Returned Soldiers’ Insurance Act (S.C. 1920, c. 54)

Act current to 2019-07-01

Returned Soldiers’ Insurance Act

S.C. 1920, c. 54

Assented to 1920-07-01

An Act to provide for the Insurance of Returned Soldiers by the Dominion of Canada

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

Marginal note:Short title

 This Act may be cited as The Returned Soldiers’ Insurance Act.

Marginal note:Definitions

 In this Act and in any regulation, unless the context otherwise requires,

  • (a) brother includes a half-brother and sister includes a half-sister; (frère et soeur)

  • (b) child includes,

    • (i) a legally adopted child;

    • (ii) a stepchild who is designated by the insured as a beneficiary and in such designation is described either by name or as a stepchild; and

    • (iii) a child acknowledged or maintained by the insured or for whom the insured has been judicially ordered to provide support; (enfant)

  • (b.1) 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)

  • (c) grandchild means a child as above defined of a child as above defined; (petit-enfant)

  • (d) Minister means the Minister of Veterans Affairs or such other Minister as the Governor in Council may from time to time determine; (Ministre)

  • (e) parent includes a father, mother, grandfather, grandmother, stepfather, stepmother, foster-father, foster-mother, of either the insured or the spouse or common-law partner of the insured; (parent)

  • (f) regulation means a regulation made under the provisions of this Act; (règlement)

  • (g) returned soldier means any person, male or female, who served as an officer or warrant officer or who enlisted or was enrolled or was drafted for service in the naval, military or air forces of Canada in the Great War, or having been domiciled and resident in Canada on the 4th day of August, 1914, has served in any of His Majesty’s naval, military or air forces in the said war; or, having been domiciled and resident as aforesaid, has served in the naval, military or air forces of one of His Majesty’s Allies or Associated Powers in the Great War; and who has been retired or obtained honourable discharge therefrom; (soldat de retour)

  • (h) widow means the widow of a returned soldier who has died after retirement or honourable discharge from service and before the expiration of twelve months from the coming into force of this Act; (veuve)

  • (h.1) widower means the widower of a returned soldier who has died after retirement or honourable discharge from service and before the expiration of twelve months from the coming into force of this Act; (veuf)

  • (i) the insured means any person with whom the Minister enters into a contract under this Act. (l’assuré)

  • 1920, c. 54, s. 2
  • 1951, c. 59, s. 1
  • 1985, c. 26, s. 96
  • 2000, c. 12, ss. 278, 280, c. 34, s. 93(F)

Marginal note:Insurance and limits thereof

  •  (1) The Minister may enter into an insurance contract with any returned soldier or with any widow or widower, providing for the payment of five hundred dollars or any multiple thereof, not, however, exceeding five thousand dollars in the event of the death of the insured.

  • Marginal note:How payable

    (2) Payment under an insurance contract shall be made on the death of the insured in an amount that, at the option of the insured, is the full face value of the policy or any lesser amount, and the remainder, if any, or the portion thereof to which any beneficiary is entitled, shall, at the option of the insured, be payable as

    • (a) an annuity certain for five, ten, fifteen or twenty years;

    • (b) a life annuity; or

    • (c) an annuity guaranteed for five, ten, fifteen or twenty years and payable thereafter as long as the beneficiary may live.

  • Marginal note:Payment of annuity in a lump sum or otherwise

    (3) Notwithstanding anything in this Act, where, at the death of the insured, any insurance money is being paid or is to be paid as an annuity to any beneficiary, such money shall, upon the request of the beneficiary, be paid in a lump sum or in any other manner provided for in subsection (2) as the beneficiary may request.

