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

10 [Repealed, 1958, c. 41, s. 3]

Marginal note:Waiver of premiums after eighty-fifth birthday

11 Notwithstanding the provisions of this Act or the terms of any contract of insurance made thereunder, premiums falling due on or after the anniversary of his contract nearest the eighty-fifth birthday of the insured shall be waived.

Marginal note:Premiums

• 12 (1) The insurance contract may provide for the payment of a single premium or of premiums uniform throughout the lifetime of the insured, or during the lifetime of the insured for a period of ten, fifteen or twenty years, or until he attains the age of sixty-five years.

• Marginal note:Idem

  (2) The premiums payable under the various plans of contract shall be those shown in the Schedule to this Act.

Marginal note:Insured or beneficiary may be a Member of Parliament

13 Notwithstanding the Senate and House of Commons Act or any other law, no person, by reason only of his entering into a contract of insurance or receiving a benefit under this Act, is liable to any forfeiture or penalty imposed by the Senate and House of Commons Act or disqualified as a member of the House of Commons or incapable of being elected to, or of sitting or voting in the House of Commons.

Marginal note:Insurance unassignable and not liable to creditors

14 The insurance money payable under the contract shall be unassignable and shall not be subject to the claims of creditors of the insured or of the beneficiary.

Marginal note:When insured treated as if dead

• 14.1 (1) If the death of the insured has not been proved in accordance with the regulations made under paragraph 15(b) but the Minister is satisfied, after efforts satisfactory to the Minister have been made, that the insured has died or cannot be located, the Minister shall, subject to this section, apply this Act as if the insured had died on a date specified by the Minister.

• Marginal note:Definition of “Ministerial payment”

  (2) In subsection (3), “Ministerial payment” means an amount of insurance money that is payable by virtue of the operation of subsection (1) and would not be payable in the absence of its operation.

• Marginal note:Agreement to repay Minister

  (3) The Minister shall not make a Ministerial payment unless the person to whom that payment is to be made agrees in writing, in such form as is prescribed by the Minister, to repay to the Minister the amount of that payment in the event that the insured referred to in subsection (1) is subsequently determined by the Minister to be alive.

Marginal note:When beneficiary or contingent beneficiary treated as if dead

• 14.2 (1) If, after the insured’s death, the death of a beneficiary or contingent beneficiary has not been proved in accordance with the regulations made under paragraph 15(b) but the Minister is satisfied, after efforts satisfactory to the Minister have been made, that that beneficiary or contingent beneficiary died within the insured’s lifetime or cannot be located, the Minister shall, subject to this section, apply this Act as if that beneficiary or contingent beneficiary had died within the insured’s lifetime.

• Marginal note:Definition of “Ministerial payment”

  (2) In subsection (3), “Ministerial payment” means an amount of insurance money that is payable by virtue of the operation of subsection (1) and would not be payable in the absence of its operation.

• Marginal note:Agreement to repay Minister

  (3) The Minister shall not make a Ministerial payment unless the person to whom that payment is to be made agrees in writing, in such form as is prescribed by the Minister, to repay to the Minister the amount of that payment in the event that the beneficiary or contingent beneficiary referred to in subsection (1) is subsequently determined by the Minister to be alive.

Marginal note:Regulations

15 The Governor in Council may, for the purposes of this Act, make regulations,

• (a) prescribing such forms as he may consider necessary under this Act;

• (b) prescribing the mode of proving the age, identity and existence or death of persons;

• (c) prescribing the mode of paying money in connection with insurance contracts;

• (d) dispensing with the production of probate of a will or letters of administration, either generally or in any particular case or class of cases;

• (e) prescribing the accounts to be kept and their management;

• (f) determining before hand the cases or classes of cases in which an insurance contract may be surrendered and a cash surrender value paid therefor, or a paid-up insurance contract issued instead thereof and for prescribing the manner in which such cash surrender value or amount of paid-up insurance shall be determined;

• (g) determining the cases, not otherwise provided for in this Act, in which a person not originally named as, but who is eligible under this Act to be a beneficiary, may be made a beneficiary;

• (h) determining the cases, not otherwise provided for in this Act, in which an apportionment of the insurance money may be made or varied;

• (i) prescribing the class or classes of persons other than those mentioned in sections 4 and 5 who are entitled to be beneficiaries;

• (j) determining the cases in which a dependent, other than the spouse, common-law partner or child, of the insured may be named as a beneficiary under the contract;

• (k) determining in cases not otherwise provided for by the contract or by declaration or by this Act, the person or persons entitled to the share and the apportionment thereof in the death benefit of any beneficiary dying before the payment of instalments of the said benefit has been completed; and,

• (l) any other purpose for which it is deemed expedient to make regulations in order to carry this Act into effect.

Marginal note:Moneys received to go to C.R.F.

16 The moneys received under the provisions of this Act shall form part of the Consolidated Revenue Fund, and the moneys payable under the said provisions shall be payable out of the said Consolidated Revenue Fund.

Marginal note:Annual statement

• 17 (1) The Minister shall cause a statement to be prepared within three months after the end of each fiscal year showing,

  • (a) the premiums received during the fiscal year;

  • (b) the insurance moneys paid during the fiscal year;

  • (c) the number and amount of contracts in force at the end of the fiscal year; and

  • (d) such further information as the Minister deems advisable.

• Marginal note:To be laid before Parliament

  (2) Every such statement shall be laid before Parliament as soon as may be after it is prepared.

Marginal note:Time extended three years for receiving applications

18 Applications for insurance may be received under this Act up to and including the 31st day of August, 1933, but shall not be received thereafter.

19 [Renumbered to section 17]

20 [Renumbered to section 18]

21 [Repealed, 1951, c. 59, s. 14]