Short Title

Marginal note:Short title

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

Construction

Marginal note:Construction

1.01 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.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  adjudication

  décision

  adjudication means any decision, determination, refusal or award made under this Act pertaining to an allowance; (décision)

  allowance

  allocation

  allowance means an allowance payable under this Act; (allocation)

  base calendar year

  année civile de base

  base calendar year means the calendar year ending next before the current payment period; (année civile de base)

  blind

  aveugle

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

  Board

  Tribunal

  Board means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act; (Tribunal)

  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; (enfant)

  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; (conjoint de fait)

  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; (indice des prix à la consommation)

  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; (période de paiement en cours)

  Department

  ministère

  Department means the Department of Veterans Affairs; (ministère)

  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; (enfant à charge)

  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; (premier trimestre de rajustement)

  Minister

  ministre

  Minister means the Minister of Veterans Affairs; (ministre)

  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; (orphelin)

  parent

  parent

  parent includes

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

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

  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; (période de paiement)

  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; (trimestre de paiement)

  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; (renseignements personnels)

  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; (période de paiement précédente)

  recipient

  allocataire ou bénéficiaire

  recipient means any person to whom or on whose behalf payment of an allowance is authorized by this Act; (allocataire ou bénéficiaire)

  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; (groupe de résistance)

  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; (second trimestre de rajustement)

  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; (conjoint de fait survivant)

  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; (époux survivant)

  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; (survivant)

  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. (ancien combattant)

  widow

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

• (2) [Repealed, 1995, c. 17, s. 68]

• (3) [Repealed, 2000, c. 12, s. 317]

Equality of Status

Marginal note:Status of males and females

3 Male and female veterans under this Act enjoy equality of status and, subject to subsection 4(2), equal rights and obligations under this Act.

Allowances to Veterans, Survivors and Orphans

Marginal note:Veterans, survivors and orphans

• 4 (1) Subject to this Act, an allowance is payable to

  • (a) any male person who is a veteran or a survivor of a veteran and who has attained the age of sixty years,

  • (b) any female person who is a veteran or a survivor of a veteran and who has attained the age of fifty-five years,

  • (c) any veteran, or survivor of a veteran, who, in the opinion of the Minister,

    • (i) is permanently unemployable because of physical or mental disability,

    • (ii) is, because of physical or mental disability or insufficiency combined with economic handicaps, incapable and unlikely to become capable of maintaining himself or herself, or

    • (iii) is, because of the need to provide care for a dependent child residing at home, incapable of maintaining himself or herself, and

  • (d) an orphan,

  and who is resident in Canada.

• Marginal note:Exception

  (2) Section 3 does not apply to subsection (1).

• Marginal note:Amount of allowance

  (3) The monthly allowance payable under this section to a veteran, survivor or orphan in a current payment period shall be computed as follows:

  • (a) determine the applicable monthly income factor specified for the veteran, survivor or orphan in column II of the schedule;

  • (b) determine the applicable monthly allowance ceiling for the veteran, survivor or orphan by subtracting from the applicable monthly income factor determined under paragraph (a) one-twelfth of the income for the base calendar year of the veteran and the veteran’s spouse or common-law partner, if any, or the survivor or orphan, as the case may be; and

  • (c) determine the monthly allowance payable to the veteran, survivor or orphan by subtracting from the applicable monthly allowance ceiling determined under paragraph (b) the current monthly benefits, if any,

    • (i) payable under the Old Age Security Act or, if no such benefits are payable, such benefits as are deemed to be payable pursuant to regulations made under paragraph 25(p), to or in respect of the veteran and the veteran’s spouse or common-law partner, if any, or the survivor or orphan, as the case may be, or

    • (ii) payable under the Pension Act, section 34 of the Veterans Review and Appeal Board Act, any enactment prescribed by regulations made under section 25, or any similar or equivalent laws of the country in whose forces the veteran served, but not including any monthly benefit payable

      • (A) under section 38 of the Pension Act or under similar or equivalent laws of the country in whose forces the veteran served, or

      • (B) as an additional allowance under the Pension Act in respect of any child or parent of a veteran or under similar or equivalent laws of the country in whose forces the veteran served,

      to or in respect of the veteran and the veteran’s spouse or common-law partner, if any, or the survivor or orphan, as the case may be.

• Marginal note:Payment where recipient absent from Canada

  (4) Notwithstanding subsection (1), the allowance payable under this section to a veteran, survivor or orphan may be paid to that veteran, survivor or orphan who absents himself or herself from Canada after July 31, 1960 if, on the day that he or she leaves Canada, he or she

  • (a) is a recipient of an allowance under this section or section 5; and

  • (b) had been resident in Canada for the twelve months immediately preceding that day.

• Marginal note:Payment to survivors and orphans resident outside Canada

  (5) Notwithstanding anything in this section, the allowance payable under this section to a survivor or orphan may be paid to

  • (a) the survivor of a recipient if that survivor resides outside Canada and was living with, maintaining or being maintained by that recipient at the time of the recipient’s death; and

  • (b) an orphan of a recipient if that orphan resides outside Canada and if that recipient, at the time of death,

    • (i) was receiving an additional allowance in respect of the child, or

    • (ii) would have been eligible to receive an additional allowance in respect of the child but for the level of the recipient’s income.

• Marginal note:Veteran couples

  (6) Where spouses residing together, or common-law partners, are both veterans, each may be paid the allowance that would be payable under this section if each veteran were a veteran without a spouse or common-law partner.

• Marginal note:Veteran couples

  (6.1) Where one of the veterans referred to in subsection (6) is not entitled to any allowance under that subsection, each may be paid the allowance that would be payable under this section if each veteran

  • (a) were a veteran without a spouse or common-law partner; and

  • (b) had one half of the aggregate of the income and benefits of both veterans.

• Marginal note:Dependent child allowance exception

  (7) Notwithstanding subsection (6), either veteran referred to in that subsection is entitled to an allowance in respect of a dependent child of either or both of the veterans.

• Marginal note:If couple not residing together

  (8) If the Minister is satisfied that an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together as a result of one or both of them having to reside in a treatment or care facility or as a result of any other circumstances that are prescribed by regulations made under section 25, the Minister may direct that the applicant and spouse or common-law partner, or the recipient and spouse or common-law partner, as the case may be, be treated in the same manner as if they were persons referred to in subsection (6) and each person had one half of the aggregate of the income and benefits of both persons, and in that case, if the Minister deems it appropriate, the Minister shall apportion the allowances payable to them having regard to the circumstances of each of them and any dependent children involved.

