C-4423751-52Elizabeth II2003An Act to compensate military members injured during serviceInjured Military Members Compensation ActInjured Military Members Compensation20196
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I-9.8142003Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Injured Military Members Compensation Act.
Interpretation
DefinitionsThe 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 »)Minister means the Minister of National Defence. (ministre)personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)
Designation
Designation by MinisterSubject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act.LimitationIf the Minister has designated a person to make a decision under this Act, the Minister may not designate that same person to review the decision under subsection 11(1).
Compensation
Right of compensationA 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 thatthe injury is attributable to the person’s service with the Canadian Forces;the loss resulted directly from the injury;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;the person survived for a period of at least 30 days after the injury;the loss occurred within 90 days after the injury; andthe person was not entitled to a lump-sum payment in respect of the injury under an insurance plan provided by the Government of Canada.Right of compensationA 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.InterpretationFor 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.
LimitationThe 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).
No benefit payableNo benefit is payable for any loss caused wholly or partly, or directly or indirectly, bydisease, bodily or mental infirmity or the medical treatment of the disease or infirmity; orptomaines or bacterial infections, except an infection that is caused by the injury.
Application made to MinisterAny person referred to in section 4 may make an application to the Minister for a benefit in the manner required by the Minister.Deceased memberIf 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.RequirementsThe Minister may require the applicant to provideany documentation necessary to substantiate their claim;any relevant information; andan affidavit or statutory declaration attesting to the truth of the information provided.Consideration of applicationThe Minister shall consider an application without delay after its receipt and, in considering the application, mayinvestigate the facts stated in the application and any other matter related to the application; andcollect relevant material and information from the records of departments and agencies of the Government of Canada.DecisionAfter considering the application, the Minister shall approve the payment of the benefit if the Minister is satisfied that the applicant is entitled to a benefit, or refuse to approve the payment of the benefit in any other case.Notice of decision and reasonsThe 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.
Benefit of doubtIn making a decision under this Act, the Minister shalldraw from the circumstances of the case, and the evidence presented to the Minister, every reasonable inference in favour of the applicant;accept any uncontradicted evidence presented to the Minister by the applicant that the Minister considers to be credible in the circumstances; andresolve in favour of the applicant any doubt, in the weighing of evidence, as to whether the applicant has established a case.
Decisions shall be made expeditiouslyDecisions of the Minister shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.
Inquiries ActThe 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.Taking oaths, etc.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.Acceptance of oaths, etc.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 ofa department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, ora department of the government of a province.2003, c. 14, ss. 10, 22
Request for reviewAn applicant who is dissatisfied with a decision made by the Minister under this Act may request a review of the decision by the Minister. After receiving the request, the Minister shall review the decision.Review on Minister’s motionThe Minister may, on the Minister’s own motion, review a decision made under this Act.Confirmation, amendment or rescindingAfter reviewing the decision, the Minister may either confirm the decision or amend or rescind the decision if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or if new evidence is presented to the Minister.Decision is finalA 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.2003, c. 14, ss. 11, 21
Representation of applicantIn all matters under this Act, an applicant may, at their own expense, be represented by a representative of their choice.
General Provisions
Information that shall be made available to MinisterThe 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: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;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; andpersonal 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.2003, c. 14, ss. 13, 20; 2004, c. 11, s. 33; 2005, c. 21, s. 104; 2017, c. 20, s. 292
Information that Minister may disclosePersonal information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Ministerto 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; andto 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.
Social Insurance NumbersIf 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.
Definition of overpaymentIn 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.Recovery of overpaymentIf, 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 debtin accordance with section 155 of the Financial Administration Act; orby proceedings in any court of competent jurisdiction.Remission of overpaymentIf 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 thatthe overpayment cannot be recovered within the reasonably foreseeable future;the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered;repayment of the overpayment would cause undue hardship to the person; orthe 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.
ImmunityNo action or other proceeding lies against any person for anything done or said in good faith in the administration of this Act.
DeemingFor 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.
Benefit not taxedA benefit paid under this Act is not subject to tax under any Act of Parliament.Exemption from seizureA benefit payable under this Act is exempt from seizure.
Coordinating Amendments
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(Section 4)Column 1Column 2Column 3Column 4ItemLossPeriodBenefit (s. 4(1))Benefit (s. 4(2))1One hand or one foot, or sight in one eyeOctober 1, 1972 to February 12, 2003, inclusively$125 000$  50 0002Both 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 eyeOctober 1, 1972 to February 12, 2003, inclusively$250 000$100 0003Hearing 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 0004Thumb 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