; 2000, c. 34, s. 95(F).

Appeal

An applicant who is dissatisfied with a decision made under section 21 or 23 may appeal the decision to the Board.

APPEALS

Exclusive jurisdiction

The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals that may be made to the Board under section 25 or under the War Veterans Allowance Act or any other Act of Parliament, and all matters related to those appeals.

 Appeal panel

An appeal shall be heard, determined and dealt with by an appeal panel consisting of  not fewer than three members designated by the Chairperson.

 

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Prohibition

A member of a review panel may not sit on an appeal panel that has been established to hear an appeal of a decision made by that review panel.

Written and oral submissions

Subject to subsection (2), an appellant may make a written submission to the appeal panel or may appear before it, in person or by representative and at their own expense, to present evidence and oral arguments.

Documented evidence

Only documented evidence may be submitted under subsection (1).

Disposition of appeals

1) An appeal panel may affirm, vary or reverse the decision being appealed;  refer any matter back to the person or review panel that made the decision being appealed for reconsideration, re-hearing or further investigation; or refer any matter not dealt with in the decision back to that person or review panel for a decision.

Where matter cannot be referred to review panel

Where the members of a review panel have ceased to hold office or for any other reason a matter cannot be referred to that review panel under paragraph (1)(b) or (c), the appeal panel may refer the matter to the Chairperson who shall establish a new review panel in accordance with subsection 19(1) to consider, hear, investigate or decide the matter, as the case may be.

Questions of interpretation

Where the appellant raises a question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act and the appeal panel is of the opinion that the question is not trivial, frivolous or vexatious, it shall notify the prescribed persons or organizations and give them an opportunity to present argument on the question before it makes its decision.

1995, c. 18, s. 30; 2005, c. 21, s. 112.

Decision of majority

A decision of the majority of members of an appeal panel is a decision of the Board and is final and binding.

 Reconsideration of decisions

Notwithstanding section 31, an appeal panel may, on its own motion, reconsider a decision made by it under subsection 29(1) or this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may do so on application if the person making the application alleges that an error was made with respect to any finding of fact or the interpretation of any law or if new evidence is presented to the appeal panel.

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Board may exercise powers

The Board may exercise the powers of an appeal panel under subsection (1) if the members of the appeal panel have ceased to hold office as members.

Other sections applicable

Sections 28 and 31 apply, with such modifications as the circumstances require, with respect to an application made under subsection (1).

Appeal to Tax Court of Canada

Notwithstanding section 31, an appeal lies to the Tax Court of Canada from any decision of an appeal panel as to income or as to the source of income, for the purposes of the War Veterans Allowance Act or Part XI of the Civilian War-related Benefits Act, of a person or their spouse, or both; or a person or their common-law partner, or both.

Meaning of “common-law partner”

(2) In paragraph (1)(b), “common-law partner” has the same meaning as in subsection 2(1) of the War Veterans Allowance Act.

 1995, c. 18, s. 33; 1999, c. 10, s. 39; 2000, c. 12, s. 315.

COMPASSIONATE AWARDS

Application for compassionate award

(1) A person who has been refused an award under the Pension Act , or a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, and who has exhausted all procedures for review and appeal under this Act may apply to the Board for a compassionate award.

Panel

(2) An application for a compassionate award shall be heard, determined and dealt with by a panel consisting of not fewer than three members designated by the Chairperson.

Granting of compassionate award

(3) A panel may grant a compassionate award if it considers the case to be specially meritorious and the applicant is unqualified to receive an award under the Pension Act , or a disability award, a death benefit, a clothing allowance or a detention benefit under Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

 Amount

(4) The amount of a compassionate award shall be any sum that the panel may fix, but may not exceed the amount to which the applicant would have been entitled if the applicant’s claim under the Pension Act or the Canadian Forces Members and Veterans Re-establishment and Compensation Act had been upheld.

 Review by Minister

(5) The Minister may from time to time vary the amount of a compassionate award that is subject to being varied in accordance with the applicant’s dependent condition.

