Consultation with Veterans Organizations on the development of Regulations in support of the
Canadian Forces Members and Veterans Re-establishment and Compensation Act
Background:
On 13 May 2005, the Canadian Forces Members and Veterans Re-establishment and Compensation Act (Bill C-45) having received Royal Assent, was passed into law. The creation and eventual passage of this statute followed a period of extensive and broad based consultations going back several years. Much of this began with VAC’s Review of Veterans Care Needs (Phase III) which included a survey, focus groups, a selected literature review, a client file review, and extensive consultations. This consultation process continued over a three year period through the Veterans Affairs Canada - Canadian Forces Advisory Council (VAC-CFAC) which included representation from a number of federal government departments including DND, as well as experts in mental health, chronic pain, psychological and family services and rehabilitation, and included a research approach that encompassed visits to military bases. Most recently, there was a series of focus groups held with CF members, CF veterans and their families, and information sessions for serving members and their families on five Canadian Forces bases/wings and at National Defence Headquarters during the pre-tabling period.
Throughout the development of program design, and the creation of the new Statute, there were ongoing consultations with continuous input from Veteran stakeholder groups which resulted in broad based support leading up to and during the time of passage in Parliament. During these consultations, there was a firm commitment made with the major Veterans organizations that subsequent to passage of the Bill, their involvement in the consultative process would continue throughout the Regulatory drafting phase. This plan sets out the proposed road map for how and when that ongoing consultation will occur.
Considerations:
The focus of this plan is to outline the process that will apply to the key client and ex-service stakeholder groups – i.e., the Veterans organizations. As was the case with the earlier phases of consultation with respect to the Statute, participation with the key Veterans organizations will be critical. Specifically, that includes the Army, Navy and Air Force Veterans, The Royal Canadian Legion, National Council of Veterans Associations, The Canadian Association of Veterans in United Nations Peacekeeping, Canadian Peacekeeping Veterans Association, and The Gulf War Veterans Association of Canada.
It should be noted that the Statute provides the Minister with the required authorities and gives meaning at a fairly high level to such matters as eligibility and program components. It also gives the Minister authority to create regulations as these pertain to certain sections of the Act. Since these regulations will bring greater meaning to the provisions of the Statute, consultation throughout the regulatory development phase of the initiative creates the window of opportunity for the key Veterans organizations to play an important role in defining the “details”. That said, however, it must be recognized that the Minister would not have the flexibility to create regulation in the absence of statutory authority to do so. It should also be noted that even where authority exists to create regulations, the latitude to do so must be guided by the budgetary provisions that will fund the new programs – i.e., the regulations can not create provisions that would have cost implications beyond what has been laid out in submissions to Government. On a final point, it should be noted that not all provisions that will govern the administration of a program will be created in regulation. Indeed, there is yet a further level of detail that will apply when the Department reaches the point of developing supporting departmental policy, and in the case of Health Care, terms and conditions. Therefore, the following points, as attached in Appendix “A”, represent an outline of the specific topics where the Department must develop regulations that flow from the new Statute that has resulted from Bill C-45 – The Canadian Forces Members and Veterans Re-establishment and Compensation Act.
Consultation Phases:
- Phase I: During June 2005, a multilateral, face-to-face session with the Veterans’ organizations will set the process in motion. Specifically, this will include a detailed review of the provisions contained within the Statute, including the specific provisions which grant the Minister authority to create Regulations. It will also be an opportunity to outline specific deliverables that must come out of the process, the time frames attached to the development of these, and the scope that exists in creating regulations while remaining within the confines of authority specified in the Statute. In short, this preliminary session will serve as a “stage-setting” exercise in preparation for bilateral sessions with each of the Veterans organizations which will occur in two further phases as follows.
- Phase II: This phase will occur during July 2005, as bilateral sessions with each of the Veterans organizations. This phase will deal specifically with Regulations on Job Placement, Rehabilitation, Health Benefits, consequential changes to other provisions (Veterans Health Care Regulations and Veterans Burial Regulations), and re-dress mechanisms. The details of these subject areas are specified in the attached Appendix “A”.
- Phase III: This phase will occur in August 2005 as bilateral sessions with the Veterans organizations, and will deal with the remaining components – i.e., earnings loss, survivor benefits, disability awards, permanent impairment allowance, CF income support, and other remaining matters. These are also detailed in Appendix “A”.