Special Awards

Marginal note:Death of veteran

• 5 (1) On the death of a veteran who, at the time of their death or at any time within the last twelve months of their life, was a recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award a monthly allowance to the veteran’s survivor.

• Marginal note:Amount of allowance

  (1.1) The monthly allowance payable to a survivor under this section shall be computed in the same manner as a monthly allowance under section 4, except that the applicable monthly income factor referred to in paragraph 4(3)(a) in respect of the survivor shall be a monthly income factor specified in column II of the schedule opposite paragraph 2(a), (b) or (c) of the schedule, whichever is applicable, as if the survivor were a veteran described in paragraph 2(a) of the schedule.

• Marginal note:Inclusion of amount for dependent child

  (1.2) A monthly allowance payable to a survivor under this section shall, where the veteran who died left one or more dependent children, include an amount in respect of the child or children computed in accordance with the income factor specified in column II of the schedule opposite paragraph 2(d) of the schedule.

• Marginal note:Death of spouse or common-law partner

  (2) On the death of a spouse or common-law partner in respect of whom a veteran was, at the time of the death or at any time within the twelve months immediately preceding the death, a recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award to that veteran a monthly allowance payable in the same manner and to the same extent as if the veteran were a survivor referred to in subsections (1) to (1.2).

• Marginal note:Death of child

  (3) On the death of a child in respect of whom a veteran or the survivor of a veteran was, at the time of the death or at any time within the twelve months immediately preceding the death, the recipient of an allowance under section 4, the Minister may, in the Minister’s discretion and within twelve months from the date of the death, award to that veteran or survivor a monthly allowance payable in the same manner and to the same extent as if the veteran or survivor were a survivor referred to in subsections (1) to (1.2).

• Marginal note:Limitation on allowance payable

  (4) Notwithstanding anything in this Act, no allowance under this section is payable on the death of a veteran or of a spouse, common-law partner or child of a veteran in respect of any period more than twelve months after the month in which death occurs, and no other allowance is payable under this Act to a person to whom any allowance under this section has been awarded, during any period in respect of which the allowance so awarded is payable to that person.

• Marginal note:Applications pending at time of death

  (5) Where, at any time after March 31, 1955, a veteran dies and, at the time of death,

  • (a) the veteran was eligible for an allowance under section 4, and

  • (b) an application for that allowance made by the veteran and received by the Minister was pending,

  the veteran shall, if the Minister so directs, be deemed, for the purposes of subsection (1), to have been a recipient of that allowance at the time of death.

• Marginal note:Saving

  (6) Notwithstanding the time limitation of twelve months within which the Minister may make an award under subsection (1), (2) or (3), the Minister may make an award under any of those subsections after the expiration of those twelve months where, as determined by the Minister, the failure to make an award within those twelve months was caused by administrative oversight.

Payment of Allowances

Marginal note:When allowance to cease

6 Subject to this Act, an allowance payable under section 4 or awarded under section 5 shall continue to be paid during the lifetime of the person to whom or in respect of whom the allowance is paid and shall cease with the payment for the month in which the death of that person occurs.

6.1 [Repealed, 1995, c. 17, s. 69]

Veterans Without Pre-war Canadian Domicile

Marginal note:Continuation of allowance

• 6.2 (1) Subject to this Act, an allowance payable under section 4 or awarded under section 5, on or before February 27, 1995, to or in respect of a person who is an allied veteran within the meaning of paragraph 37(4)(b) or an allied dual service veteran within the meaning of paragraph 37(6)(b), as those paragraphs read immediately before that day, shall continue to be paid during the lifetime of the recipient and shall cease with the payment for the month in which the recipient dies.

• Marginal note:Continuation of right to allowance

  (2) Subject to this Act but notwithstanding subsections 4(4) and (5), a survivor or orphan of an allied veteran or an allied dual service veteran to whom payment of an allowance was continued by subsection (1) may, on or after February 27, 1995, apply for and be paid an allowance under section 4 or be awarded an allowance under section 5, and any allowance so paid or awarded shall continue to be paid during the lifetime of the recipient and shall cease with the payment for the month in which the recipient dies.

• Marginal note:When no allowance payable

  (3) No allowance under section 4 or 5 shall be paid to or in respect of a person referred to in subsection (1) or (2) for any month after February, 1996 in which the person resides outside Canada.

• Marginal note:Residency requirement

  (4) In determining the rate of an allowance referred to in subsection (1) or (2) after February 29, 1996, a person is maintained by another, dependent on another or a dependent child of another only if the person is resident in Canada.

• Marginal note:Exceptions

  (5) Notwithstanding subsections (3) and (4), a person to whom subsection (1) or (2) applies who

  • (a) at any time during the period beginning on March 1, 1995 and ending on December 19, 1995, was in receipt of, or had a right to receive, an allowance referred to in subsection (1) while residing outside Canada, or

  • (b) was the spouse, common-law partner or child of an allied veteran or an allied dual service veteran referred to in subsection (1) who, at any time during the period beginning on March 1, 1995 and ending on December 19, 1995, was in receipt of, or had a right to receive, an allowance referred to in subsection (1) while residing outside Canada

  shall, subject to this Act, be paid their allowance, during their lifetime, for any month beginning after February 1996 in which the person resides outside Canada and ending with such month as the Minister may fix by order.

• Marginal note:Status as spouse, common-law partner or child

  (6) For the purposes of subsection (5), no person is to be considered a spouse, common-law partner or child under paragraph (5)(b) if they acquire their status as spouse, common-law partner or child after December 2, 1998.

Definition of “income”

Marginal note:Definition of income

• 7 (1) For the purposes of this Act, income, of a person for a calendar year, has the same meaning as in section 2 of the Old Age Security Act except that, for the purposes of this Act,

  • (a) [Repealed, 1992, c. 48, s. 30]

  • (a.1) there shall be included in income of the person for the year any payment made to the person or the person’s spouse or common-law partner, if any, in the year under

    • (i) the Flying Accidents Compensation Regulations,

    • (ii) the Royal Canadian Mounted Police Superannuation Act,

    • (iii) section 22 of the Corrections and Conditional Release Act, and

    • (iv) the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970;

  • (b) there shall not be included in income of the person for the year

    • (i) casual earnings in the year being net income from employment, self-employment or rental of property the aggregate of which from those sources does not exceed, in respect of the person, the person and the person’s spouse or common-law partner or the person and the person’s spouse or common-law partner who is a veteran, as the case may be, such applicable maximum amount as is prescribed by regulations made under section 25 in respect of a person without a spouse or common-law partner, a person with a spouse or common-law partner and a person with a spouse or common-law partner who is a veteran,

    • (ii) net interest income in the year from any source the aggregate of which does not exceed, in respect of the person or the person and the person’s spouse or common-law partner, as the case may be, such applicable maximum amount as is prescribed by regulations made under section 25 in respect of a person without a spouse or common-law partner and a person with a spouse or common-law partner,

    • (iii) any amount paid under any law that provides compensation to workers injured in the course of their employment as an attendance allowance in respect of the person or the person’s spouse or common-law partner, if any, or the person’s survivor or orphan, or

    • (iv) any amount paid to the person or the person’s spouse or common-law partner, if any, or the person’s survivor or orphan by reason of a decoration for gallantry;

  • (c) business losses and capital losses shall be taken into account in the year in which those losses occurred;

  • (d) dividend income shall be taken into account on the basis of the actual amount of the dividend; and

  • (e) paragraph (d) of the definition income in section 2 of the Old Age Security Act does not apply.