Adjustment

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The amount of a compassionate award shall be adjusted at the same times and by the same percentage as the basic pension is adjusted under subsection 75(1) of the Pension Act.

Death of recipient

(6.1) On the death of a person to whom a compassionate award has been granted, the Pension Act applies in respect of a survivor or surviving child of that person in the same manner as it would apply if the compassionate award had been an award within the meaning of that Act.

Meaning of “survivor” and “child”

(6.2) In subsection (6.1), “survivor” and “child” have the same meaning as in the Pension Act.

 Reconsideration of decisions

(7) The Board may, on its own motion, reconsider a decision made by it under this section and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may do so on application if new evidence is presented to the Board.

Definition of “compassionate award”

(8) In this section, “compassionate award” means a compassionate pension, allowance or supplementary award.

1995, c. 18, s. 34; 2000, c. 34, s. 67; 2005, c. 21, s. 113.

GENERAL

Representation

In all proceedings under this Act, an applicant or appellant may choose to be represented by a pensions advocate from the Bureau, by a service bureau of a veterans’ organization or, at the person’s own expense, by any other representative of the person’s choice.

Place and time of sittings

(1) The Board shall sit at such places in Canada and at such times as may be fixed by the Chairperson, having regard to the convenience of the applicant and the Board.

Hearings to be public

(2) Every hearing before the Board shall be open to the public except where the applicant or appellant requests that the hearing be closed and the Board is of the opinion that a closed hearing would not be contrary to the public interest.

1995, c. 18, s. 36; 1999, c. 10, s. 40.

Questions of interpretation

(1) The Minister, the Chief Pensions Advocate, any veterans’ organization incorporated by or under an Act of Parliament or any interested person may refer to the Board for a hearing and decision on any question of interpretation relating to this Act, to the Pension Act, to Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, to any other Act of Parliament pursuant to which an appeal may be taken to the Board or to any regulations made under any such Act.

Notice

(2) Before making a decision on a question referred to it, the Board shall notify the prescribed persons or organizations and give them an opportunity to present argument on the question.

Refusal to hear trivial questions

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(3) The Board may refuse to hear and decide any question referred to it under this section that it considers to be trivial, frivolous or vexatious.

1995, c. 18, s. 37; 2005, c. 21, s. 114.

Medical opinion

(1) The Board may obtain independent medical advice for the purposes of any proceeding under this Act and may require an applicant or appellant to undergo any medical examination that the Board may direct.

Notification of intention

(2) Before accepting as evidence any medical advice or report on an examination obtained pursuant to subsection (1), the Board shall notify the applicant or appellant of its intention to do so and give them an opportunity to present argument on the issue.

Rules of evidence

In all proceedings under this Act, the Board shall draw from all the circumstances of the case and all the evidence presented to it every reasonable inference in favour of the applicant or appellant; accept any uncontradicted evidence presented to it by the applicant or appellant that it considers to be credible in the circumstances; and resolve in favour of the applicant or appellant any doubt, in the weighing of evidence, as to whether the applicant or appellant has established a case.

Expeditious proceedings

All proceedings before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit.

 Immunity

No action or other proceeding lies against any person for or in respect of anything done, reported or said in good faith in any proceedings before the Board or anything reported or said in good faith in any material, information or report made or furnished by any person at the request of the Board.

Inquiries

(1) The Chairperson may recommend to the Minister that an inquiry be held to determine whether a member should be subject to disciplinary or remedial measures for any reason set out in any of paragraphs 43(2)(a) to (d).

 Judge to conduct inquiry

(2) If the Minister considers it appropriate that an inquiry be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 43 referred to as a “judge”, shall conduct the inquiry.

Powers

(3) A judge conducting an inquiry has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power to issue to any person a summons requiring them to appear at the time and place mentioned in the summons to testify with respect to all matters within their knowledge relative to the inquiry and to bring and produce any thing that they have or control relative to the inquiry; and to administer oaths and examine any person on oath.

