Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

1 For the purposes of subsection 39(1) and this Schedule,

common-law partner

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

member of the Women’s Royal Naval Services

member of the Women’s Royal Naval Services means a person who

• (a) enrolled in the Women’s Royal Naval Service,

• (b) enrolled in Queen Alexandra’s Royal Naval Nursing Service or the reserve therefor, or

• (c) enrolled as a medical or dental practitioner employed with the Medical Branch or Dental Branch of the Royal Navy with naval status for general service; (personnel du Corps féminin de la Marine royale)

person in receipt of a pension by reason of war service

person in receipt of a pension by reason of war service means a person who

• (a) is in receipt of a pension

  • (i) by reason of service in World War I, or

  • (ii) by reason of service only in World War II, and who at the commencement of such service was domiciled in Canada or Newfoundland,

• (b) has, from causes attributable to that service lost capacity for physical exertion to an extent that makes the person unfit to pursue efficiently the vocation that the person was pursuing before the war, and

• (c) has not been successfully re-established in any other vocation; (pensionné de guerre)

survivor of a veteran

survivor of a veteran means the surviving spouse or surviving common-law partner of a person who, being a veteran referred to in any of paragraphs (a) to (e) of the definition veteran, died from causes arising during the service by virtue of which the person became a veteran; (survivant d’un ancien combattant)

veteran

veteran means, subject to subsection 2(1) of this Schedule, a person who

• (a) during World War I was on active service overseas in the naval, army or air forces or who served on the high seas in a seagoing ship of war in the naval forces of His Majesty or of any of the Allies of His Majesty, and who has left that service with an honourable record or has been honourably discharged,

• (b) during World War II was on active service

  • (i) in the naval, army or air forces of His Majesty or of any of His Majesty’s Allies and at the commencement of that active service was domiciled in Canada or Newfoundland, or

  • (ii) in the naval, army or air forces of Canada, and, not being domiciled in Canada at the commencement of that active service, is a Canadian citizen,

  and who, in the course of that service, performed duties outside of the Western Hemisphere, or on the high seas in a ship or other vessel service that was, at the time the person performed those duties, classed as “sea time” for the purpose of the advancement of naval ratings, or that would have been so classed had the ship or other vessel been in the service of the naval forces of Canada,

• (c) during World War II served as a member of the Women’s Royal Naval Services or as a member of the South African Military Nursing Service outside of the Western Hemisphere and who, at the commencement of her service during World War II, was domiciled in Canada or Newfoundland,

• (d) has been certified by the Deputy Minister of Foreign Affairs as having been enrolled in Canada or Newfoundland by United Kingdom authorities for special duty during World War II in war areas outside of the Western Hemisphere, and who served outside of the Western Hemisphere, and at the time of enrolment was domiciled in Canada or Newfoundland,

• (e) during World War II served outside of the Western Hemisphere with the naval, army or air forces of His Majesty raised in Canada or Newfoundland as a representative of Canadian Legion War Services, Inc., the National Council of the Young Men’s Christian Associations of Canada, Knights of Columbus Canadian Army Huts, or Salvation Army Canadian War Services, was authorized so to serve by the appropriate naval, army or air force authority and who, at the commencement of that service with those forces during World War II, was domiciled in Canada or Newfoundland, or

• (f) has served at least three years in the Canadian Forces, has been honourably released within the meaning of regulations made under the National Defence Act and is not employed in the public service for an indeterminate period; (ancien combattant)

Western Hemisphere

Western Hemisphere means the continents of North and South America, the islands adjacent thereto and the territorial waters thereof, including Newfoundland, Bermuda and the West Indies, but excluding Greenland, Iceland and the Aleutian Islands; (hémisphère occidental)

World War I

World War I means the war declared by His Majesty on August 4, 1914 against the Empire of Germany and subsequently against other powers; (Première Guerre mondiale)

World War II

World War II means the war declared by His Majesty on the September 10, 1939 against the German Reich and subsequently against Italy, Finland, Hungary, Rumania and Japan. (Seconde Guerre mondiale)

• 2 (1) The definition veteran in section 1 of this Schedule does not include a person who

  • (a) served outside of the Western Hemisphere or on the high seas only in that the person was a passenger in an aircraft, ship or other vessel, or only in that the person underwent a limited period of training in an aircraft, ship or other vessel incidental to a program of instruction, or

  • (b) by reason of the misconduct of the person, since September 10, 1939, ceased to serve in the naval, army or air forces of His Majesty or of any of His Majesty’s Allies, to be a member of the Women’s Royal Naval Services or the South African Military Nursing Service, to be enrolled for the special duty mentioned in the definition veteran in section 1 of this Schedule or to serve with the forces as a representative of Canadian Legion War Services Inc., the National Council of the Young Men’s Christian Associations of Canada, Knights of Columbus Canadian Army Huts or Salvation Army Canadian War Services.

• (2) For the purpose of determining whether a person is a veteran, World War II is deemed to have terminated

  • (a) in respect of service in connection with operations in the European and Mediterranean Theatres of War, on May 8, 1945; and

  • (b) in respect of service in connection with operations in the Pacific Theatre of War, on August 15, 1945.