• Marginal note:If change to other Acts

  (2) Despite subsection (1), if it appears to the Governor in Council that any amendment to the Income Tax Act or the regulations made under that Act, or to the Old Age Security Act, would result in a significant change in the amount of any allowance payable in respect of any class of persons under this Act, the Governor in Council may make orders to alleviate the effect of the change by deeming, for the purposes of this Act, revenue specified in the orders, or a part of that revenue, to be or not to be, as the case may require, income of a person referred to in subsection (1).

Limitations

Marginal note:Application for allowance

8 No allowance is payable under section 4 unless an application therefor has been made in accordance with this Act and the regulations and the allowance has been awarded.

Marginal note:Statement of income to be made

• 8.1 (1) Every person who makes an application for an allowance shall include in the application a statement of the income of the person and the person’s spouse or common-law partner, if any, for the base calendar year.

• (1.1) and (1.2) [Repealed, 2000, c. 34, s. 72]

• Marginal note:Option to file statement of estimated income

  (2) If there is an ongoing decrease in the income of an applicant, a recipient or, when applicable, the spouse or common-law partner of an applicant or a recipient, beginning in any month in the period between the beginning of the base calendar year and the end of the current payment period, the applicant or recipient may file with the Minister, in addition to any statement required under subsection (1) or 27(1), a statement of the estimated monthly income of the applicant or recipient and, when applicable, of the spouse or common-law partner of the applicant or recipient.

• Marginal note:Effect on amount of monthly allowance

  (3) The monthly allowance payable to the applicant or recipient referred to in subsection (2) for the month in which the decrease in income began, and for any subsequent month in the previous and current payment periods, shall be based on the estimated monthly income if

  • (a) the estimated monthly income

  is less than

  • (b) one twelfth of the income for the base calendar year applicable to that month

  by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1).

• Marginal note:Continuation of allowance based on estimated income

  (4) If a recipient’s monthly allowance for the last month of the previous payment period was based on estimated monthly income, the monthly allowance payable for the current payment period may be based on the same estimated monthly income if

  • (a) that estimated monthly income

  continues to be less than

  • (b) one twelfth of the income for the base calendar year applicable to the current payment period

  by at least the amount prescribed by, or determined in accordance with, the regulations made under paragraph 25(e.1).

• Marginal note:If ongoing increase in income occurs

  (5) Each time that a recipient whose allowance is based on estimated monthly income experiences an ongoing increase in income or, when applicable, in the income of their spouse or common-law partner,

  • (a) the recipient shall without delay notify the Minister of the increase; and

  • (b) the calculation of the recipient’s monthly allowance for the month in which the increase began, and for subsequent months in the current payment period, shall be based on that increase.

Marginal note:Enemy forces

9 No allowance shall be paid to any person who served in enemy forces in World War II.

Marginal note:Survivor

• 10 (1) Subject to subsection (2), no allowance shall be paid to the survivor of a veteran unless the survivor was residing with, maintaining or being maintained by the veteran at the time of the veteran’s death.

• Marginal note:Exemption

  (2) The Minister may exempt any survivor from the operation of subsection (1) in any case where the Minister deems it just and reasonable to do so.

Marginal note:Recent marriage

11 Notwithstanding anything in this Act, no allowance under section 4 shall be paid and no allowance under section 5 shall be awarded to the surviving spouse of a veteran if the veteran dies within one year after the date of the marriage, unless, in the opinion of the Minister

• (a) the veteran was at the time of that marriage in such a condition of health as to justify the veteran in having an expectation of life of at least one year; or

• (b) the circumstances surrounding the marriage and subsequent death of the veteran are of such a special nature as to merit the payment or award of an allowance.

Marginal note:Allowance only to dependent child

• 12 (1) Except where an allowance is payable to a person other than by virtue of that person being a child, no allowance shall be paid to or in respect of a child unless the child is a dependent child.

• Marginal note:Discontinuance of child allowance

  (2) Payment of an allowance to or in respect of a dependent child shall be suspended where the child is being wholly maintained at the expense of a provincial or municipal institution or by any branch or agency of the Government of Canada, other than the Department.

• Marginal note:Commencement or discontinuance of allowance for dependent child

  (3) An allowance to or in respect of a dependent child who in any month becomes or ceases to be eligible for an allowance shall be paid as if the dependent child was eligible for the allowance for the whole month and not just a part thereof.

Marginal note:Rights under Pension Act

13 Subject to subsection 32(2) of the Pension Act, the right of any veteran to receive a pension under that Act is not affected by anything in this Act or by the receipt of any allowance.

Suspension of Allowance

Marginal note:Absence from Canada

• 14 (1) Where a recipient of an allowance under section 4 absents themself from Canada, payment of the allowance shall, subject to subsection (4) of that section, be suspended immediately following the payment for the month in which the recipient so absents themself, but may be resumed when the recipient returns to Canada.

• Marginal note:On imprisonment of recipient

  (2) Where, on or after July 17, 1980, a recipient of an allowance is convicted of an offence and sentenced to a term of imprisonment, the payment of the allowance shall be suspended from the first day of the seventh month of that imprisonment until the release from imprisonment except that the payment thereof may be continued where the Minister is of the opinion that,

  • (a) where a spouse, common-law partner or child of the recipient is entitled to be supported by the recipient at the time of the recipient’s conviction, the spouse, common-law partner or child continues to be entitled to that support; or

  • (b) the continuation of the payment of the allowance would assist the recipient in his or her rehabilitation.

• Marginal note:On imprisonment of applicant

  (3) Where an applicant for an allowance who is serving a term of imprisonment is eligible for an allowance, an allowance may be awarded to the applicant and may be paid during that imprisonment where the Minister is of the opinion that

  • (a) a spouse, common-law partner or child of the applicant is entitled to be supported by the applicant at the time of the applicant’s conviction and the spouse, common-law partner or child continues to be entitled to that support; or

  • (b) the payment of the allowance would assist the applicant in his or her rehabilitation.

