Order Respecting Ex Gratia Payments to Veterans and Science and Technology Workers Involved in Nuclear Weapons Testing or Nuclear Decontamination (SI/2008-95)

Interpretation

1 The following definitions apply in this Order.

Minister

Minister means the Minister of National Defence. (ministre)

science and technology worker

science and technology worker means a civilian employee of the Government of Canada attached to elements of the naval, army or air forces of Canada for the purposes of scientific or technical support to those forces. (travailleur en science et technologie)

veteran

veteran means a former member of

• (a) the naval, army or air forces of Canada; or

• (b) the Canadian Forces. (ancien combattant)

Authorization

2 The Minister is hereby authorized, on application under section 4, to make an ex gratia payment of $24,000 to a veteran or science and technology worker who participated in allied forces nuclear weapons testing in the United States, Australia or the South Pacific during the period beginning on January 1, 1946 and ending on December 31, 1963 or who assisted in the decontamination of the nuclear reactor in Chalk River, Ontario during the period beginning on January 1, 1952 and ending on December 31, 1953 or during the period beginning on January 1, 1958 and ending on December 31, 1958, and who is alive on the day on which the payment is to be made.

3 In the case of a veteran or science and technology worker who has died, the Minister is authorized, on application under section 4, to make the payment set out in section 2

• (a) if the veteran or science and technology worker died testate and the distribution of the estate or the liquidation of the succession of the veteran or science and technology worker has not been completed, to the executor of the estate or liquidator of the succession;

• (b) if the veteran or science and technology worker died testate and the distribution of the estate or the liquidation of the succession of the veteran or science and technology worker has been completed, to the natural person who is entitled under the will to the residue of the estate or, if there are two or more such persons, to those persons on a pro rata basis of their share of the residue; or

• (c) if the veteran or science and technology worker died intestate, to the adult who was ordinarily living with the veteran or science and technology worker at the time of the veteran’s or science and technology worker’s death and was primarily responsible for providing care to the veteran or science and technology worker without remuneration or, if there are two or more such adults, to those adults on a pro rata basis.

Application

• 4 (1) An application for an ex gratia payment under section 2 or 3 shall be submitted to the Minister on or before December 31, 2009 by the veteran or science and technology worker, or by the person or persons referred to in section 3, shall be in the form approved by the Minister and shall be supported by any evidence that the Minister considers necessary.

• (2) If an application is submitted after December 31, 2009, the application may be accepted by the Minister if he or she is satisfied that the applicant was unable to submit the application before that date because of facts or circumstances beyond the control of the applicant.

Payment

• 5 (1) A payment under section 2 or 3 consists of a one-time lump sum payment.

• (2) No payment shall be made by the Minister under this Order after December 31, 2010, unless circumstances beyond the control of the applicant necessitate a longer period for payment.

No Crown Liability

6 A payment made under this Order does not constitute an admission of liability on the part of the Crown.