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Regulatory Stock Review Plan

This Regulatory Stock Review Plan is a public list and description of planned reviews of regulations that Veterans Affairs Canada plans to undertake in fiscal years 2023/24 and 2024/25. It is intended to give Veterans, Veteran stakeholder groups, and other Canadians, including Indigenous peoples, greater opportunity to inform the reviews of VAC regulations and assist in planning for the future. The Regulatory Stock Review Plan will be updated over time to reflect changes in VAC’s policy and regulatory environment.

Reviews planned in 2023-2025

Veterans Well-being Regulations

Title of the Regulations

Veterans Well-being Regulations, SOR/2006-50

Enabling Act(s)

VETERANS WELL-BEING ACT

DEPARTMENT OF VETERANS AFFAIRS ACT

CANADIAN FORCES MEMBERS AND VETERANS RE-ESTABLISHMENT AND COMPENSATION ACT

Rationale

The Veterans Well-being Regulations will be reviewed to assess their effectiveness and continued relevance and to ensure alignment with ongoing and evolving policy objectives and priorities for Veterans and their families.

Narrative

The Veterans Well-being regulations encompasses 10 different programs under the responsibility of the Minister of Veterans Affairs Canada. The review of these regulations will be conducted in phases to align with other initiatives such as audit or evaluation of the program to which it pertains.

The purpose of the Veterans Well-being Act is to recognize and fulfil the obligation of the people and Government of Canada to show just and due appreciation to Canadian Armed Forces members and Veterans for their service to Canada. This obligation includes providing services, assistance and compensation to members and Veterans who have been injured or have died as a result of military service and extends to their spouses or common-law partners or survivors and orphans.

The programs under the Veterans Well-being Act are designed to promote well-being and help Veterans adjust to life at home, in their community or at work. Depending on the circumstances and needs, health professionals and other service providers can help Veterans adapt to their service related illness or injury.

These regulations include the following benefits and programs;

  • Part 1 - Career Transition Services – last amended 2017
  • Part 1.1 Education and Training Benefit – last amended 2017 – WILL BE REVIEWED IN 2023
  • Part 2 - Rehabilitation Services, Vocational Assistance and Financial Benefits – WILL BE REVIEWED IN 2024/2025
    Income Replacement Benefit – last amended 2019 – WILL BE REVIEWED IN 2024
    Canadian Forces Income Support – WILL BE REVIEWED IN 2024/2025
  • Part 3 – Death, Disability and Detention
    • Critical Injury Benefit – last amended 2015
    • Pain and Suffering Compensation– last amended 2019
    • Additional Pain and Suffering Compensation – last amended 2019
    • Death Benefit – last amended 2018
    • Clothing Allowance – last amended 2006
    • Detention Benefit – last amended 2011
  • Part 3.1 – Caregiver Recognition Benefit – last amended 2017
  • Part 4 – General - last amended 2017

Date of last review or amendment

April 2019

Targeted start for review

Ongoing

For Further Information

Veterans Well-being Act (justice.gc.ca)

Veterans Well-being Regulations (justice.gc.ca)

Stakeholder Feedback

Many of the department’s regulations are reviewed on an ongoing basis in response to input from stakeholders including Veterans organizations, the Office of the Veterans Ombudsman, Ministerial Advisory Committees, and Veterans and their families. Other considerations in reviewing regulations may be based on issues arising from legal challenges and internal review processes such as audit and evaluation findings. A variety of methods may also be used to solicit input from stakeholders through the use of communication tools that support meaningful and inclusive consultation and engagement, with consideration given to any limitations on accessibility for stakeholders, including Indigenous peoples.

Where, as part of the review process, issues are identified which impact Veterans and their families, public consultation may occur with stakeholders to solicit additional input through available communication channels such as Let's Talk Veterans (letstalkveterans.ca). In addition, as part of the regular process, proposed regulatory changes are posted for public consultation in the Canada Gazette Part 1. All of these processes contribute to the ongoing review and maintenance of the Department’s regulations.

Departmental contact:

For information please send your inquiries to the following:

Regulations-reglements@veterans.gc.ca

All emails sent to this inbox will be acknowledged to confirm receipt.

