Contents
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
1Short title#
This Act may be cited as the Injured Military Members Compensation Act.
Interpretation
2Definitions#
The following definitions apply in this Act.
Class “A” Reserve Service has the same meaning as in article 9.06 of the Queen’s Regulations and Orders for the Canadian Forces. (service de réserve de classe « A »)
Class “B” Reserve Service has the same meaning as in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces. (service de réserve de classe « B »)
Class “C” Reserve Service has the same meaning as in article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces. (service de réserve de classe « C »)
personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)
Designation
Compensation
4Right of compensation#
(1)A person who, while serving as a member of the regular force, or a member of the reserve force performing Class “B” Reserve Service for more than 180 days or Class “C” Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 3 if the Minister is satisfied that
(a)the injury is attributable to the person’s service with the Canadian Forces;
(b)the loss resulted directly from the injury;
(c)the loss was not caused directly or indirectly by a self-inflicted injury, even if caused by insanity, or by the person’s improper conduct, including their wilful disobedience of an order and vicious or criminal conduct;
(d)the person survived for a period of at least 30 days after the injury;
(e)the loss occurred within 90 days after the injury; and
(f)the person was not entitled to a lump-sum payment in respect of the injury under an insurance plan provided by the Government of Canada.
(2)A person who, while serving as a member of the reserve force performing Class “B” Reserve Service for 180 days or less or Class “A” Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 4 if the Minister is satisfied that the conditions in paragraphs (1)(a) to (f) are met.
(3)For the purposes of subsections (1) and (2) and the schedule, the loss of a hand or foot, or thumb and index finger, includes the loss of their use, and the loss of hearing or speech or of sight in one eye or both eyes means total and irrecoverable loss.
5Limitation#
The total benefits payable to a person in respect of an injury that may result in one or more losses shall not exceed $250,000 for a person referred to in subsection 4(1) or $100,000 for a person referred to in subsection 4(2).
6No benefit payable#
No benefit is payable for any loss caused wholly or partly, or directly or indirectly, by
(a)disease, bodily or mental infirmity or the medical treatment of the disease or infirmity; or
(b)ptomaines or bacterial infections, except an infection that is caused by the injury.
7Application made to Minister#
(2)If the person died before the coming into force of this Act, or dies after the coming into force of this Act without making an application, the person’s estate or succession may apply for the benefit and has the same rights and obligations that the person would have had under this Act.
(3)The Minister may require the applicant to provide
(a)any documentation necessary to substantiate their claim;
(b)any relevant information; and
(c)an affidavit or statutory declaration attesting to the truth of the information provided.
(4)The Minister shall consider an application without delay after its receipt and, in considering the application, may
(a)investigate the facts stated in the application and any other matter related to the application; and
(b)collect relevant material and information from the records of departments and agencies of the Government of Canada.
(6)The Minister shall notify the applicant of any decision made under subsection (5) and of the reasons for any refusal to approve the payment of a benefit.
8Benefit of doubt#
In making a decision under this Act, the Minister shall
(a)draw from the circumstances of the case, and the evidence presented to the Minister, every reasonable inference in favour of the applicant;
(c)resolve in favour of the applicant any doubt, in the weighing of evidence, as to whether the applicant has established a case.
9Decisions shall be made expeditiously#
Decisions of the Minister shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.
10Inquiries Act#
(1)The Minister has all the powers of a commissioner appointed under Part II of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act.
(2)Any officer or employee of the Department of National Defence or officer of the Canadian Forces, if designated by the Minister for the purpose, may, in the course of their employment or service, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of or incidental to the administration of this Act, and every person so designated has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits.
(3)The Minister may accept, for the purpose of the administration of this Act, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or employee of
(a)a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, or
(b)a department of the government of a province.
note
11Request for review#
(4)A decision of the Minister respecting a review is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court. The decision shall not be the subject of a grievance under section 29 of the National Defence Act.
note
General Provisions
13Information that shall be made available to Minister#
The following personal information relating to the person who sustained the injury shall, if requested by the Minister, be made available to the Minister to determine the applicant’s eligibility for a benefit:
(a)personal information collected or obtained by the Department of Veterans Affairs in the administration of the Pension Act or Part 3 of the Veterans Well-being Act;
(b)personal information collected or obtained by the Department of Transport in the administration of the Aeronautics Act, the Canada Shipping Act or the Canada Shipping Act, 2001 or any predecessor enactment relating to the same subject-matter; and
(c)personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.
note
14Information that Minister may disclose#
Personal information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister
(a)to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain information required for the administration of this Act; and
(b)to any officer or employee of the Department of National Defence or any member of the Canadian Forces, to the extent that the disclosure is required for the administration of this Act.
15Social Insurance Numbers#
If a Social Insurance Number has been used to identify the service or medical records of a member of the Canadian Forces, the Minister or other authority having custody of those records may use the Social Insurance Number for the purpose of making those records available.
16Definition of overpayment#
(1)In this section, overpayment means a benefit, or part of a benefit, that was paid to a person and to which the person had no entitlement.
(2)If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person, and the Minister may recover the debt
(a)in accordance with section 155 of the Financial Administration Act; or
(b)by proceedings in any court of competent jurisdiction.
(3)If a person has received or obtained an overpayment, the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment if the Minister is satisfied that
(a)the overpayment cannot be recovered within the reasonably foreseeable future;
(b)the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered;
(c)repayment of the overpayment would cause undue hardship to the person; or
(d)the overpayment is the result of an administrative error, delay or oversight on the part of a public servant or a member of the Canadian Forces.
17Immunity#
No action or other proceeding lies against any person for anything done or said in good faith in the administration of this Act.
18Deeming#
For the purposes of section 25 of the Pension Act, the payment of benefits under this Act is deemed not to be a compensation plan established by any other legislation of a similar nature.
Coordinating Amendments
(Section 4)
| Column 1 | Column 2 | Column 3 | Column 4Item | Loss | Period | Benefit (s. 4(1)) | Benefit (s. 4(2))1 | One hand or one foot, or sight in one eye | October 1, 1972 to February 12, 2003, inclusively | $125 000 | $ 50 0002 | Both hands, both feet, one hand and one foot, sight in both eyes, one hand and sight in one eye, or one foot and sight in one eye | October 1, 1972 to February 12, 2003, inclusively | $250 000 | $100 0003 | Hearing or speech | (a) April 1, 1986 to October 31, 1988, inclusively | $125 000 | $ 50 000(b) November 1, 1988 to February 12, 2003, inclusively | $250 000 | $100 0004 | Thumb and index finger of same hand | (a) November 1, 1988 to July 31, 1991, inclusively | $125 000 | $ 50 000(b) August 1, 1991 to February 12, 2003, inclusively | $ 62 500 | $ 25 000
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.