War Service Grants Act (R.S.C. 1970, c. W-4)

PART IIIGeneral

Marginal note:Exceptions to entitlement of officers

18 No officer of the naval, army or air forces is entitled to any benefits under this Act if, since the 10th day of September 1939,

• (a) by sentence of a court martial, he is cashiered or dismissed with disgrace from His Majesty’s service or dismissed from His Majesty’s service;

• (b) he is deprived of his commission or warrant by reason of misconduct;

• (c) he is called upon to retire or to resign his commission or warrant by reason of misconduct; or

• (d) his resignation is accepted by reason of misconduct.

Marginal note:Exceptions to entitlement of men

• 19 (1) No man of the naval, army or air forces is entitled to any benefits under this Act if he has been discharged since the 10th day of September 1939

  • (a) having been sentenced to be discharged with ignominy or dismissed with disgrace from His Majesty’s service or dismissed from His Majesty’s service;

  • (b) by reason of his having been convicted by a civil court or by court martial during his service; or

  • (c) for misconduct.

• Marginal note:Meaning of misconduct

  (2) A man of the naval forces who was discharged for the stated reason of services no longer required and a man of the army or air forces who was discharged for the stated reason of misconduct shall be deemed to have been discharged for misconduct for the purposes of this section.

Marginal note:Entitlement on rejoining forces after discharge

20 Where a member is discharged for any of the reasons or in any of the circumstances set forth in section 18 or 19 and subsequently rejoins the forces he is not disqualified under those sections from receiving benefits under this Act in respect of his services after he so rejoins, by reason only of his conduct prior to such discharge.

Marginal note:Reference to Committee of Review

• 21 (1) Every application for the payment of a gratuity made by a member who is discharged for any of the reasons described in section 18 or 19 shall, together with all documents relating to the member’s service, be referred to a Committee of Review consisting of not less than three officers of the Department of Veterans Affairs who shall be appointed by the Minister.

• Marginal note:Duties of Committee of Review

  (2) The Committee of Review shall examine every application referred to it pursuant to subsection (1), consider the nature and extent of the services rendered by the member in the armed forces and investigate the circumstances under which the member was discharged.

• Marginal note:Finding of Committee

  (3) Where, on examination and investigation of an application referred to it pursuant to subsection (1), the Committee of Review is of the opinion that it would be inconsistent with the true spirit and intent of this Act to deprive the member of benefits under this Act, the Committee shall so advise the Minister who may by order direct that the member shall, notwithstanding section 18 or 19, receive the benefits he would have been eligible for under this Act if he had not been discharged for any of the reasons described in those sections.

Marginal note:Service excluded from period of service

22 For the purposes of computing benefits under this Act, no period of absence without leave or leave of absence without pay, or time served while undergoing sentence of penal servitude, imprisonment or detention, or period of service in respect of which pay is forfeited shall be included in the service of a member of the forces.

Marginal note:Payment to be made only upon application

• 23 (1) Payment of any gratuity or grant of any credit authorized by this Act shall be made only upon application therefor by or on behalf of the member of the forces claiming such gratuity or credit, or, in the case of a deceased member, by or on behalf of any person eligible under this Act in respect of such member to receive the gratuity or credit.

• Marginal note:Time limit for applications for gratuity

  (2) No application under this Act for the payment of a gratuity shall be received after the 31st day of December 1954, except that any such application made after that date but on or before the 31st day of October 1968 by or on behalf of, or in respect of, a member whose service included overseas service or service in a theatre of operations as defined in the definition service in section 2 of the Veterans’ Benefit Act may be received and acted upon by the Minister if the Minister is satisfied of the existence of circumstances justifying the delay in making the application.

Marginal note:Benefits received from other governments

24 Where a member of the forces is granted any pecuniary benefit of the same nature as the gratuity or credit payable or which is granted under this Act from the government of any of His Majesty’s dominions other than Canada or from the government of any power allied or associated with His Majesty, in respect of service performed with the naval, army or air forces of any such dominion or power, one-half of the amount of such benefits shall be deducted from the gratuity and one-half from the credit.

Marginal note:Deferment of gratuity or credit

• 25 (1) Where a member of the forces, before he has been paid or granted all or any part of the gratuity or credit, is re-appointed to or re-enlists, in the forces, the balance of such gratuity or credit remaining unpaid or not granted shall not be paid or granted, unless the Minister otherwise directs, to such member until his subsequent discharge, at which time he is entitled to be paid or granted such gratuity or credit or the balance thereof in addition to any further gratuity or credit to which he may be entitled under this Act by reason of his subsequent period of service.

• Marginal note:Service in more than one force

  (2) The benefits provided by subsection 3(1) and section 8 payable to or in respect of a member who has had service in more than one force, shall be calculated as if his total service had been uninterrupted service in any one of such forces, and the benefits provided by subsection 3(2), payable to or in respect of a member who has had service in more than one force and overseas service in at least one force, shall be calculated separately for each force in which he had overseas service on the basis of the pay and allowances payable to or in respect of him at the date of discharge from each such force.

• Marginal note:Date of payment of gratuity and granting of credit

  (3) A member who joined the permanent naval or army forces or the regular air force on or before the 31st day of March 1946 shall be paid his gratuity and may be granted his credit in the manner provided in this Act on that date; a member who joins the permanent naval or army forces or the regular air force subsequent to the 31st day of March 1946 shall be paid his gratuity and may be granted his credit in the manner provided in this Act on the date of his acceptance for service in one of such forces.