Payment on Behalf of Recipient

Marginal note:Payments to other persons

• 15 (1) Where the Minister is of the opinion that a recipient would be likely to apply the amount of any allowance otherwise than to the best advantage, the Minister may direct the payments to be made to and administered by such person as the Minister selects.

• Marginal note:Holding of allowance for recipient in certain cases

  (2) Where it appears to the Minister that a recipient is,

  • (a) by reason of infirmity, illness or other cause, incapable of managing their own affairs, or

  • (b) not maintaining a spouse, common-law partner or dependent child,

  the Minister may direct that the allowance payable to the recipient be held and administered by the Minister or a person or agency selected by the Minister for the benefit of the recipient and the spouse, common-law partner or dependent child, as the case may be.

• Marginal note:Minimum payment to recipient

  (3) In circumstances where paragraph (2)(a) does not apply but paragraph (2)(b) applies, the Minister or person or agency may hold and administer only that portion, if any, of the allowance of a recipient in excess of the amount of allowance that would be payable to the recipient if the recipient were a person to whom the income factor specified in column II of the schedule opposite paragraph 1(a) or, if the recipient is blind, opposite paragraph 1(d), applied.

Marginal note:Indebtedness to Director of Veterans’ Land Act

16 For the purpose of ensuring continued occupancy by a recipient of a home acquired by the recipient under the Veterans’ Land Act, chapter V-4 of the Revised Statutes of Canada, 1970, the Minister may, with the consent in writing of the recipient, enter into an arrangement with The Director, The Veterans’ Land Act to pay to that Director out of the recipient’s allowance an amount not exceeding the amount of principal and interest, calculated on a monthly basis, as provided in the recipient’s agreement of sale with The Director, The Veterans’ Land Act to be applied against the indebtedness of the recipient under the Veterans’ Land Act.

Protection of Allowance

Marginal note:No assignment, seizure, etc.

• 17 (1) Except as provided in this Act, no allowance is subject to

  • (a) assignment, alienation or transfer by the recipient; or

  • (b) seizure or execution, either at law or in equity.

• Marginal note:Exception

  (2) Notwithstanding subsection (1), where any provincial or municipal authority in a province pays a person any advance, assistance or welfare payment for a period that would not be paid if an allowance had been paid for that period, and subsequently an allowance becomes payable or payment of an allowance may be made under this Act to that person for that period, the Minister may, in accordance with such terms and conditions as are prescribed by regulations made under section 25, deduct from that allowance and pay to the government of the province or to the municipal authority an amount not exceeding the amount of the advance, assistance or welfare payment paid, if that person had before receiving the advance, assistance or welfare payment from the government of the province or the municipal authority consented in writing to the deduction and payment.

Recoveries and Underpayments

Definition of overpayment

• 18 (1) In this section, overpayment, in relation to any period, means

  • (a) an allowance payment that was paid to a person in respect of that period and to which the person had no entitlement; or

  • (b) if an allowance payment was paid to a person in respect of that period that was in excess of the amount of the allowance payment to which the person was entitled, the amount of that excess.

• Marginal note:Recovery of overpayments

  (1.01) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and

  • (a) may be recovered by deduction from any future payments made pursuant to this Act to that person or to that person’s estate or succession;

  • (b) may be recovered in accordance with section 155 of the Financial Administration Act; and

  • (c) may be recovered in any court of competent jurisdiction.

• Marginal note:Excessive payments and underpayments

  (1.1) Where an allowance has been paid in respect of any payment period and it is subsequently determined that the income of the recipient and, if applicable, the recipient’s spouse or common-law partner, for the base calendar year calculated as required by this Act, in this subsection referred to as the “actual income”, is not the same as the income of the recipient, in this subsection referred to as the “shown income”, calculated as required by this Act on the basis of a statement required or permitted by section 8.1 to be made or filed by the recipient, the following adjustment shall be made:

  • (a) if the actual income exceeds the shown income, any amount by which the allowance paid to the recipient for months in that payment period exceeds the allowance that would have been paid to the recipient for those months if the shown income had been equal to the actual income shall be considered an overpayment; or

  • (b) if the shown income exceeds the actual income, there shall be paid to the recipient any amount by which the allowance that would have been paid to the recipient for months in that payment period if the actual income had been equal to the shown income, exceeds the allowance paid to the recipient for those months.

• (1.2) [Repealed, 2000, c. 34, s. 75]

• Marginal note:Remission of overpayments

  (2) If a person has received or obtained an overpayment and the Minister is satisfied that

  • (a) the overpayment cannot be recovered within the reasonably foreseeable future,

  • (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered,

  • (c) repayment of the overpayment would cause undue hardship to the person, or

  • (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant,

  the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.

• Marginal note:Recovery from survivor or orphan

  (3) Where a survivor or orphan of a deceased veteran retains any amount of the veteran’s allowance paid after the last day of the month in which the veteran died, that amount may be deducted from any allowance granted to the survivor or orphan.

Quarterly Adjustment of Allowances

Marginal note:Quarterly adjustment of income factor

• 19 (1) The income factors specified in column II of the schedule shall be adjusted quarterly, in such manner as may be prescribed by regulation of the Governor in Council, so that the income factor applicable for a month in any payment quarter is an amount equal to the product obtained by multiplying

  • (a) the income factor that would have been applicable for that month if no adjustment had been made under this section with respect to that payment quarter,

  by

  • (b) the ratio that the Consumer Price Index for the first adjustment quarter that relates to that payment quarter bears to the Consumer Price Index for the second adjustment quarter that relates to that payment quarter.

• Marginal note:References

  (2) Wherever in this Act reference is made to an income factor specified in column II of the schedule, the reference shall be construed as a reference to that income factor adjusted where applicable in the manner provided in this section and sections 20 and 21.

• 20 (1) [Repealed, 2000, c. 34, s. 77]

• Marginal note:No adjustment where Consumer Price Index lower

  (2) Where, in relation to any payment quarter, the Consumer Price Index for the first adjustment quarter is lower than the Consumer Price Index for the second adjustment quarter,

  • (a) no adjustment shall be made pursuant to subsection 19(1) in respect of that payment quarter; and

  • (b) no adjustment shall be made pursuant to that subsection in respect of any subsequent payment quarter until, in relation to a subsequent payment quarter, the Consumer Price Index for the first adjustment quarter that relates to that subsequent payment quarter is higher than the Consumer Price Index for the second adjustment quarter that relates to the payment quarter referred to in paragraph (a), in which case the second adjustment quarter that relates to the payment quarter referred to in paragraph (a) shall be deemed to be the second adjustment quarter that relates to that subsequent payment quarter.