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Inquiry public

(4) Subject to subsections (5) and (6), an inquiry shall be conducted in public.

Confidentiality

(5) A judge conducting an inquiry may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry if the judge is satisfied that financial or personal or other matters may be disclosed and are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public.

Confidentiality

(6) Where the judge considers it appropriate to do so, the judge may take any measures or make any order that the judge considers necessary to ensure the confidentiality of any hearing held in respect of an application referred to in subsection (5).

Rules of evidence

(7) A judge conducting an inquiry is not bound by any legal or technical rules of evidence and, in any proceedings of the inquiry, the judge may receive and base a decision on evidence adduced in the proceedings and considered credible or trustworthy in the circumstances of the case.

Right to be heard

(8) Every member in respect of whom an inquiry is held shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to adduce evidence.

1995, c. 18, s. 42; 2002, c. 8, s. 179.

Report of inquiry

(1) After an inquiry has been completed, the judge who conducted the inquiry shall submit a report of the conclusions of the inquiry to the Minister.

Recommendations

(2) Where an inquiry has been held and, in the opinion of the judge who conducted the inquiry, the member in respect of whom the inquiry was held has become incapacitated from the due execution of their office by reason of infirmity, is guilty of misconduct, has failed in the due execution of their office, or has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of their office, the judge may, in the report of the inquiry, recommend that the member be suspended without pay or removed from office or may recommend that such remedial measure as the judge considers necessary be taken.

Governor in Council may suspend or remove

(3) Where the Minister receives a report under subsection (1), the Minister shall send a copy of the report to the Governor in Council, who may suspend the member to whom the report relates without pay, remove the member from office or take any remedial measure.

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RULES AND REGULATIONS

Rules

(1) The Board may make rules, not inconsistent with the regulations, governing the proceedings, practice and procedures of the Board.

Quorum

(2) A majority of permanent members in office constitutes a quorum for the purpose of making rules under subsection (1).

Regulations

The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations prescribing the procedure to be followed in respect of applications, appeals or other matters under this Act; prescribing the information to be provided in connection with an application or appeal; prescribing the information to be included in the Board’s decisions; governing the giving of notice of the Board’s decisions; and prescribing persons or organizations for the purposes of sections 30 and 37.

AMENDMENTS TO THE PENSION ACT

 46. to 76.

 [Amendments]

CONSEQUENTIAL AMENDMENTS

 77. to 104.

 [Amendments]

REPEAL

 105.

 [Repeal]

TRANSITIONAL

Members of Veterans Appeal Board cease to hold office 106.

(1) The Chairman, Deputy Chairman and other members of the Veterans Appeal Board cease to hold office on the day on which this section comes into force.

 Staff

(2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Veterans Appeal Board, except that the employee shall, on the coming into force of this section, occupy their position in the Veterans Review and Appeal Board under the authority of the Chairperson of that Board.

Definition of “employee”

(3) In this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

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Members of Canadian Pension Commission cease to hold office 107.

(1) The Chairman, Deputy Chairman and other members of the Canadian Pension Commission cease to hold office on the day on which this section comes into force.

Staff

(2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Canadian Pension Commission, except that the employee shall, on the coming into force of this section, occupy their position in the Veterans Review and Appeal Board under the authority of the Chairperson of that Board.

Definition of “employee”

(3) In this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Chief Pensions Advocate ceases to hold office 108.

(1) The Chief Pensions Advocate appointed pursuant to subsection 18(1) of the Pension Act, as it read immediately before the day on which section 47 of this Act comes into force, ceases to hold office on the day on which that section comes into force.

Staff

(2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupies a position in the Bureau of Pensions Advocates, except that the employee shall, on the coming into force of this section, occupy their position in the Department of Veterans Affairs under the authority of the Deputy Minister of Veterans Affairs.

Definition of “employee”

(3) In this section, “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

 1995, c. 18, s. 108; 2000, c. 34, s. 94(F).

