War Veterans Allowance Act (R.S.C., 1985, c. W-3)

Act current to 2014-10-15 and last amended on 2013-12-12. Previous Versions

War Veterans Allowance Act

R.S.C., 1985, c. W-3

An Act respecting allowances for war veterans and their dependants

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the War Veterans Allowance Act.

  • R.S., c. W-5, s. 1.

CONSTRUCTION

Marginal note:Construction

 The provisions of this Act shall be liberally construed and interpreted to the end that the recognized obligation of the people and Government of Canada to those who have served their country so well and to their dependants may be fulfilled.

  • R.S., 1985, c. 20 (3rd Supp.), s. 29.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “adjudication”

    « décision »

    “adjudication” means any decision, determination, refusal or award made under this Act pertaining to an allowance;

    “allowance”

    « allocation »

    “allowance” means an allowance payable under this Act;

    “base calendar year”

    « année civile de base »

    “base calendar year” means the calendar year ending next before the current payment period;

    “blind”

    « aveugle »

    “blind” has the meaning prescribed by regulations made under paragraph 25(q);

    “Board”

    « Tribunal »

    “Board” means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act;

    “child”

    « enfant »

    “child” means a child of

    • (a) a veteran,

    • (b) a veteran’s survivor who, having been a recipient, marries and

      • (i) whose spouse of that marriage dies, or

      • (ii) whose marriage ends in dissolution or legal separation, or

    • (c) a veteran’s survivor who, having been a recipient, acquires a common-law partner and

      • (i) whose common-law partner dies, or

      • (ii) who ceases to cohabit with that common-law partner,

    and includes an adopted child or a foster child of a veteran, and a child, adopted child or foster child of a veteran’s spouse or common-law partner;

    “common-law partner”

    « conjoint de fait »

    “common-law partner”, in relation to an individual, means a person who is cohabiting with the individual at the relevant time in a conjugal relationship, having so cohabited for a period of at least one year. For greater certainty,

    • (a) in the case of an individual’s death, the “relevant time” means the time of that death; and

    • (b) common-law partners cease to be common-law partners when they cease to cohabit.

    “Consumer Price Index”

    « indice des prix à la consommation »

    “Consumer Price Index”, in relation to any adjustment quarter, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that adjustment quarter;

    “current fiscal year”

    “current fiscal year”[Repealed, 1998, c. 21, s. 121]

    “current payment period”

    « période de paiement en cours »

    “current payment period”, in relation to a month, means the payment period that includes the month;

    “Department”

    « ministère »

    “Department” means the Department of Veterans Affairs;

    “dependent child”

    « enfant à charge »

    “dependent child” means

    • (a) a child who has no spouse or common-law partner and is

      • (i) under the age of eighteen years,

      • (ii) under the age of twenty-five years and following and making satisfactory progress in a course of instruction approved by the Minister,

      • (iii) under the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, or

      • (iv) over the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, where the incapacity occurred before the child attained the age of twenty-one years, or after the age of twenty-one years and before the age of twenty-five years while following and making satisfactory progress in a course of instruction approved by the Minister, or

    • (b) a child referred to in subparagraph (a)(i), (ii), (iii) or (iv) who has a spouse or common-law partner and is financially dependent on a recipient;

    “first adjustment quarter”

    « premier trimestre de rajustement »

    “first adjustment quarter”, in relation to a payment quarter, means,

    • (a) if the payment quarter commences on the first day of April, the period of three months commencing on the first day of November next before that first day of April,

    • (b) if the payment quarter commences on the first day of July, the period of three months commencing on the first day of February next before that first day of July,

    • (c) if the payment quarter commences on the first day of October, the period of three months commencing on the first day of May next before that first day of October, and

    • (d) if the payment quarter commences on the first day of January, the period of three months commencing on the first day of August next before that first day of January;

    “Korean War”

    « guerre de Corée »

    “Korean War” means the military operations undertaken by the United Nations to restore peace in the Republic of Korea during the period from June 25, 1950 to July 27, 1953, inclusive.

    “Minister”

    « ministre »

    “Minister” means the Minister of Veterans Affairs;

    “orphan”

    « orphelin »

    “orphan” means

    • (a) a child who is bereft by death of his or her parents,

    • (b) a child who is bereft by death of one parent and whose surviving parent has, in the opinion of the Minister, abandoned or deserted the child, or

    • (c) a child of

      • (i) divorced or separated parents, or

      • (ii) parents who are neither spouses nor common-law partners of each other

      who is bereft by death of a parent who, at the time of death, was receiving an additional allowance in respect of that child or would have been eligible to receive an additional allowance in respect of that child but for the level of that parent’s income, and

    which child, not being the child of any other recipient, is

    • (d) under the age of eighteen years,

    • (e) under the age of twenty-five years and following and making satisfactory progress in a course of instruction approved by the Minister,

    • (f) under the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, or

    • (g) over the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, where the incapacity occurred before the child attained the age of twenty-one years or after the age of twenty-one years and before the age of twenty-five years while following and making satisfactory progress in a course of instruction approved by the Minister;