Marginal note:Where basis of Consumer Price Index changed

21 Where at any time the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, is adjusted to reflect a new time basis or a new content basis with a resulting percentage adjustment being made in the figures for that Index, a corresponding percentage adjustment shall be made in the Consumer Price Index with respect to any adjustment quarter or other period that is used for the purpose of adjusting the income factors specified in column II of the schedule.

Marginal note:Increases

• 22 (1) The income factors specified in column II of the schedule, except the income factor specified for orphans and children, shall be increased simultaneously with and by the same amount as any increase in the amount of each of the Old Age Security pension and the Guaranteed Income Supplement provided from time to time by amendments to the Old Age Security Act, other than regular quarterly adjustments made under that Act in relation to the Consumer Price Index.

• (2) and (3) [Repealed, 2000, c. 34, s. 78]

23 [Repealed, 2000, c. 34, s. 79]

Evidence

Marginal note:Certificates as evidence

24 In any trial, prosecution or other proceeding,

• (a) a certificate purporting to be signed by the Minister and setting out the amount of allowance obtained and the portion thereof that remains unrepaid or unrecovered as of any day is evidence of the amount of the allowance obtained and the portion thereof that remains unrepaid or unrecovered as of that day, and

• (b) a document purporting to be an adjudication of the Minister or of the Board is evidence of the facts stated therein,

without proof of the signature or official character of any person appearing to have signed the certificate or document and without further proof thereof.

Regulations

Marginal note:Regulations

25 The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without restricting the generality of the foregoing, may make regulations

• (a) prescribing the manner of making applications for allowances and the information and evidence to be furnished in connection with such applications;

• (a.1) prescribing an enactment for the purposes of subparagraph 4(3)(c)(ii);

• (b) prescribing the times and manner of payment of allowances and providing for adjustment of those payments in relation to the income of the recipient;

• (c) prescribing circumstances in which an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together for the purposes of subsection 4(8);

• (d) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada;

• (e) [Repealed, 2000, c. 34, s. 80]

• (e.1) prescribing the amount, or prescribing the method of determining the amount, for the purposes of subsection 8.1(3) or (4);

• (f) and (g) [Repealed, R.S., 1985, c. 7 (1st Supp.), s. 7]

• (h) requiring recipients to report any change in their domestic circumstances;

• (i) [Repealed, 2000, c. 34, s. 80]

• (j) [Repealed, R.S., 1985, c. 7 (1st Supp.), s. 7]

• (k) prescribing the procedure to be followed in reviews of adjudications by an officer or employee of the Department designated by the Minister for that purpose and to give effect to adjudications;

• (l) [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 32]

• (m) [Repealed, 2000, c. 34, s. 80]

• (n) prescribing for the purposes of section 7 the maximum amount of

  • (i) casual earnings of a person without a spouse or common-law partner, a person with a spouse or common-law partner and a person with a spouse or common-law partner who is a veteran, and

  • (ii) interest income of a person without a spouse or common-law partner and a person with a spouse or common-law partner;

• (o) prescribing the terms and conditions for the deduction from an allowance of the amounts to be paid to the government of a province or to a municipal authority pursuant to subsection 17(2);

• (p) prescribing the monthly benefit deemed to be payable for the purposes of subparagraph 4(3)(c)(i); and

• (q) prescribing for the purposes of the schedule the meaning of blind.

Powers of Minister

Marginal note:Errors in administration may be rectified

26 Where, in the opinion of the Minister, an applicant for an allowance or a recipient has suffered a financial disadvantage as a result of an error on the part of any person in the exercise or performance of any powers, duties or functions of the person under this Act, the Minister may take such steps to remedy the disadvantage so suffered as the Minister deems reasonably necessary in the circumstances.

Marginal note:Review of adjudication

• 27 (1) Every adjudication by the Minister is subject to review by the Minister who may, for the purpose of any review, require the recipient to submit a statement of such facts as the Minister may consider relevant to determine the right of the recipient to have any allowance continued.

• Marginal note:Statement to be verified

  (2) Any statement submitted pursuant to subsection (1) shall be verified in such manner as the Minister may direct and in the event the recipient fails to furnish a statement as required, the Minister may reduce, suspend or cancel payment of the allowance.

28 [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 33]

Marginal note:Investigation

• 29 (1) The Minister has all the powers of a commissioner under Part I of the Inquiries Act for the purpose of any investigation required to be made in order to determine whether any allowance should be made, suspended or revoked, what should be the amount of any allowance, or whether payment of any allowance should be made to the recipient or to some other person for administration on behalf of the recipient.

• Marginal note:Taking oaths, etc.

  (2) Any officer or employee of the Department authorized by the Minister may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of the administration of this Act or the regulations, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for taking affidavits.

• Marginal note:Acceptance of oaths, etc.

  (3) The Minister may accept, for the purpose of the administration of this Act or the regulations, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any officer or employee of

  • (a) a department or other portion of the public service of Canada specified in Schedule I to the Public Service Staff Relations Act, or

  • (b) a department of the government of a province

  who has all the powers of a commissioner for taking affidavits.

Exchange of Information

Marginal note:Census information

• 30 (1) The Minister has the right, for the purpose of ascertaining the age of any applicant, to obtain any information from Statistics Canada on the subject of the age of the applicant that may be contained in the returns of any census taken more than twenty years before the date of the application for the information.

• Marginal note:Information that shall be made available to Minister

  (1.1) The following personal information relating to a veteran shall, if requested by the Minister, be made available to the Minister for the purpose of determining or verifying the veteran’s service in order to determine eligibility for an allowance under this Act or for a benefit under any enactment incorporating this Act by reference:

  • (a) personal information collected or obtained by the Department of National Defence in the administration of the National Defence Act or the Queen’s Regulations and Orders for the Canadian Forces, or any predecessor enactment relating to the same subject-matter;

  • (b) personal information collected or obtained by the Department of Transport in the administration of the Canada Shipping Act, or any predecessor enactment relating to the same subject-matter; and

  • (c) personal information collected or obtained by the National Archives of Canada in the administration of the National Archives of Canada Act, or any predecessor enactment relating to the same subject-matter.

