Care has been taken to ensure these policies accurately reflect the acts and regulations. Should any inconsistencies be found, the acts and regulations will prevail.
In accordance with section 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act and Section 6 of the Canadian Forces Members and Veterans Re-establishment and Compensation Regulations, the following definitions apply for the purposes of the Act:
Aggravated by Service
Aggravated by Service, in respect of an injury or a disease, means an injury or a disease that has been aggravated, if the aggravation
- a) was attributable to or was incurred during special duty service; or
- b) arose out of or was directly connected with service in the Canadian Forces.
Barrier to Re-establishment in Civilian Life
Barrier to Re-establishment in Civilian Life means the presence of a disability or a temporary or permanent physical or mental health problem that limits or prevents an individual’s reasonable performance in civilian life of their roles in the workplace, home or community.
Board
Board means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act.
Canadian Forces
Canadian Forces means the armed forces referred to in section 14 of the National Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland.
Common-law Partner
Common-law Partner, in relation to a member or a Veteran, means a person who is cohabiting with the member or Veteran in a conjugal relationship, having so cohabited for a period of at least one year.
Compensation
Compensation means any of the following benefits under this Act: an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a disability award, a death benefit, a clothing allowance or a detention benefit.
Dependent Child
Dependent Child, in relation to a member or a Veteran, means their child, or a child of their spouse or common-law partner who is ordinarily residing in the member’s or Veteran’s household, who is:
- a) under the age of 18 years;
- b) under the age of 25 years and following a course of instruction approved by the Minister; or
- c) over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred
- (i) before the child attained the age of 18 years, or
- (ii) after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister.
Diminished Earning Capacity
Diminished Earning Capacity means that the Veteran is incapacitated by a permanent physical or mental health problem that prevents them from performing any occupation that would be considered to be suitable gainful employment.
Disability
Disability means the loss or lessening of the power to will and to do any normal mental or physical act.
Employability Assessment
Employability Assessment focuses on the capacity of the Veteran to perform the physical and mental tasks of work that a Veteran is qualified. It assesses the Veteran’s ability to perform the essential functions of the job with or without accommodations. It also identifies suitable occupations and earning capacity for the Veteran.
Functional Capacity Assessment
Functional Capacity Assessment provides a comprehensive assessment of an individual’s capacity to dependably perform work and routine daily activities. A combination of standardized tests and work/activity simulation tests are used to identify function. It identifies the Veteran’s ability to return to work, and the Veteran’s residual functional abilities and limitations related to work, leisure and household activity.
Health Problem
Health Problem is a temporary or permanent health condition plus the impairment resulting from the condition.
Manifested itself
Manifested itself means that the health problem was identified or diagnosed or was causing recognizable symptoms, functional impairment or disability. “Manifested itself” does not imply or require a causal relationship to service.
Medical Rehabilitation
Medical Rehabilitation includes any physical or psychological treatment whose object is to stabilize and restore the basic physical and psychological functions of a person.
Member
Member means an officer or a non-commissioned member of the Canadian Forces, as those terms are defined in subsection 2(1) of the National Defence Act.
Minister
Minister means the Minister of Veterans Affairs.
Orphan
Orphan, in relation to a deceased member or a deceased Veteran, means their child, or a child of their survivor who at the time of the member’s or Veteran’s death was ordinarily residing in the member’s or Veteran’s household, who is
- a) under the age of 18 years;
- b) under the age of 25 years and following a course of instruction approved by the Minister; or
- c) over the age of 18 years and prevented by physical or mental incapacity from earning a livelihood, if the incapacity occurred
- i) before the child attained the age of 18 years, or
- ii) after the age of 18 years and before the age of 25 years while the child was following a course of instruction approved by the Minister.
Personal Information
Personal Information has the same meaning as in section 3 of the Privacy Act.
Prescribed
Prescribed means prescribed by regulation.