- Phase IV: This will occur in September 2005 in multilateral format as a final confirmation with the Veterans organizations before finalizing the Regulations. The focus will be to share the final drafts of the proposed regulations as they exist with provisions, to the extent possible, to appropriately reflect the input received throughout the process from the Veterans organizations. In order to move the regulatory drafting to its conclusion by the target date of 31 October 2005, this will be a final opportunity for the Veterans organizations to effect any changes, if those changes are critical in moving forward. Consultations will however continue with the Veterans organizations as the Department commences the process of operational Policy development.
As noted above, the completion of the Regulations is presently targeted for 31 October 2005. It is recognized that in setting this target date, the schedule for consultation on and development of the Regulations is ambitious – and, it is intentionally so as it is also recognized that now with the recent passage of Bill C-45, there is great interest in making the benefits of the new programs available to clients in need as soon as possible. Therefore, it will be necessary to complete Regulations by 31 October 2005 in order to meet the much anticipated implementation date – proposed to be set for as soon as 1 April 2006. With that as background information to the consultation schedule with the Veterans organizations, and with the knowledge that the schedule is ambitious, it will be very important to maintain some flexibility around both the proposed times for each of the different phases, as well as some flexibility around the actual topics that will be discussed during each phase. In short, we will move towards the deadline, and be guided by the plan to the extent possible, but will adjust these as realities dictate over the course of the regulatory development period. The understanding, flexibility, and cooperation of the Veterans organizations will be sought as this process unfolds.
Appendix “A”
Specific Topics of Consultation where there are Regulatory Drafting Requirements
Consultation Phase II (1st bilateral session):
Job Placement $ respecting the eligibility requirements for members and Veterans $ respecting the eligibility requirements for spouse, common-law partner or survivor $ respecting the principles which will be considered in developing a plan $ respecting the time and manner for a member or veteran to make an application for job placement and the information required to accompany this application $ respecting the time and manner for a spouse, common-law partner or survivor to make application for job placement and the information required to accompany this application $ respecting the provision of information or documents to the Minister by persons who are in receipt of job placement assistance
Rehabilitation Services $ respecting the time and manner for a veteran to make an application for rehabilitation services and the information required to accompany the application $ respecting the time and manner for a spouse, common-law partner or survivor to make an application for rehabilitation services and the information required to accompany the application $ respecting the provision of information or documents to the Minister by persons who are in receipt of rehabilitation services $ respecting any “classes” that are exceptions to eligibility for rehabilitation services based on medical release status $ respecting the determination of what constitutes “barrier to re-establishment” and “total and permanent incapacity” $ respecting the principles and factors that will be considered in developing a rehabilitation plan or vocational assistance plan $ respecting the duration of a rehabilitation plan or a vocational assistance plan $ respecting other sources i.e., any “plans” under which an individual may have received rehabilitation services or vocational assistance services which could result in the Minister’s refusal to provide these services again $ respecting the payment of expenses arising out of a person’s participation in a rehabilitation plan or a vocational assistance plan $ respecting the circumstances when the Minister may cancel a rehabilitation plan or a vocational assistance plan $ respecting the procedure to be followed by the Minister in cancelling rehabilitation services or vocational assistance services $ respecting the provisions for the review of decisions regarding rehabilitation services under Section 83, including the time and manner on making an application, the grounds for review, the powers on review and the number of reviews
Health Benefits $ respecting eligibility requirements for a member or veteran (including their families), or a member’s or veteran’s survivor $ note that “terms and conditions” for the program will also be developed
Powers of Minister $ respecting the payment of travel and living expenses incurred by reason of undergoing a medical examination or assessment required by the Minister
Consequential Amendments to Other Regulations $ Veterans Health Care Regulations $ Funeral and Burial Regulations
Consultation Phase III (2st bilateral session):
Earnings Loss Benefits $ respecting the time and manner for a veteran, survivor or orphan to make an application for earnings loss benefits and the information required to accompany the application $ respecting the provision of information or documents to the Minister by persons who are in receipt of earnings loss benefits i.e., statements of estimated income, benefits or amounts payable and notification of any changes in income or benefits $ respecting the time and manner of the payment of earnings loss benefits $ respecting the effects of changes in income or benefits on the amount of earnings loss benefits payable $ respecting the determination of what constitutes “suitable gainful employment” $ respecting the calculation of the amount of earnings loss benefit payable to a veteran or survivor using the “A-B” benefit calculation formula which will include: $ the determination of the imputed income in respect of a class of veterans for the purposes of the value of A in the calculation; $ the determination of a minimum and maximum amount of imputed income in respect of a class of veterans for the purposes of the value of A in the calculation; $ the determination of an amount payable to a veteran or a survivor for a month for the purposes of the value B and the prescribed sources from which this amount will calculated; $ provisions for the periodic adjustments of the value of A and B in the calculation formula. $ respecting the circumstances when the Minister may cancel an earnings loss benefit $ respecting the procedure to be followed by the Minister in cancelling an earnings loss benefit $ respecting the provisions for the review of decisions regarding earnings loss benefits under Section 83, including the time and manner on making an application for review, the grounds for review, the powers on review and the number of reviews