  • (4) and (5) [Repealed, 1951, c. 59, s. 2]

  • 1920, c. 54, s. 3
  • 1921, c. 52, ss. 1, 2
  • 1928, c. 45, s. 1
  • 1951, c. 59, s. 2
  • 1958, c. 41, s. 1
  • 1974-75-76, c. 92, s. 5
  • 1985, c. 26, s. 97

Marginal note:Who are the beneficiaries

  •  (1) Where the insured has a spouse, common-law partner or children, the beneficiary shall, subject to subsections (4) and (5), be the spouse, common-law partner or children of the insured, or some one or more of such persons.

  • Marginal note:Who are the beneficiaries

    (2) Where the insured has no spouse, common-law partner or children, the beneficiary shall, subject to subsections (4) and (5) and section 5, be the future spouse, future common-law partner or future children of the insured, or some one or more of such persons.

  • Marginal note:Apportionment of insurance money

    (3) Where the insured designates more than one beneficiary, the insured may apportion, and may at any time reapportion, the insurance money between or among them as he sees fit, and, in default of any such apportionment, the insurance money shall be paid in equal shares to the designated beneficiaries surviving the insured.

  • Marginal note:New designation where death of beneficiary

    (4) Where a designated beneficiary dies in the lifetime of the insured, the insured may, subject to subsections (1) and (2), designate a beneficiary or beneficiaries to whom the share formerly apportioned to the deceased beneficiary shall be paid, and, in default of any such designation, the said share shall be divided equally among the surviving designated beneficiaries, if any.

  • Marginal note:Where no designated beneficiary

    (5) Where the insured does not designate a beneficiary, or where all of the beneficiaries designated by him die within his lifetime, the insurance money shall be paid to the spouse, the common-law partner and the children of the insured in equal shares, and if the insured survives the spouse, the common-law partner and all the children of the insured and there is no contingent beneficiary within the meaning of section 5 surviving the insured, the insurance money shall be paid, as it falls due or otherwise as the Minister may determine, to the estate or succession of the insured.

  • (6) and (7) [Repealed, 2000, c. 12, s. 279]

  • 1920, c. 54, s. 4
  • 1951, c. 59, s. 3
  • 1958, c. 41, s. 2
  • 1974-75-76, c. 92, s. 6
  • 1990, c. 43, s. 52
  • 2000, c. 12, ss. 279, 281, 284(E)

Marginal note:Designation of contingent beneficiaries

  •  (1) The insured may designate as a contingent beneficiary a grandchild, parent, brother, sister, uncle, aunt, nephew, niece or first cousin of the insured or such other person as may by regulation be prescribed for the purposes of this section, or some one or more of such persons, to whom the insurance money or any portion thereof shall be paid in the event that the insured at the time of his death has no spouse, common-law partner or children.

  • Marginal note:Payment to contingent beneficiaries or to estate or succession

    (2) Where the insured survives the spouse, the common-law partner and all the children of the insured, the insurance money shall be paid to the contingent beneficiary or beneficiaries, if any, but in default of the designation of a contingent beneficiary, or in the event of the death of all the contingent beneficiaries within the lifetime of the insured, the insurance money shall be paid, as it falls due or otherwise as the Minister may determine, to the estate or succession of the insured.

  • Marginal note:Apportionment among contingent beneficiaries

    (3) Where the insured designates more than one contingent beneficiary, the insured may apportion, and may at any time reapportion, the insurance money between or among them as he sees fit, and, in default of any such apportionment, the insurance money shall be paid in equal shares to the contingent beneficiaries surviving the insured.

  • Marginal note:Death of contingent beneficiaries

    (4) Where a contingent beneficiary dies in the lifetime of the insured, the insured may, subject to subsection (1), designate a contingent beneficiary or beneficiaries to whom the share formerly apportioned to the deceased contingent beneficiary shall be paid, and, in default of any such designation, the said share shall be divided equally among the contingent beneficiaries, if any, surviving the insured.

  • 1920, c. 54, s. 5
  • 1951, c. 59, s. 3
  • 1958, c. 41, s. 2
  • 2000, c. 12, ss. 281, 283, 284(E)
 
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