Advanced Search

• 1 Claims by Canadians

  • [...]

  • (b) For the purpose of determining whether a corporation is a Canadian at any relevant time, of the three tests recommended by the Advisory Commission on War Claims, those as to residence and trading only are retained and the test relating to ownership of outstanding securities is deleted.

  • (c) A corporation regarded as having had residence both in Canada and outside of Canada at any relevant time may be treated as at that time having had Canadian residence only if it then was incorporated in Canada.

• 2 Maltreatment

  • [...]

  • (b) In respect of the Far Eastern Theatre:

    Maltreatment awards at the rate of one dollar per diem to or in respect of former prisoners of war of the Japanese eligible therefor under the Report of the Advisory Commission on War Claims may be paid in a lump sum as in the case of such awards to or in respect of civilians, and such payments shall include any benefit for which the recipients may be eligible pursuant to Article 16 of the Treaty of Peace with Japan.

  • (c) Surviving awards — civilian claims:

    Where there is a valid death claim in addition to a claim for maltreatment the accrual of the benefits of the maltreatment award to the widow, dependent husband, child, children, dependent parent or parents of the deceased as the case may be, shall not be taken into account in determining the pecuniary loss which he, she, or they, have suffered from the death.

  • [...]

  • (e) Additional payments:

    There may be paid to every person to or in respect of whom, on or prior to the coming into force of this paragraph, payment of a maltreatment award was authorized to be made, an additional amount equal to fifty per cent of the maltreatment award so authorized, but if that person is dead, the additional amount shall be paid to such person as the Treasury Board designates.

  • (f) Increases in rates:

    In their application to persons to or in respect of whom no payment of a maltreatment award was authorized on or prior to the coming into force of this paragraph but who may be eligible to receive such an award, paragraphs (a) and (b) shall be read and construed as if for the words “one dollar” there were substituted the words “one dollar and fifty cents”.

[...]

• 7 Where the War Claims Commissioner is satisfied that a claimant is entitled to receive a payment of compensation from the Governments of Hungary or Roumania pursuant to the Treaties of Peace with Hungary and with Roumania, and that the amount thereof has not been paid to the claimant, he shall not in applying the rules regard such entitlement as satisfaction otherwise provided for; provided that the claimant has assigned his rights to such entitlement to the Crown in right of Canada.

[...]