  • Review of Part 1.1 Education and Training Benefit
  • Review of Part 2 Rehabilitation Services and Vocational Assistance
  • Review of Part 2 Income Replacement Benefit
  • Review of Part 2 Canadian Forces Income Support
Returned Soldiers’ Insurance Regulations

Title of the Regulations

Returned Soldiers’ Insurance Regulations. C.R.C. 1978, C.1390

Enabling Act

Returned Soldiers’ Insurance Act. S.C. 1920, c. 54

Rationale

The Returned Soldiers’ Insurance Regulations will be reviewed to assess their effectiveness and continued relevance and to ensure alignment with ongoing and evolving policy objectives and priorities for Veterans and their families.

Narrative

The Returned Soldiers’ Insurance Act gives authority to the Minister to enter into an insurance contract with any returned soldier of the First World War, or with any widow or widower, providing for the payment of five hundred dollars or any multiple thereof, not, however, exceeding five thousand dollars in the event of the death of the insured.

This Act was introduced in 1920 with the intent that it was applicable to soldiers returning from World War 1 or those who served in any of the naval, military or air forces in the said war and were honorably discharged. The insurance policies could be established until 1933.

The Returned Soldiers’ Insurance Regulations describe payment options, consequences of failure to pay premiums, and cash surrender values.

Date of last review or amendment

Unknown

Targeted start for review

2023 / 2024 fiscal year

For Further Information

Returned Soldiers’ Insurance Regulations (justice.gc.ca)

Returned Soldiers’ Insurance Act (justice.gc.ca)

Stakeholder Feedback

Many of the department’s regulations are reviewed on an ongoing basis in response to input from stakeholders including Veterans organizations, the Office of the Veterans Ombudsman, Ministerial Advisory Committees, and Veterans and their families. Other considerations in reviewing regulations may be based on issues arising from legal challenges and internal review processes such as audit and evaluation findings. A variety of methods may also be used to solicit input from stakeholders through the use of communication tools that support meaningful and inclusive consultation and engagement, with consideration given to any limitations on accessibility for stakeholders, including Indigenous peoples.

Where, as part of the review process, issues are identified which impact Veterans and their families, public consultation may occur with stakeholders to solicit additional input through available communication channels such as Let's Talk Veterans (letstalkveterans.ca). In addition, as part of the regular process, proposed regulatory changes are posted for public consultation in the Canada Gazette Part 1. All of these processes contribute to the ongoing review and maintenance of the Department’s regulations.

Departmental contact:

For information please send your inquiries to the following:

Regulations-reglements@veterans.gc.ca

All emails sent to this inbox will be acknowledged to confirm receipt.

Veterans Insurance Regulations

Title of the Regulations

Veterans Insurance Regulations. C.R.C. c. 1587

Enabling Act

Veterans Insurance Act, R.S.C. 1970, c. V-3

Rationale

The Veteran’s Insurance Regulations will be reviewed to assess their effectiveness and continued relevance and to ensure alignment with ongoing and evolving policy objectives and priorities for Veterans and their families.

Narrative

The Veterans Insurance Act passed in 1944 came into force in 1945, allowing the Minister to enter into a contract of life insurance with Veterans who engaged in service in the Second World War and were subsequently discharged from service. The insurance provides for the payment of five hundred dollars or any multiple thereof not exceeding ten thousand dollars, in the event of the death of the insured. This Act was extended into 1951 to include Korean War. The Veterans Insurance Regulations prescribe administrative parameters, premium payments and cash surrender values.

Date of last review or amendment

Unknown

Targeted start for review

2023/2024 fiscal year.

For Further Information

Veterans Insurance Regulations (justice.gc.ca)

Veterans Insurance Act (justice.gc.ca)

Stakeholder Feedback

Many of the department’s regulations are reviewed on an ongoing basis in response to input from stakeholders including Veterans organizations, the Office of the Veterans Ombudsman, Ministerial Advisory Committees, and Veterans and their families. Other considerations in reviewing regulations may be based on issues arising from legal challenges and internal review processes such as audit and evaluation findings. A variety of methods may also be used to solicit input from stakeholders through the use of communication tools that support meaningful and inclusive consultation and engagement, with consideration given to any limitations on accessibility for stakeholders, including Indigenous peoples.