    “parent”

    « parent »

    “parent” includes

    • (a) an adoptive or foster-parent, and

    • (b) a parent’s spouse or common-law partner;

    “payment period”

    « période de paiement »

    “payment period” means

    • (a) before April 1, 1998, the fiscal year,

    • (b) the fifteen-month period that begins on April 1, 1998 and ends on June 30, 1999, and

    • (c) after June 30, 1999, the twelve-month period that begins on July 1 of one year and ends on June 30 of the next year;

    “payment quarter”

    « trimestre de paiement »

    “payment quarter” means a period of three months commencing on the first day of April, July, October or January in any payment period;

    “payment review period”

    “payment review period”[Repealed, 2000, c. 34, s. 69]

    “personal information”

    « renseignements personnels »

    “personal information” has the same meaning as in section 3 of the Privacy Act;

    “previous fiscal year”

    “previous fiscal year”[Repealed, 1998, c. 21, s. 121]

    “previous payment period”

    « période de paiement précédente »

    “previous payment period” means the payment period ending next before the current payment period;

    “recipient”

    « allocataire » ou « bénéficiaire »

    “recipient” means any person to whom or on whose behalf payment of an allowance is authorized by this Act;

    “resistance group”

    « groupe de résistance »

    “resistance group” means any force that was raised during World War I or World War II, as delimited by subsection 37(10), in a country after it was occupied by an enemy of His Majesty in that War and that operated against that enemy;

    “second adjustment quarter”

    « second trimestre de rajustement »

    “second adjustment quarter”, in relation to a payment quarter, means,

    • (a) if the payment quarter commences on the first day of April, the period of three months commencing on the first day of August next before that first day of April,

    • (b) if the payment quarter commences on the first day of July, the period of three months commencing on the first day of November next before that first day of July,

    • (c) if the payment quarter commences on the first day of October, the period of three months commencing on the first day of February next before that first day of October, and

    • (d) if the payment quarter commences on the first day of January, the period of three months commencing on the first day of May next before that first day of January;

    “surviving common-law partner”

    « conjoint de fait survivant »

    “surviving common-law partner”, in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a former common-law partner of that individual;

    “surviving spouse”

    « époux survivant »

    “surviving spouse”, in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a divorced spouse of that individual;

    “survivor”

    « survivant »

    “survivor”, in relation to an individual, means

    • (a) a surviving spouse or surviving common-law partner of that individual who is not a veteran and who has not remarried or married, as the case may be, or acquired a subsequent common-law partner,

    • (b) a surviving spouse or surviving common-law partner of that individual who is not a veteran, who has remarried or married, as the case may be, and whose spouse of that marriage dies or whose marriage ends in dissolution or legal separation, and

    • (c) a surviving spouse or surviving common-law partner of that individual who is not a veteran, who has acquired a subsequent common-law partner and whose subsequent common-law partner dies or who ceases to cohabit with that common-law partner;

    “veteran”

    « ancien combattant »

    “veteran” means any former member of the North West Field Force and any of the following persons, more particularly described in section 37, namely,

    • (a) a veteran of the South African War,

    • (b) a Canadian veteran of World War I or World War II,

    • (b.1) a merchant navy veteran of World War I or World War II,

    • (c) an allied veteran,

    • (d) a Canadian dual service veteran,

    • (e) an allied dual service veteran,

    • (f) a Canadian Forces veteran, and

    • (g) a Canadian merchant navy veteran of the Korean War.

    “widow”

    “widow”, “widower” or “surviving spouse”[Repealed, 2000, c. 12, s. 317]

  • Marginal note:Surviving spouse of allied veteran

    (2) For the purposes of this Act, the definition “survivor” in subsection (1) includes a person who has resided in Canada for a total period of at least 10 years and who was the spouse or common-law partner of an individual at the time of the individual’s death and the individual

    • (a) died after October 13, 2008;

    • (b) was, at the time of death, a resident in Canada; and

    • (c) was, at the time of death, an individual described in subsection 37(4.1) or (4.2), even if they had not resided in Canada for a total period of at least 10 years, but only if the total of the time they resided in Canada prior to their death and the time that has elapsed since their death is at least 10 years.

  • Marginal note:Survivor — limitation

    (3) For the purposes of the definition “survivor” in subsection (1), a spouse or common-law partner is the survivor of an allied veteran referred to in paragraph 37(4)(d.1) or subsection 37(4.1) or (4.2) only if that allied veteran died after October 13, 2008.

  • R.S., 1985, c. W-3, s. 2;
  • R.S., 1985, c. 7 (1st Supp.), s. 1, c. 12 (2nd Supp.), s. 9, c. 20 (3rd Supp.), s. 30;
  • 1990, c. 43, s. 32;
  • 1992, c. 24, s. 9;
  • 1995, c. 17, s. 68, c. 18, s. 102;
  • 1998, c. 21, ss. 121, 124;
  • 1999, c. 10, s. 1;
  • 2000, c. 12, s. 317, c. 34, ss. 69, 90(E), 94(F);
  • 2009, c. 20, s. 1.