• Marginal note:Information that Minister may disclose

  (2) Personal information that has been collected or obtained by the Minister in the administration of this Act, or any enactment incorporating this Act by reference, may be disclosed by the Minister

  • (a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain from that person or body information that the Minister requires for the administration of this Act or any other enactment administered by the Minister;

  • (b) to any officer or employee of the Department, to the extent that the disclosure is required for the administration of this Act or any other enactment administered by the Minister;

  • (c) to the Department of Human Resources Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan; and

  • (d) to the Correctional Service of Canada, to the extent that the disclosure is required for the administration of the Corrections and Conditional Release Act.

• Marginal note:Idem

  (3) Where Social Insurance Numbers have been assigned under the authority of any other Act, the Minister or other authority charged with the administration of that Act and the Minister of Veterans Affairs may exchange any information contained in applications for those numbers and any numbers so assigned and may make or cause to be made available any such information or numbers in such manner as may be authorized by that Act.

Marginal note:Additional duties of Minister

31 The Governor in Council may impose on the Minister duties similar to those performed by the Minister under this Act in respect of any allowances authorized to be paid under any other Act, and such effect shall be given to any such adjudication by the Minister as the Governor in Council may direct.

Appeals

Marginal note:Review by departmental official

• 32 (1) Where an applicant for an allowance or a recipient is dissatisfied with any adjudication affecting him or her, other than an adjudication under section 18 or on an appeal under subsection (2) of this section, he or she may, in accordance with the regulations, apply to an officer or employee of the Department designated by the Minister for the purpose for a review of the adjudication.

• Marginal note:Appeal to Veterans Appeal Board

  (2) Where, following a review under subsection (1), the applicant or recipient remains dissatisfied with the adjudication, he or she may appeal the adjudication to the Board, within sixty days after the adjudication is rendered or such longer period as the Board may, for special reasons, allow.

• (3) to (5) [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 36]

33 [Repealed, 1995, c. 18, s. 104]

Administration of Act

Marginal note:Administration of Act

• 34 (1) Subject to this Act, the Minister shall be charged with the administration of this Act and the determination of whether any allowance is payable and the amount thereof.

• Marginal note:Income information

  (1.1) Subject to section 7, the Minister may, in determining whether an allowance is payable and the amount of the allowance, consider any statement or estimate of income respecting the recipient or their spouse or common-law partner that is being used for the purpose of the Old Age Security Act or the Income Tax Act.

• Marginal note:Authorization of others to carry out functions, etc.

  (2) The Minister may authorize any person to exercise and perform any of the powers, duties or functions of the Minister under this Act.

Marginal note:Forms

34.1 Every application, statement, notification, consent or report required or permitted by this Act, or by any enactment incorporating this Act by reference, must be made or given in the form required by the Minister.

Marginal note:Combining information

34.2 The Minister may combine in any single document, and in any electronic form, the collection of personal information required for the purposes of this Act and other enactments administered by the Minister.

General

Marginal note:Benefit of the doubt

35 In all adjudications or proceedings under this Act, the Minister shall

• (a) draw from all the circumstances of the case and all the evidence presented to the Minister every reasonable inference in favour of the applicant or recipient;

• (b) accept any uncontradicted evidence presented to the Minister by the applicant or recipient that the Minister considers to be credible in the circumstances; and

• (c) resolve in favour of the applicant or recipient any doubt, in the weighing of evidence, as to whether the applicant or recipient has established a case.

Marginal note:Immunity

36 No action or other proceeding lies or shall be instituted against any person for or in respect of anything done, reported or said in good faith in any adjudication or proceedings before the Minister or anything reported or said in good faith in any material, information or report made or furnished by any person at the request of the Minister.

Marginal note:Disclosure in legal proceedings

36.1 Notwithstanding any other Act or law, no member of the public service of Canada shall be required to disclose personal information that has been collected or obtained for the purpose of this Act, or any enactment incorporating this Act by reference, in any legal proceedings except

• (a) criminal proceedings; or

• (b) proceedings on a review, appeal, reconsideration or judicial review relating to an application made under this Act or any enactment incorporating this Act by reference.

Veterans Described

Marginal note:Veterans described

• 37 (1) The veterans referred to in the definition veteran in section 2 are those described in this section.

• Marginal note:Veteran of South African War

  (2) A veteran of the South African War is

  • (a) any former member of a Canadian contingent who served in a theatre of actual war during the South African War or who had landed in or had embarked for South Africa prior to June 1, 1902; or

  • (b) any former member of His Majesty’s forces who served in a theatre of actual war during the South African War or who had landed in or had embarked for South Africa prior to June 1, 1902 and who was domiciled in Canada immediately prior to October 11, 1899 or has resided in Canada for a total period of at least ten years.

• Marginal note:Canadian veterans of World War I or II

  (3) A Canadian veteran of World War I or World War II is any former member of His Majesty’s Canadian forces

  • (a) who

    • (i) having enlisted and having the enlistment attested, served in a theatre of actual war during World War I or World War II and was discharged from the service in which he or she was enlisted,

    • (ii) is in receipt of a pension for disability under the Pension Act in respect of service during World War I or World War II as those wars are defined in that Act,

    • (iii) has accepted a commuted pension in respect of service described in subparagraph (ii), or

    • (iv) is, after death, declared to have been eligible for, or awarded, a pension described in subparagraph (ii); or

  • (b) who served in the United Kingdom during World War I.

• Marginal note:Allied veteran

  (4) An allied veteran is any former member of

  • (a) any of His Majesty’s forces,

  • (b) any of the forces, other than resistance groups, of any of His Majesty’s allies, or

  • (c) any of the forces, other than resistance groups, of any power associated with His Majesty in World War I

  who was domiciled in Canada at the time when he or she joined that force or at any time while a member of that force, and

  • (d) served in a theatre of actual war during World War I or World War II,

  • (e) is in receipt of a pension for disability under the Pension Act in respect of service during World War I or World War II as those wars are defined in that Act,

  • (f) has accepted a commuted pension in respect of service described in paragraph (e),

  • (g) is, after death, declared to have been eligible for, or awarded, a pension described in paragraph (e), or

  • (h) served in the United Kingdom during World War I.

• Marginal note:Canadian dual service veteran

  (5) A Canadian dual service veteran is a person who

  • (a) served during World War I and World War II as a member of His Majesty’s Canadian forces;

  • (b) was enlisted or obligated to serve in those forces without territorial limitation; and

  • (c) has been honourably discharged or has been permitted honourably to resign or retire from those forces.

• Marginal note:Allied dual service veteran

  (6) An allied dual service veteran is

  • (a) a person who

    • (i) served during World War I as a member of His Majesty’s forces,

    • (ii) was domiciled in Canada when he or she became a member of those forces,

    • (iii) was a member of His Majesty’s Canadian forces during World War II, enlisted or obligated to serve without territorial limitation, and

    • (iv) has been honourably discharged or has been permitted honourably to resign or retire from those forces.

