Veterans Burial Regulations

1 The following definitions apply in these Regulations.

common-law partner

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

Corporation

Corporation means the corporation incorporated under the name Last Post Fund, on June 22, 1921, under the Companies Act. (société)

Department

Department means the Department of Veterans Affairs. (ministère)

dependent child

dependent child means a dependent child as defined in subsection 2(1) of the War Veterans Allowance Act. (enfant à charge)

entitled to a disability award

entitled to a disability award means, in respect of a person, that the person

• (a) has received a disability award as defined in subsection 2(1) of the Veterans Well-being Act;

• (b) has not received a disability award as defined in subsection 2(1) of that Act because one of the conditions set out in section 53 of that Act, as it read immediately before April 1, 2019, had not been met as of that day, unless a decision regarding the application for pain and suffering compensation referred to in subsection 174(1) of that Act has been made; or

• (c) but for subsection 54(1) of that Act as it read immediately before April 1, 2019, would have received a disability award as defined in subsection 2(1) of that Act. (droit à une indemnité d’invalidité)

entitled to a pension

entitled to a pension, in respect of a deceased person, means that, at the time of death, the person was receiving a pension under the Pension Act or had received a final payment of a pension, or that the Minister had determined that the person was entitled to a pension. (droit à une pension)

entitled to pain and suffering compensation

entitled to pain and suffering compensation means, in respect of a person, that the person

• (a) has received pain and suffering compensation under subsection 45(1) or 47(1) of the Veterans Well-being Act;

• (b) is referred to in subsection 45(1) of that Act but whose extent of disability has not yet been assessed; or

• (c) but for subsection 56.4(1) of that Act, would have received pain and suffering compensation under subsection 45(1) or 47(1) of that Act. (droit à une indemnité pour douleur et souffrance)

income-qualified civilian

income-qualified civilian means a civilian as defined in subsection 56(1) of the Civilian War-related Benefits Act who

• (a) was at the time of death in receipt of an allowance under subsection 57(1) of that Act; or

• (b) would have been eligible at the time of death for an allowance under that subsection were it not for payments made to the civilian or the civilian’s spouse or common-law partner, or for which the civilian or the civilian’s spouse or common-law partner was eligible under the Old Age Security Act or similar legislation of another country. (civil au revenu admissible)

Minister

Minister means the Minister of Veterans Affairs. (ministre)

net assets of the succession

net assets of the succession means the net value of the portion of succession to a deceased person’s estate that, in accordance with the laws of the country or the province in which the person was domiciled at the time of death, can be transferred to the heirs by way of bequest or inheritance after the payment of all debts owed by the person or the estate, including the costs of the following: the deceased person’s last sickness, funeral, burial, cremation and gravemarker. (actif net successoral)

net assets of the survivor

net assets of the survivor means the net worth of the survivor. (actif net du survivant)

overseas service civilian

overseas service civilian means a person referred to in paragraphs (e) to (i) of the definition civilian in subsection 56(1) of the Civilian War-related Benefits Act. (civil ayant servi outre-mer)

pensioned condition

pensioned condition means a disability in respect of which a person is entitled to a pension. (état indemnisé)

pensioner

pensioner means a person who at the time of death was entitled to a pension in respect of a disability payable under, or because of,

• (a) the Pension Act, including a supplementary pension under section 64, 65 or 66 of that Act, but not including a pension that is awarded under subsection 22(2) of that Act or continued under subsection 83(4) of that Act;

• (b) any of Parts I to III and VI to X of the Civilian War-related Benefits Act;

• (c) paragraph 3(c) of the Special Operators War Service Benefits Act, R.S.C. 1952, c. 256;

• (d) paragraphs 3(d) and (e) of the Women’s Royal Naval Services and the South African Military Nursing Service (Benefits) Act, R.S.C. 1952, c. 297;

• (e) Veterans Affairs Vote 815 of Schedule C to The Appropriation Act, No. 4, 1950, S.C. 1950, c. 55 or any other provision enacted by Parliament for the continuation of certain Newfoundland pensions that were not payable under the terms of the union of Canada and Newfoundland; or

• (f) the Civilian Government Employees (War) Compensation Order. (pensionné)

survivor

survivor means a survivor as defined in subsection 2(1) of the War Veterans Allowance Act. (survivant)

veteran

veteran means one of the following persons:

• (a) a former member of the Canadian Forces or any predecessor naval, army or air forces of Canada or Newfoundland;

• (b) a Canadian merchant mariner of World War I or World War II within the meaning of subsection 21.1(3) or (4), respectively, of the Pension Act;

• (c) [Repealed, SOR/2014-74, s. 1]

• (d) a Canadian merchant mariner of the Korean War within the meaning of subsection 21.1(5) of the Pension Act;

• (e) a special operator who is deemed to be a veteran under paragraph 3(a) of the Special Operators War Service Benefits Act, R.S.C. 1952, c. 256;

• (f) a supervisor who is deemed to be a veteran under paragraph 3(a) of the Supervisors War Service Benefits Act, R.S.C. 1952, c. 258;

• (g) a person who is deemed to be a veteran under section 3 of the Women’s Royal Naval Services and the South African Military Nursing Service (Benefits) Act, R.S.C. 1952, c. 297;

• (h) a person on whom the benefits of the Pension Act may be conferred under section 64, 65 or 66 of that Act;

• (i) a person who, as a member of His Majesty’s naval, army or air forces or of similar forces allied with His Majesty, served on active service during World War I or World War II and was resident in Canada at the time he or she became a member of those forces; or

• (j) an allied veteran within the meaning of subsection 37(4), (4.1) or (4.2) of the War Veterans Allowance Act. (ancien combattant)

World War I

World War I has the meaning assigned in subsection 3(1) of the Pension Act. (Première Guerre mondiale)

World War II

World War II has the meaning assigned in subsection 3(1) of the Pension Act. (Seconde Guerre mondiale)