Supplementary Retirement Benefit $ respecting the time and manner in which an application for a supplementary retirement benefit may be made by veteran or survivor and the information required to accompany the application $ respecting the amount of supplementary retirement benefit payable in respect of any class or classes of veterans of survivors $ respecting the time and manner of payment of the benefit
Canadian Forces Income Support Benefit $ respecting the time and manner in which an application for Canadian Forces income support benefits may be made by veteran, survivor or orphan and the information required to accompany the application $ respecting the provision of information or documents to the Minister by persons who are in receipt of Canadian Forces income support benefits $ respecting the time and manner of payment of the benefit $ respecting the “employment related criteria” which the veteran or survivor must meet for eligibility purposes $ respecting the circumstances when the Minister may suspend or cancel a Canadian Forces income support benefit $ respecting the procedure to be followed by the Minister in suspending or cancelling a Canadian Forces income support benefit $ respecting the definition of “base calendar year”, “income”, and “payment period” for the purposes of calculating Canadian Forces income support benefits payable $ respecting provisions for the increase in the amount set out in column 2 of Schedule 1 in the case of an increase in the amount of a pension or a supplement as a result of amendments to the Old Age Security Act $ respecting Canadian residency requirements and defining intervals of absences from Canada that shall deemed not to have been interrupted residence in Canada for the purposes of eligibility for Canadian Forces income support benefits $ respecting the provisions for the review of decisions regarding Canadian Forces income support benefits under Section 83, including the time and manner on making an application for review, the grounds for review, the powers on review and the number of reviews
Permanent Impairment Allowance $ respecting what constitutes a permanent and severe impairment, the manner of determining whether a veteran has a permanent and severe impairment and the extent of the permanent and severe impairment $ respecting the time and manner in which an application for Permanent Impairment Allowance may be made by veteran and the information required to accompany the application $ respecting the provision of information or documents to the Minister by persons who are in receipt of these benefits $ respecting the time and manner of payment of the benefit $ respecting the circumstances when the Minister may cancel a Permanent Impairment Allowance benefit
Disability Awards $ respecting the time and manner in which an application for disability awards may be made by a member, veteran, survivor, dependent child or orphan and the information required to accompany the application $ respecting the rules of evidence and evidentiary presumptions relating to applications for disability awards $ respecting the time and manner of the payment of the benefit $ respecting the circumstances under which the Minister may reduce the amount of disability award payable to a person when an amount is payable to that person from another source in respect to disability or death $ respecting the amount that the disability award may be reduced in the above noted circumstance
Clothing Allowance $ respecting the time and manner in which an application for clothing allowance may be made by a member or veteran and the information required to accompany the application $ respecting the time and manner of the payment of the benefit
Death Benefit $ respecting the rules of evidence and evidentiary presumptions relating to applications for death benefits $ respecting the time and manner in which an application for death benefit may be made by a survivor or orphan and the information required to accompany the application $ respecting the time and manner of payment of the benefit $ respecting the circumstances under which the Minister may reduce the amount of death benefit payable to a person when an amount is payable to that person from another source in respect to the death $ respecting the amount that the death benefit may be reduced in the above noted circumstance
Detention Benefit $ respecting the time and manner in which an application for detention benefit may be made by member or veteran and the information required to accompany the application $ respecting entities of “power” $ respecting the time and manner of payment of the benefit $ respecting the amount of detention benefit payable
General $ respecting the processes and procedures to be followed by the Minister in making decisions under the Act $ respecting the procedures to be followed by the Minister in reviewing decisions under the Act $ respecting any matter required or authorized by the Act to be prescribed $ respecting any provisions in general as required for the purposes of carrying out the provisions of the Act $ respecting the periodic adjustment of Schedules 1 - 3 $ respecting the payment of fees for financial advice
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