  • (b) [Repealed, 1995, c. 17, s. 71]

• Marginal note:Canadian Forces veteran

  (7) A Canadian Forces veteran is a person who,

  • (a) as a member of the forces referred to in section 14 of the National Defence Act, left Canada or the United States, including Alaska, at any time prior to July 27, 1953 to participate in military operations undertaken by the United Nations to restore peace in the Republic of Korea; or

  • (b) is in receipt of a pension under the Pension Act, or is declared to have been eligible for, or awarded, a pension under the Pension Act after the member’s death, having become eligible for that pension by virtue of

    • (i) service as a member of the special force, as that force is defined in subsection 3(1) of that Act, or

    • (ii) service in the Korean War, as that service is defined in subsection 3(1) of that Act.

• Marginal note:Definitions

  (7.1) The definitions in this subsection apply in this section.

  allied ship

  navire allié

  allied ship means a ship other than a Canadian ship or a ship serving the enemy, and includes a ship that belonged to a government of an enemy-occupied country, or to a person resident in an enemy-occupied country, and that was placed under Canadian or allied control. (navire allié)

  Canadian manning pool

  dépôt d’équipages canadien

  Canadian manning pool means a manning pool of the Canadian merchant navy established under Order in Council P.C. 14/3550 of May 19, 1941. (dépôt d’équipages canadien)

  Canadian ship

  navire canadien

  Canadian ship means

  • (a) a ship registered or licensed in Canada or Newfoundland, except

    • (i) a ship chartered by bareboat charter to a charterer resident outside Canada or Newfoundland, or

    • (ii) a ship taken over and operated by any allied country; and

  • (b) a ship, wherever registered or licensed, having a crew engaged under the laws of Canada or Newfoundland and

    • (i) chartered by bareboat charter to a charterer resident in Canada or Newfoundland, or

    • (ii) taken over and operated by, under the control of, or on behalf of the Canadian Shipping Board or a Canadian naval authority. (navire canadien)

  distressed mariner

  en détresse

  distressed mariner means a person who was in distress in a place outside Canada or Newfoundland, having been shipwrecked, discharged or left behind from a ship on which the person was engaged, and who received or was entitled to receive relief under

  • (a) the Distressed Seamen Regulations, made by Order in Council P.C. 609 of March 23, 1937, as those regulations read at the relevant time; or

  • (b) Order in Council P.C. 8592 of November 9, 1943. (en détresse)

  foreign voyage

  voyage de long cours

  foreign voyage means a voyage from or to any place outside the area of a home-trade voyage. (voyage de long cours)

  home-trade voyage

  voyage de cabotage

  home-trade voyage means a voyage between places in Canada, Newfoundland, the United States or Saint Pierre and Miquelon, in the course of which the ship did not go south of 36° North latitude or through the Bering Strait. (voyage de cabotage)

  territorial waters of Canada

  eaux territoriales du Canada

  territorial waters of Canada means all waters within three nautical miles of any of the coasts, bays, creeks or harbours of Canada and Newfoundland, not included within the limits specified and described in the first article of the convention between His Majesty King George III and the United States, signed at London on October 20, 1818, and includes all waters that, pursuant to Order in Council P.C. 3139 of December 18, 1937, were delimited as Canadian territorial waters, but does not include

  • (a) the waters of the St. Lawrence River seaward from a line drawn due south across that river from the mouth of the Saguenay River; or

  • (b) the waters of the Strait of Juan de Fuca westward beyond 124° 30′ West longitude. (eaux territoriales du Canada)

  war risk bonus

  indemnité pour risques de guerre

  war risk bonus means the pay supplement that was paid to ships’ crews serving in dangerous waters

  • (a) by shipowners or shipping companies under the authority of decisions, findings or directions of the National War Labour Board pursuant to

    • (i) the Wartime Wages and Cost of Living Bonus Order, Order in Council P.C. 8253 of October 24, 1941,

    • (ii) the Wartime Wages Control Order, Order in Council P.C. 5963 of July 10, 1942, or

    • (iii) the Wartime Wages Control Order, 1943, Order in Council P.C. 9384 of December 9, 1943,

    as those respective orders read at the relevant time; or

  • (b) by the Government of Canada pursuant to Order in Council P.C. 122/7359 of August 19, 1942, as it read at the relevant time. (indemnité pour risques de guerre)

• Marginal note:Applicable rules

  (7.2) The following rules apply for the purposes of this section:

  • (a) the status of a vessel and of the members of its crew, and the class of voyage in which a vessel was engaged, shall be determined according to the Canada Shipping Act, 1934 and the regulations made thereunder, as that Act and those regulations read at the relevant time;

  • (b) the official records verifying the authenticity of any ship, other than a ship registered in Canada or Newfoundland, shall be those used under international practice or under the laws of the country of registration;

  • (c) a ship does not qualify as a Canadian ship or an allied ship if, at the relevant time,

    • (i) it was neither registered nor licensed,

    • (ii) it was a pleasure yacht not engaged in trade, or

    • (iii) it was engaged in the fishing industry;

  • (d) where official records of a person’s service as a merchant navy veteran of World War I or World War II or as a Canadian merchant navy veteran of the Korean War are not available, the Minister may accept a statutory declaration or like statement from anyone if

    • (i) information about the existence of any registered or licensed ship on which it is claimed that the person served is corroborated by official records,

    • (ii) no information in the declaration or statement is contradicted by other evidence, and

    • (iii) after taking into consideration such corroboration as may be available, the Minister is satisfied, on the balance of probabilities, that the information in the declaration or statement is true,

    but this paragraph does not apply in relation to subparagraph (7.3)(a)(i) with respect to the availability of war risk bonus;

  • (e) a person’s domicile shall be understood as meaning the person’s domicile at the commencement of the service, activity or status referred to in paragraph (7.3)(d); and

  • (f) the Minister may presume death in every case where, according to the evidence available as to the circumstances surrounding the disappearance of the person whose death is in question or the loss of the ship on which the person was serving, the Minister is satisfied beyond a reasonable doubt that the death has in fact occurred.

