Bill C-55 · 40th Parliament · Stephen Harper
Enhanced New Veterans Charter Act
An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act
Government bill. Became law.
- IntroducedNov. 17, 2010
- Debated in principleMarch 4, 2011
- Studied by a committeeDone
- Passed its first chamberMarch 11, 2011
- Passed the second chamberMarch 24, 2011
- Became lawMarch 24, 2011
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Donald Neil PlettSenate · Sponsor in the Senate
- Jean-Pierre BlackburnPresents the bill as important government action to protect and assist modern veterans with financial support.
- Kevin LamoureuxHe states the Liberal Party recognizes the value of the legislation and explicitly supports the bill.
- Mr. Michael SavageCalls the bill a good first step that Liberals support because veterans need urgent help now.
- Senator DaySenate · SenatorIt is a first step that some veterans want even though poor and incomplete.
- Greg KerrHe rises in support of the bill as an important step forward.
- Bryon Wilfertexplicitly backs the bill as it stands.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 17 November 2010, the Minister of Veterans’ Affairs introduced Bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act (Enhanced New Veterans Charter Act), in the House of Commons and it was given first reading. Bill C-55 amends Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act by making the permanent impairment allowance available to veterans who are eligible for a disability award under that Act, as well as to veterans who are eligible for a disability pension under the Pension Act. It also introduces a supplemental amount to the permanent impairment allowance for the most severely and permanently impaired veterans. It amends Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act to provide Canadian Forces members and veterans with a choice of payment options for a disability award. It also amends the Pension Act by making the exceptional incapacity allowance available to veterans and members of the forces who are receiving a disability pension under that Act, as well as to veterans and members who are receiving both such a pension and …
Summary by the Library of Parliament.
Where members stand
How it changed on the way
71% of the text as introduced was changed or removed by the time it became law (4,262 words introduced, 3,174 passed). A committee amended it.
substantial changeintent mostly kept
The core amendments on permanent impairment allowances, supplemental amounts for severe cases, and flexible disability award payments were retained. However, 71% of the introduced text was removed or replaced, with minor wording tweaks and expanded phrasing appearing in the final statute.
- Wording for the lump-sum condition on small disability awards was standardized.
Before: “Lump sum if disability is less than 5%”
After: “Lump sum if disability is less than five per cent”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Hard
The bill sets some objective numerical tests and fixed timelines but repeatedly conditions eligibility and payments on the Minister's opinion or satisfaction and on rules to be prescribed later. This mix leaves core questions of who qualifies open to prolonged argument.
Open to argument
“in the opinion of the Minister, the disability has not stabilized”
Subjective ministerial judgment replaces any objective medical test for when payment begins.“if the Minister is satisfied that the member or veteran requires assistance”
Eligibility hinges on the Minister's personal assessment rather than defined criteria.“meets the prescribed eligibility requirements”
Key conditions are deferred to future regulations instead of being stated in the Act.“if the Minister determines that the veteran is totally and permanently incapacitated”
A broad discretionary finding controls access to the supplemental allowance.
Clear-cut
“less than five per cent of total disability”
A clear numerical threshold triggers mandatory lump-sum payment.“more than 30 days after the day on which the injury occurred”
A fixed time period creates an objective rule for deemed 100% disability on death.“the day that is one year prior to the day on which the application”
A precise back-dating formula limits ministerial discretion on start dates.
Discretion. Large areas of eligibility, service approval, allowance increases, and payment details are left to the Minister's satisfaction, opinion, or determinations and to regulations made by the Governor in Council.
Challenging the law itself. Phrases such as 'in the opinion of the Minister' and 'if the Minister is satisfied' could ground a vagueness or overbreadth argument under section 7 of the Charter.
Disputing a charge under it. Because many obligations turn on discretionary ministerial findings rather than fixed facts, a person would have difficulty proving that the criteria were or were not met.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.