Pending applications for awards 109.

(1) Applications for awards pending before the Canadian Pension Commission on the day on which section 47 of this Act comes into force shall be transferred to the Minister of Veterans Affairs and dealt with in accordance with the Pension Act, as amended by this Act.

 Pending applications for compassionate awards

(2) Applications made under section 33 of the Pension Act, as it read immediately before the day on which section 53 of this Act comes into force, that are pending before the Canadian Pension Commission on the day on which that section comes into force shall be transferred to the Veterans Review and Appeal Board and dealt with in accordance with section 34 of the Veterans Review and Appeal Board Act , as enacted by this Act.

1995, c. 18, s. 109; 2000, c. 34, s. 94(F).

Pending proceedings 110.

 (1) Proceedings pending on the day on which section 73 of this Act comes into force before members of the Canadian Pension Commission or an Entitlement Board under section 87 or 88 of the Pension Act, as that Act read immediately before the day on which section 73 of this Act comes into force, shall be taken up and continued under and in conformity with the Veterans Review and Appeal Board Act, as enacted by this Act, and the Pension Act , as amended by this Act, before a review panel of the Veterans Review and Appeal Board established in accordance with section 19 of the Veterans Review and Appeal Board Act.

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Pending proceedings

(2) Proceedings pending before the Veterans Appeal Board on the day on which section 105 of this Act comes into force shall be taken up and continued under and in conformity with the Veterans Review and Appeal Board Act , as enacted by this Act, and the Pension Act, as amended by this Act, before an appeal panel of the Veterans Review and Appeal Board established in accordance with section 27 of the Veterans Review and Appeal Board Act.

Reconsideration of decisions of predecessor bodies

The Veterans Review and Appeal Board may, on its own motion, reconsider any decision of the Veterans Appeal Board, the Pension Review Board, the War Veterans Allowance Board, or an Assessment Board or an Entitlement Board as defined in section 79 of the Pension Act, and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may, in the case of any decision of the Veterans Appeal Board, the Pension Review Board or the War Veterans Allowance Board, do so on application if new evidence is presented to it.

 1995, c. 18, s. 111; 1999, c. 10, s. 41.

Transfer of property and moneys in trust 112.

 Any property and moneys conveyed in trust to the Canadian Pension Commission pursuant to section 10 of the Pension Act, as it read immediately before the day on which section 47 of this Act comes into force, are on that day transferred to the Minister of Veterans Affairs, and the Minister shall administer the property or moneys in accordance with section 6 of the Pension Act, as enacted by section 47 of this Act.

1995, c. 18, s. 112; 2000, c. 34, s. 94(F).

Transfer of appropriations 113.

(1) Any amount appropriated, for the fiscal year in which this Act comes into force, by an appropriation Act based on the Estimates for that year, for defraying the charges and expenses of the Veterans Appeal Board or the Canadian Pension Commission and that, on the day on which this section comes into force, is unexpended shall be applied, in such manner as the Treasury Board may determine, to defray the charges and expenses of the Department of Veterans Affairs and the Veterans Review and Appeal Board.

Transfer of appropriations

(2) Any amount appropriated, for the fiscal year in which this Act comes into force, by an appropriation Act based on the Estimates for that year, for defraying the charges and expenses of the Bureau of Pensions Advocates and that, on the day on which this section comes into force, is unexpended shall be applied, in such manner as the Treasury Board may determine, to defray the charges and expenses of the Department of Veterans Affairs.

CONDITIO

1995, c. 18, s. 113; 2000, c. 34, s. 94(F).

CONDITIONAL PROVISIONS 114. to 118.

 [Amendments]

COMING INTO FORCE

Coming into force 

(1) Subject to subsection (2), this Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council.

Coming into force

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Last updated: 2011-03-17

(2) Sections 114 to 118 come into force on the day on which this Act is assented to.

* [Note: Sections 1 to 113 in force September 15, 1995, see SI/95-108.]

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