An Act to amend the statute law in respect of benefits for veterans and the children of deceased veterans (S.C. 2003, c. 27)

Assented to 2003-11-07

An Act to amend the statute law in respect of benefits for veterans and the children of deceased veterans

S.C. 2003, c. 27

Assented to 2003-11-07

An Act to amend the statute law in respect of benefits for veterans and the children of deceased veterans

SUMMARY

This enactment amends the Children of Deceased Veterans Education Assistance Act to re-establish the Education Assistance Program. The enactment also increases the monthly allowance payable under that program, and clarifies and extends the regulation-making authority in relation to the program.

The enactment amends the Pension Act to broaden the eligibility criteria for prisoner-of-war compensation benefits, and to increase in some cases the amounts of those benefits.

The enactment amends the War Veterans Allowance Act to clarify who qualifies as a “Canadian veteran of World War I or World War II” by virtue of having served in a theatre of actual war.

The enactment also makes some technical amendments.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-28; 1990, c. 43, s. 43CHILDREN OF DECEASED VETERANS EDUCATION ASSISTANCE ACT

Marginal note:1990, c. 43, s. 44

 Paragraph (d) of the definition “student” in section 2 of the Children of Deceased Veterans Education Assistance Act is replaced by the following:

  • (d) a child who, but for the operation of section 25 or 26 of the Pension Act, would be included in paragraph (a) of this definition.

Marginal note:1995, c. 17, s. 42

 Section 3.1 of the Act is repealed.

Marginal note:1990, c. 43, s. 45

 Paragraph 4(1)(a) of the Act is replaced by the following:

  • (a) $300.00, and

 Section 12 of the Act is amended by adding the following after paragraph (a):

  • (a.1) prescribing the maximum amount of costs under this Act payable in respect of a student, and providing for the annual adjustment of that amount as a function of the Consumer Price Index;

 Item 1 of the schedule to the Act is replaced by the following:

  • 1. Paragraphs 21(1)(b) and (e), subsections 21(2) and 34(6) and sections 64, 65 and 66 of the Pension Act.

 Item 6 of the schedule to the Act is replaced by the following:

R.S., c. P-6PENSION ACT

Marginal note:2003, c. 12, s. 1(2)

 Paragraph (b) of the definition service spécial in subsection 3(1) of the French version of the Pension Act is replaced by the following:

  • b) le déplacement pour se rendre dans la zone, sur les lieux de l’opération ou dans le lieu de la formation visée à l’alinéa a) et en revenir;

Marginal note:R.S., c. 37 (3rd Supp.), s. 12
  •  (1) Subparagraphs 71.2(1)(a)(i) and (ii) of the Act are replaced by the following:

    • (i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days,

    • (ii) 20% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 364 days, or

    • (iii) 50% of basic pension, where that person was such a prisoner for periods totalling at least 365 days; and

  • Marginal note:R.S., c. 37 (3rd Supp.), s. 12

    (2) Subparagraphs 71.2(1)(b)(i) to (iii) of the Act are replaced by the following:

    • (i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days,

    • (ii) 10% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 545 days,

    • (iii) 15% of basic pension, where that person was such a prisoner for periods totalling at least 546 days but not more than 910 days,

    • (iv) 30% of basic pension, where that person was such a prisoner for periods totalling at least 911 days but not more than 1,275 days,

    • (v) 35% of basic pension, where that person was such a prisoner for periods totalling at least 1,276 days but not more than 1,641 days, or

    • (vi) 40% of basic pension, where that person was such a prisoner for periods totalling at least 1,642 days.

R.S., c. R-11ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT

Marginal note:2003, c. 12, s. 4

 Paragraph 32.1(2)(b) of the French version of the Royal Canadian Mounted Police Superannuation Act is replaced by the following:

  • b) le déplacement pour se rendre dans la zone, sur les lieux de l’opération ou dans le lieu de la formation visée à l’alinéa a) et en revenir;

R.S., c. W-3WAR VETERANS ALLOWANCE ACT

Marginal note:2000, c. 34, s. 89(1)
  •  (1) Subparagraph 37(3)(a)(i) of the War Veterans Allowance Act is replaced by the following:

    • (i) having enlisted and having the enlistment attested, served in a theatre of actual war during World War I or World War II and was discharged from the service in which he or she was enlisted,

  • (2) Subsection (1) does not apply in respect of any person found by the Veterans Review and Appeal Board, in a decision rendered by that Board before this Act is assented to, to be a “veteran” within the meaning of subparagraph 37(3)(a)(i) of the War Veterans Allowance Act as it read immediately before that assent.

2000, c. 34AN ACT TO AMEND THE STATUTE LAW IN RELATION TO VETERANS’ BENEFITS

 Section 100 of An Act to amend the statute law in relation to veterans’ benefits is repealed.

TRANSITIONAL PROVISIONS

Marginal note:Authority to make allowance and pay costs
  •  (1) The Minister of Veteran Affairs may, for the purposes of the Children of Deceased Veterans Education Assistance Act, make allowances to or in respect of, and pay the education or instruction costs in respect of, a student who was not entitled to them by reason only of section 3.1 of that Act before its repeal by section 2 of this Act.

  • Marginal note:Amount of allowance

    (2) For the purposes of subsection (1), the amount of the monthly allowance that may be paid to or in respect of a student for the period beginning on February 28, 1995 and ending on August 31, 2003 is $167.47, in lieu of the aggregate of the amounts referred to in paragraphs 4(1)(a) and (b) of the Children of Deceased Veterans Education Assistance Act.

  • Marginal note:Maximum amount of education or instruction costs

    (3) For the purposes of subsection (1), the maximum amount of education or instruction costs payable in respect of a student for any academic year falling, in whole or in part, within the period beginning on February 28, 1995 and ending on August 31, 2003 is $1,500.

  • Marginal note:Maximum period covered

    (4) For the purposes of subsection (1), subsection 4(4) of the Children of Deceased Veterans Education Assistance Act does not apply.

Definition of “amending regulation”

COMING INTO FORCE

Marginal note:Coming into force
  •  (1) Section 3 is deemed to have come into force on September 1, 2003.

  • (2) Section 8 is deemed to have come into force on April 1, 2003.