Where, as part of the review process, issues are identified which impact Veterans and their families, public consultation may occur with stakeholders to solicit additional input through available communication channels such as Let's Talk Veterans (letstalkveterans.ca). In addition, as part of the regular process, proposed regulatory changes are posted for public consultation in the Canada Gazette Part 1. All of these processes contribute to the ongoing review and maintenance of the Department’s regulations.

Departmental contact:

For information please send your inquiries to the following:

Regulations-reglements@veterans.gc.ca

All emails sent to this inbox will be acknowledged to confirm receipt.

Guardianship of Veterans’ Property Regulations

Title of the Regulations

Guardianship of Veterans’ Property Regulations, C.R.C., c.1579

Enabling Act

Department of Veterans Affairs Act

Rationale

The Guardianship of Veterans’ Property Regulations will be reviewed to assess their effectiveness and continued relevance and to ensure alignment with ongoing and evolving policy objectives and priorities for Veterans and their families.

Narrative

The Guardianship of Veterans’ Property Regulations, grants authority to the Deputy Minister to assume guardianship over property or moneys payable to or on behalf of, any person receiving care or treatment under the Department of Veterans Affairs Act. (or their dependents). The Regulations describe the processes and administration of the guardianship.

Date of last review or amendment

Unknown

Targeted start for review

2024/2025 fiscal year

For Further Information

Guardianship of Veterans’ Property Regulations (justice.gc.ca)

Department of Veterans Affairs Act (justice.gc.ca)

Stakeholder Feedback

Many of the department’s regulations are reviewed on an ongoing basis in response to input from stakeholders including Veterans organizations, the Office of the Veterans Ombudsman, Ministerial Advisory Committees, and Veterans and their families. Other considerations in reviewing regulations may be based on issues arising from legal challenges and internal review processes such as audit and evaluation findings. A variety of methods may also be used to solicit input from stakeholders through the use of communication tools that support meaningful and inclusive consultation and engagement, with consideration given to any limitations on accessibility for stakeholders, including Indigenous peoples.

Where, as part of the review process, issues are identified which impact Veterans and their families, public consultation may occur with stakeholders to solicit additional input through available communication channels such as Let's Talk Veterans (letstalkveterans.ca). In addition, as part of the regular process, proposed regulatory changes are posted for public consultation in the Canada Gazette Part 1. All of these processes contribute to the ongoing review and maintenance of the Department’s regulations.

Departmental contact:

For information please send your inquiries to the following:

Regulations-reglements@veterans.gc.ca

All emails sent to this inbox will be acknowledged to confirm receipt.

Recent Regulatory Amendments:

  • Veterans Health Care Regulations – last amended 1 April 2022
    Mental Health Benefits
    1. Changes to Veterans Health Care Regulations - Definitions: (March 2022)

    Enabling Act

    Department of Veterans Affairs Act

    Description of changes

    1. The definition dual service veteran in section 2 of the Veterans Health Care Regulations is repealed; Paragraph (a) of the definition client in section 2 of the Regulations is replaced by the following: (a) veteran pensioner, income-qualified veteran, overseas service veteran or veteran to whom paragraphs (a) and (b) of the definition Canada service veteran apply

    * Paragraph (b) of the definition entitled to a disability award in section 2 of the Regulations is replaced by the following:

    * has not received a disability award as defined in subsection 2(1) of that Act because one of the conditions set out in section 53 of that Act as it read immediately before April 1, 2019 had not been met as of that day, unless a decision regarding the application for pain and suffering compensation referred to in subsection 174(1) of the Budget Implementation Act, 2018, No. 1 has been made.

    * Clause (g)(ii)(D) of the definition veteran in section 2 of the Regulations is replaced by the following:

    (D) the cost of chronic care in a community facility pursuant to paragraph 22.1(1)(b)

    * Paragraphs (h) and (i) of the definition client in section 2 of the English version of the Regulations are replaced by the following:

    (h) prisoner of war entitled to basic compensation under subsection 71.2(1) of the Pension Act,

    (i) veteran described in paragraph (h) of the definition veteran,

    2. Paragraph 3(6)(a) of the Regulations is amended by adding “and” at the end of subparagraph (ii) and by repealing subparagraph (iii).