Psycho-social Rehabilitation
Psycho-social Rehabilitation includes any psychological or social intervention whose object is to restore a person to a state of independent functioning and to facilitate their social adjustment.
Rehabilitation
Rehabilitation: is a process to restore a client’s physical, psychological, social and vocational abilities to an optimal level that will result in a Veteran’s ability to integrate and actively participate in their community.
Rehabilitation Need
Rehabilitation Need: is a physical, mental health or psycho-social problem that is creating a barrier to a Veteran’s re-establishment in civilian life.
Rehabilitation Plan
Rehabilitation Plan: is an authority document for clients eligible for rehabilitation services. The plan provides the authorization for the payment of services and benefits aimed at removing the client’s specific barriers to integration within their community. The plan includes medical rehabilitation, psycho-social rehabilitation, and/or vocational rehabilitation interventions to address the needs identified during the assessment of needs for the client.
Rehabilitation Services
Rehabilitation Services means all services related to the medical rehabilitation, psycho-social rehabilitation or vocational rehabilitation of a person.
Service-related Injury or Disease
Service-related Injury or Disease means an injury or a disease that
- a) was attributable to or was incurred during special duty service; or
- b) arose out of or was directly connected with service in the Canadian Forces.
Special Duty Service
Special Duty Service means service as a member in a special duty area designated under section 69, or as a member as part of a special duty operation designated under section 70, during the period in which the designation is in effect. It includes any of the following that occurred during that period but not earlier than September 11, 2001:
- a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place;
- b) travel to and from the area, the operation or the location of training referred to in paragraph (a); and
- c) authorized leave of absence with pay during that service, wherever that leave is taken.
Spouse
Spouse is a reference to a member’s or a Veteran’s spouse who is residing with the member or Veteran.
- a) "spouse" is deemed to be residing with a member or a Veteran, and a person does not cease to be a member’s or a Veteran’s common-law partner, if it is established that they are living apart by reason only of;
- i. one or both of them having to reside in a health care facility;
- ii. circumstances of a temporary nature; or
- iii. other circumstances not within the control of the member or Veteran or the spouse or common-law partner.
- b) The Canadian Forces Members and Veterans Re-establishment and Compensation Actdoes not apply to a member’s or Veteran’s surviving spouse if the member or Veteran dies within one year after the date of the marriage, unless
- i) in the opinion of the Minister, the member or Veteran was at the time of that marriage in such a condition of health as to justify their having an expectation of life of at least one year; or
- ii) at the time of the member’s or Veteran’s death, the spouse was cohabiting with the member or Veteran in a conjugal relationship, having so cohabited for a period of at least one year.
Survivor
Survivor, in relation to a deceased member or a deceased Veteran, means
- a) their spouse who was, at the time of the member’s or Veteran’s death, residing with the member or Veteran; or
- b) the person who was, at the time of the members or Veteran’s death, the member’s or Veteran’s common-law partner.
Suitable Gainful Employment
Suitable Gainful Employment (employability) means employment for which the Veteran is reasonably qualified by reason of education, training and experience and that provides a monthly rate of pay equal to at least 66 2/3 per cent of the imputed income of the Veteran. Refer to the Income Replacement Benefit policy for details concerning a Veteran’s imputed income.
Veteran
Veteran means a former member.
Vocational Assistance
Vocational Assistance includes employability assessments, career counseling, training, job-search assistance and job-finding assistance, whose object is to help a person to find appropriate employment.
Vocational Assistance Plan
Vocational Assistance Plan: is a plan that provides vocational assistance services to Veterans with no health problems, eligible spouses/common-law partners or survivors to increase their capacity to find appropriate employment and restore the earning capacity of the family to a reasonable level. The plan can include employability assessments, career counselling, training, job-search assistance and job-finding assistance to help a person find appropriate employment.
Vocational Rehabilitation
Vocational Rehabilitation includes any process designed to identify and achieve an appropriate occupational goal for a person with a physical or a mental health problem, given their state of health and the extent of their education, skills and experience.