• Marginal note:Merchant navy veteran of World War I or World War II

  (7.3) A merchant navy veteran of World War I or World War II is

  • (a) any person who, during World War I or World War II, served on board a Canadian ship while it was making

    • (i) a voyage for which war risk bonus was available, as verified by articles of agreement or other official documentation,

    • (ii) a foreign voyage,

    • (iii) a home-trade voyage any part of which went outside the territorial waters of Canada and the territorial waters of all other countries and was

      • (A) between a place in Canada and a place in the United States, in either direction,

      • (B) between a place in one province and a place in another province,

      • (C) between a place in Newfoundland or Saint Pierre and Miquelon and a place outside Newfoundland and Saint Pierre and Miquelon, in either direction, or

      • (D) a search and rescue, salvage, cable-laying or cable-repairing operation, or

    • (iv) a voyage during the course of which

      • (A) the ship served on, or another Canadian or allied ship in the vicinity of the ship served on, was attacked by the enemy, or

      • (B) the ship served on was attacked or damaged

        • (I) by friendly forces engaging in action or counteraction against the enemy, or

        • (II) as a result of marine hazards due to the war;

  • (b) any person who, during World War I or World War II, made a trip by sea, land or air through or over a theatre of actual war for the purpose of

    • (i) proceeding to a Canadian ship in order to serve on a voyage referred to in subparagraph (a)(i), (ii) or (iii), or

    • (ii) returning to Canada, or to the country of which the person was a citizen or national, from having made a voyage referred to in subparagraph (a)(i), (ii), (iii) or (iv) or from service referred to in paragraph (c);

  • (c) any person who, as a member of a Canadian manning pool during World War I or World War II, served in a theatre of actual war;

  • (d) any person domiciled in Canada who, during World War I or World War II,

    • (i) served on board an allied ship while it was making a voyage referred to in subparagraph (a)(i), (ii), (iii) or (iv),

    • (ii) made a trip by sea, land or air through or over a theatre of actual war for the purpose of

      • (A) proceeding to an allied ship in order to serve on a voyage referred to in subparagraph (a)(i), (ii) or (iii), or

      • (B) returning to Canada from having made a voyage referred to in subparagraph (a)(i), (ii), (iii) or (iv) or from service referred to in subparagraph (iii),

    • (iii) as a member of an allied manning pool, served in a theatre of actual war, or

    • (iv) was a distressed mariner; or

  • (e) any person who

    • (i) is in receipt of a pension,

    • (ii) has accepted a commuted pension, or

    • (iii) is declared to have been eligible for, or is awarded, a pension subsequent to the person’s death

    for an injury or disease incurred or aggravated during service as a Canadian merchant mariner of World War I or Canadian merchant mariner of World War II within the meaning of section 21.1 of the Pension Act.

• Marginal note:Canadian merchant navy veteran of the Korean War

  (7.4) A Canadian merchant navy veteran of the Korean War is

  • (a) any person who, at any time during the period from June 25, 1950 to July 27, 1953, served on board a Canadian ship in any of the waters, including gulfs, bays and inlets, lying between

    • (i) the coasts of Siberia, Korea and China

    and

    • (ii) a line beginning at a point on the coast of Siberia at longitude 135° East; thence south to a point at latitude 38° 30′ North and longitude 135° East; thence southwesterly to a point at latitude 30° North and longitude 124° East; thence south to Shokoto Sho; thence westerly to Shichisei Seki; and thence westerly to a point on the coast of China at latitude 23° North; or

  • (b) any person who

    • (i) is in receipt of a pension,

    • (ii) has accepted a commuted pension, or

    • (iii) is declared to have been eligible for, or is awarded, a pension subsequent to the person’s death

    for an injury or disease incurred or aggravated during service as a Canadian merchant mariner of the Korean War within the meaning of section 21.1 of the Pension Act.

• Marginal note:Definition of theatre of actual war

  (8) For the purposes of this section, theatre of actual war means

  • (a) in the case of the South African War, the zone of the military operations in South Africa in which the forces of the United Kingdom of Great Britain and Ireland were engaged prior to June 1, 1902;

  • (b) in the case of World War I,

    • (i) as applied to the army or air forces, the zone of the allied armies of the continents of Europe, Asia or Africa, or wherever the veteran has sustained injury or contracted disease directly by a hostile act of the enemy, and

    • (ii) as applied to the naval forces or the merchant navy, the high seas or wherever contact has been made with hostile forces of the enemy, or wherever the veteran has sustained injury or contracted disease directly by a hostile act of the enemy; and

  • (c) in the case of World War II,

    • (i) with respect to a former member of His Majesty’s Canadian forces or a merchant navy veteran of World War II, any place where the person has been on service involving duties performed outside the Western Hemisphere, including

      • (A) service involving duties performed outside Canada, Newfoundland, the United States, Saint Pierre and Miquelon and the territorial waters thereof in aircraft, and

      • (B) service anywhere in a ship or other vessel, which service is classed as “sea time” for the purpose of advancement of naval ratings, or which would be so classed were the ship or other vessel in the service of the naval forces of Canada, and

    • (ii) with respect to a former member of His Majesty’s forces other than His Majesty’s Canadian forces, or of any of the forces of His Majesty’s Allies or powers associated with His Majesty in World War II, such places, zones or areas as the Board may prescribe.

• Marginal note:Meaning of sea time

  (8.1) For the purposes of clause (8)(c)(i)(B), sea time for the purpose of advancement of naval ratings includes time served in

  • (a) a sea-going ship,

  • (b) a defensively-equipped merchant ship, or

  • (c) any ship employed in harbour, other than a boom defence scow, gate vessel, depot ship or harbour craft,

  as well as time served in combined operations organizations, but does not include time served on any ship prior to its commissioning.

• Marginal note:Definition of commuted pension

  (9) For the purposes of this section, commuted pension means a final payment under the Pension Act in lieu of annual pension in respect of a disability rated at five per cent or more of total disability, or a similar or analogous final payment under the laws relating to the forces with which the veteran served.

• Marginal note:Commencement and duration of wars

  (10) For the purpose of this section, except subparagraphs (3)(a)(ii) to (iv) and paragraphs (4)(e) to (g),

  • (a) the South African War shall be deemed to have commenced on October 11, 1899 and to have concluded on May 31, 1902;

  • (b) World War I shall be deemed to have commenced on August 4, 1914 and to have concluded on August 31, 1921; and

  • (c) World War II shall be deemed to have commenced on September 1, 1939 and to have terminated

    • (i) in respect of service in connection with operations in the European and Mediterranean theatres of war, on May 8, 1945, and

    • (ii) in respect of service in connection with operations in the Pacific theatre of war, on August 15, 1945.

• Marginal note:Application to Newfoundland

  (11) For the purposes of this Act, Canadian forces includes any forces raised in Newfoundland, and domicile in Canada and residence in Canada include respectively domicile and residence in Newfoundland, whether before or after the union of Newfoundland with Canada.

• (12) [Repealed, R.S., 1985, c. 12 (2nd Supp.), s. 14]