    3. The portion of section 6 of the Regulations before paragraph (a) is replaced by the following:

    * A client who receives treatment benefits referred to in paragraph 4(a) or (b) under section 3 and a client referred to in paragraph 3(3)(a) or any of subsections 3(4) to (7) who receives those benefits as an insured service under a provincial health care system are eligible to receive supplementary benefits as follows:

    4. Paragraph 7(2.1)(a) of the Regulations is replaced by the following:

    (a) are payable at the rate established for employees of the public service of Canada in Appendix B of the Travel Directive of the National Joint Council, as amended from time to time, plus two cents per kilometer; and

    5. Subsection 7(2.2) of the Regulations is replaced by the following:

    (2.2) The costs of travel referred to in subsections (1) and (2) are payable at the same rates, less any minimum rates that apply, as those established for employees of the public service of Canada in Appendices C and D of the Travel Directive of the National Joint Council, as amended from time to time.

    Regulatory cooperation efforts

    Not required.

    Potential impacts on Canadians, including businesses

    No impact.

    Further information

    Canada Gazette, Part 2, Volume 156, Number 8: Regulations Amending the Veterans Health Care Regulations

    Contact information

    For information please send your inquiries to the following:

    Regulations-reglements@veterans.gc.ca

    All emails sent to this inbox will be acknowledged to confirm receipt.

    Date the regulatory initiative was initially included in the Forward Regulatory Plan

    This is the first time posting this information in the Forward Regulatory Plan.

    2. Changes to the Veterans Health Care Regulations – addition of Mental Health Benefits

    Enabling Act

    Department of Veterans Affairs Act

    Description of changes

    A new benefit has been added to the regulations under the VHCRs, section 14. A former member of the Canadian Forces or a reserve force member is eligible to receive mental health benefits in Canada or elsewhere in respect of any mental health condition for which they submit an application for disability benefits to the extent that those benefits are not available to them as a former member of the Canadian Forces or a reserve force member nor available as an insured service under a provincial health care system.

    A mental health client becomes eligible to receive mental health benefits

    (a) on April 1, 2022, if their application for disability benefits is received by the Minister before that date and the Minister has not yet made a decision respecting the application; or

    (b) on the day on which the Minister receives their application for disability benefits, if their application is received on or after April 1, 2022.

    The intent behind the regulatory changes is to support amendments to the Act to include the new mental health benefits. The regulatory amendments will allow VAC to develop the Mental Health Benefits by adding a subheading to the VHCR with provisions to govern the benefits. The new subheading will describe the parameters and create the framework for the new benefits, and distinguish them from other health care programs. It will set out the eligibility requirements and scope of coverage, and specify if other provisions of the VHCR are applicable.

    Regulatory cooperation efforts

    The result will not impose a regulatory burden on businesses or Canadians and therefore regulatory cooperation efforts were not required.

    The Mental Health Benefits will not directly relate to any domestic or international agreements or obligations.

    Potential impacts on Canadians, including businesses

    The amendments to the Regulations will not involve any changes in administrative and compliance costs, or cost savings to business, consumers and competition, or any domestic and international trade impacts (exports and imports). The benefits will therefore have no impacts on businesses and consumers.

    There will be a positive effect on Veterans, with improvement to their health as a result of having immediate coverage for mental health treatment and services. With the implementation of the initiative, Veterans will be eligible for the mental health treatment benefits and services they need. The initiative will assist the Veteran in accessing coverage for supports as quickly, and as early, as possible for certain eligible mental health conditions. Veterans will be more resilient and be more physically and mentally well. It is anticipated that Veterans will be satisfied with the services they receive.

    Consultation

    The regulatory proposal was informed by ongoing consultation regarding the need for increased awareness of the services and supports that VAC has available for Veterans, including those for mental health conditions. In addition, VAC organized and hosted several town halls across Canada in 2018 where support measures for mental health were raised as a priority issue. The 2018 town halls provided an opportunity for individual Veterans to share their stories with the Minister, VAC staff in attendance and their fellow Veterans.