• Marginal note:Idem

  (4) Unless the Minister otherwise directs, a member who was serving with the naval, army or air forces other than the permanent naval or army forces or the regular air force on the 31st day of March 1946 shall not be paid his gratuity or granted his credit until he resumes his civilian status.

Marginal note:Persons of Canadian domicile who served in other Commonwealth forces

• 26 (1) Subject to subsection (2), a person who, subsequent to the 10th day of September 1939, served on active service in any of the naval, army or air forces of His Majesty other than those raised in Canada, and at the time he joined the said force was domiciled in Canada, is entitled to be paid a gratuity and granted a credit equal to those that might have been paid or granted to him under this Act had such service been service in the forces, if he makes application therefor on or before the 31st day of October 1968, and if at the time of his application he is domiciled and resident in Canada.

• Marginal note:Deduction of amount of pecuniary benefit of same nature as gratuity

  (2) There shall be deducted from the gratuity or credit authorized by subsection (1) the amount of any pecuniary benefit, of the same nature as a gratuity or credit authorized to be paid or granted to members of the forces under this Act, that the person has received or is entitled to receive in respect of his service from any government other than that of Canada.

• Marginal note:Gratuity forms part of service estate of deceased member

  (3) The provisions of section 5 except subsection (4) apply to and in respect of any such person as if such person had been a member of the forces at the time of his death or discharge from the forces of His Majesty other than those raised in Canada, but where no person qualifies to receive payment of the gratuity or any unpaid balance thereof under this section in respect of any such deceased person, the gratuity or the unpaid balance thereof shall be paid to the Director of Estates for distribution to the person or persons to whom the service estate of the deceased was or will be paid by a government other than that of Canada in respect of his service.

Marginal note:Minister to determine nature of benefits

27 Any question arising under section 24 or 26 as to whether any pecuniary benefit granted by any government other than that of Canada is of the same nature as a gratuity or credit authorized to be paid or granted to members of the forces under this Act shall be referred to the Minister or to such authority as the Minister may designate and the decision of the Minister or that authority, as the case may be, is final.

Marginal note:Members of the forces receiving treatment

28 Where any member of the forces is, subsequent to his discharge, receiving treatment by or through the Department of Veterans Affairs, the gratuity or credit or any part thereof remaining unpaid or not granted shall be made available to such person as the Minister may designate, to be applied in the discretion of that person for the benefit of such member or his dependants.

Marginal note:Gratuities and credits to be additional to certain other benefits

29 Subject to section 16, the benefits granted herein are in addition to such benefits or grants as are or may hereafter be provided by the Government of Canada for members of the forces, including rehabilitation grant and clothing allowance on discharge.

Marginal note:Immunity of gratuity or credit

• 30 (1) No gratuity payable or credit available to a member of the forces or his dependants is subject to attachment, levy, seizure or assignment under any legal process or to taxation.

• Marginal note:Nullity of purported assignment etc.

  (2) No such gratuity or credit or any part of either may be assigned, charged, anticipated, commuted, given as security or otherwise dealt with, and any purported assignment, charge, anticipation, commutation, or other transaction relating to the gratuity or credit made, entered into, or completed contrary to the provisions of this section, is wholly void and of no effect.

31 to 34 [Repealed, 2000, c. 34, s. 68]

Marginal note:Payment out of C.R.F.

35 Any moneys necessary for the payment of gratuities or for credits under this Act or for the payment pursuant to section 17 of the compensating adjustment repaid by a member may be paid out of unappropriated moneys in the Consolidated Revenue Fund.

Marginal note:Appropriation by Parliament

36 The expenses necessary for the administration of this Act are payable out of moneys appropriated by Parliament for the purpose.

Marginal note:Regulations

37 The Governor in Council may make regulations governing all matters relative to the manner of payment of gratuities or the making of re-establishment credits available and the evidence to be required in support of applications therefor, to prescribe penalties for breaches of the said regulations and generally to give effect to and carry out the objects of this Act.

Marginal note:Re-establishment credits to Newfoundland veterans

• 38 (1) Subject to this Act, every Newfoundland veteran who does not elect to take benefits under the Veterans’ Land Act, except section 17 thereof, or any educational, vocational or technical training benefits under the Veterans Rehabilitation Act is, in order to assist in his re-establishment, eligible for a re-establishment credit equal to the re-establishment credit that might have been made available to him under this Act if he had been a member of the forces as therein defined, less the amount of any pecuniary benefits of the same nature granted or paid by the government of any country other than that of Canada.

• Marginal note:Newfoundland veteran

  (2) In this section the expression Newfoundland veteran means a person who served on active service

  • (a) in any of the naval or army forces of Newfoundland or having been recruited in Newfoundland in any of the naval, army or air forces raised in Newfoundland by or on behalf of the United Kingdom;

  • (b) in any other naval, army or air forces of His Majesty and at the time of his enlistment therein was domiciled in Newfoundland; or

  • (c) in any of the naval, army or air forces of the nations allied with His Majesty in active operations against the enemy in World War II, if he was domiciled in Newfoundland at the time of his enlistment therein and was domiciled and resident in Newfoundland within two years from the date of his discharge therefrom or the 8th day of May 1945, whichever is the later.