    Input from the Minister’s advisory groups was considered in the development of this proposal, as well as recommendations from the Veterans Ombudsperson. The Mental Health Advisory Group includes members with expertise or experience in mental health and/or Veterans’ issues, such as Veterans themselves, members of Veterans’ organizations (e.g. Aboriginal Veterans Autochtones), and members of professional mental health bodies. Several stakeholder representatives were invited to the technical briefing provided by the Department which took place on January 13, 2022. The RCMP was consulted in the development of the Mental Health Benefits but chose not to participate at this time. VAC will continue to liaise and consult with Veterans and their families, Veteran stakeholder groups, Canadians, and subject matter experts. Engagement could include forums, roundtables, ministerial advisory group meetings, and other forms of consultation, including Deputy Minister roundtables.

    Further information

    Canada Gazette, Part 2, Volume 156, Number 8: Regulations Amending the Veterans Health Care Regulations

    Contact information

    For information please send your inquiries to the following:

    Regulations-reglements@veterans.gc.ca

    All emails sent to this inbox will be acknowledged to confirm receipt.

    Date the regulatory initiative was initially included in the Forward Regulatory Plan

    This is the first time posting this information in the Forward Regulatory Plan.

    3. Changes to Veterans Burial Regulations – last amended 1 April 2019

    Enabling Act

    Department of Veterans Affairs Act

    Description of changes

    Section 24 (1) The definition entitled to a disability award in section 1 of the Veterans Burial Regulations was replaced by the following:

    Veterans Burial Regulations

    24 (1) The definition entitled to a disability award in section 1 of the Veterans Burial Regulations was replaced by the following:

    entitled to a disability award means, in respect of a person, that the person

    1. has received a disability award as defined in subsection 2(1) of the Veterans Well-being Act;
    2. has not received a disability award as defined in subsection 2(1) of that Act because one of the conditions set out in section 53 of that Act, as it read immediately before April 1, 2019, had not been met as of that day, unless a decision regarding the application for pain and suffering compensation referred to in subsection 174(1) of that Act has been made; or
    3. but for subsection 54(1) of that Act as it read immediately before April 1, 2019, would have received a disability award as defined in subsection 2(1) of that Act. (droit à une indemnité d’invalidité)

    (2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

    entitled to pain and suffering compensation means, in respect of a person, that the person

    1. has received pain and suffering compensation under subsection 45(1) or 47(1) of the Veterans Well-being Act;
    2. is referred to in subsection 45(1) of that Act but whose extent of disability has not yet been assessed; or
    3. but for subsection 56.4(1) of that Act, would have received pain and suffering compensation under subsection 45(1) or 47(1) of that Act. (droit à une indemnité pour douleur et souffrance)

    25 Paragraph 9(6)(a) of the Regulations is replaced by the following:

    1. a person entitled to a disability award, entitled to pain and suffering compensation or entitled to a pension; or

    26 The Regulations are amended by replacing “entitled to a disability award” with “entitled to a disability award or entitled to pain and suffering compensation” in the following provisions:

    1. subparagraph 2(b)(iii.1); and
    2. subsections 8(3) and (4).

    Regulatory cooperation efforts

    Not required.

    Potential impacts on Canadians, including businesses

    No impact.

    Further information

    Canada Gazette, Part 2, Volume 152, Number 18: Regulations Amending Certain Regulations (Department of Veterans Affairs)

    Contact information

    For information please send your inquiries to the following:

    Regulations-reglements@veterans.gc.ca

    All emails sent to this inbox will be acknowledged to confirm receipt.

    Date the regulatory initiative was initially included in the Forward Regulatory Plan

    This is the first time posting this information in the Forward Regulatory Plan.

For more information

Consult the Veterans Affairs Canada Legislation and Policies website Legislation and Policies - About VAC - Veterans Affairs Canada for:

  • a list of acts and regulations administered by Veterans Affairs Canada;
  • further information on VAC’s implementation of government-wide regulatory management initiatives; and
  • information regarding VAC’s Forward Regulatory Plan

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed Federal regulations, visit:

Departmental contact

For information please send your inquiries to the following:

Regulations-reglements@veterans.gc.ca

All emails sent to this inbox will be acknowledged to confirm receipt.

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