Short Title
This Act may be cited as the Civilian War-related Benefits Act.
Interpretation
In Parts I to X,
Commission[Repealed, 1995, c. 18, s. 79]
Minister means the Minister of Veterans Affairs or such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)
War means the war waged by His Majesty and His Majesty’s Allies against Germany and Germany’s Allies, which for the purposes of this Act shall be deemed to have commenced on September 1, 1939 and to have terminated on April 1, 1947. (guerre)
A reference in this Act to any rate or rates set out in Schedule I, II or III of the Pension Act shall be construed as a reference to that rate or those rates as increased by virtue of Part V of that Act.
A person who served in a theatre of actual war, within the meaning of paragraph 37(8)(b) or (c) of the War Veterans Allowance Act, with a group or organization mentioned in Part II.1, III, VII.1 or X or paragraph (e), (f), (h) or (i) of the definition civilian in subsection 56(1) in an auxiliary, reserve, junior, support or ground crew capacity, whether or not the person was enrolled as a member of that group or organization, shall, for the purposes of that Part or paragraph, be considered to have been a member of that group or organization if the person functioned closely with, or functioned alongside, that group or organization under conditions of service that were substantially similar to wartime conditions of service of a member of the forces.
All claims for pensions, allowances and compensation under Parts I to X shall be dealt with and adjudicated on in like manner as claims under the Pension Act and all the provisions of the Pension Act not inconsistent with Parts I to X, with such modifications as the circumstances require, apply to every claim under Parts I to X.
[Repealed]
Equality of Status
Male and female persons under this Act have equality of status and equal rights and obligations under this Act.
Canadian Salt Water Fishers
Interpretation
The definitions in this section apply in this Part.
Canadian salt water fisher means a British subject who served on a ship engaged in the salt water fishing industry of Canada or Newfoundland. (pêcheur canadien en eau salée)
enemy action or counteraction against the enemy includes marine hazards occasioned by the War and encountered by a ship engaged in the salt water fishing industry of Canada or Newfoundland, when it was employed on a voyage that in the opinion of the Minister was essential to the prosecution of the War on behalf of His Majesty or His Majesty’s allies. (opération de l’ennemi ou contre-opération)
For the purposes of this Part, 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 regulations made thereunder, as that Act and those regulations read at the relevant time.
Evidence
For the purposes of this Part, where official records of a person’s service, or of injuries or disease suffered or contracted by a person during service, are not available, the Minister may accept a statutory declaration or like statement from anyone if
information about the existence of any registered or licensed ship on which the person claims to have served is corroborated by official records;
no information in the declaration or statement is contradicted by other evidence; and
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.
Pensions and Allowances for Disability and Death
Subject to this Part, a pension, attendance allowance, clothing allowance and exceptional incapacity allowance in accordance with the rates set out in Schedules I, II and III to the Pension Act may be awarded to or in respect of any person, other than a pensioner within the meaning of that Act, who, during the War and as a direct result of enemy action or counteraction against the enemy, suffered or contracted injury or disease or aggravation thereof resulting in disability or death, while that person was a Canadian salt water fisher.
No pension shall be awarded under this Part in respect of any disability or death for which compensation is payable under the Merchant Seamen Compensation Act or the Government Employees Compensation Act or any workers’ compensation or similar laws unless evidence satisfactory to the Minister is provided that a claim for that compensation has not been made and unless the person entitled to that compensation submits to the Minister a waiver, in a form approved by the Minister, of all claims for that compensation in respect of disability or death.
The Minister may, for the purposes of this Part, 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.
[Repealed]
Notwithstanding anything in this Part, where a person entitled to a pension under this Part is not a Canadian citizen and is not a resident of Canada, the Minister may, in lieu of that pension, award such pension or such lump sum as the Minister deems commensurate with the pension that would be payable under this Part to the person if he were a Canadian citizen or a resident of Canada, having regard to comparative living costs and such other matters that may affect the value of the pension, but no pension or amount awarded under this section shall exceed the amount of pension that would be payable to the person under this Part if he were a Canadian citizen or a resident of Canada.
[Repealed]
[Repealed]
[Repealed, 1999, c. 10, s. 27]
Auxiliary Services Personnel
Interpretation
In this Part,
helper means a person who was employed and paid by Canadian Legion War Services Inc., The National Council of the Young Men’s Christian Association of Canada, Knights of Columbus Canadian Army Huts or Salvation Army Canadian War Services to assist supervisors and who proceeded from Canada for attachment to
the Canadian naval forces under the authority of the Chief of Naval Personnel,
active units and formations of the Canadian army forces under the authority of the Adjutant-General, or
active units and formations of the Canadian air forces under the authority of the Air Member for Personnel; (auxiliaire)
member of the Overseas Headquarters Staff means a person who is not a supervisor or helper and who was a member of the Headquarters Staff of, and was employed and paid by, Canadian Legion War Services Inc., The National Council of the Young Men’s Christian Association of Canada, Knights of Columbus Canadian Army Huts or Salvation Army Canadian War Services and who proceeded from Canada under the authority of the Chief of Naval Personnel, the Adjutant-General or Air Member for Personnel; (membre du personnel central d’outre-mer)
supervisor means an authorized field representative of Canadian Legion War Services Inc., The National Council of the Young Men’s Christian Association of Canada, Knights of Columbus Canadian Army Huts or Salvation Army Canadian War Services who directly provided services and recreational equipment to any of the Canadian naval, army or air forces and who was selected and approved by, and proceeded from Canada under the authority of, the Chief of Naval Personnel, the Adjutant-General or Air Member for Personnel. (surveillant)
Supervisors and Helpers
The Pension Act applies to and in respect of supervisors and helpers as though their service as such during the War had been service as a member of the forces within the meaning of that Act.
[Repealed]
Overseas Headquarters Staff
Pensions and allowances shall be awarded in accordance with the rates set out in Schedules I, II and III of the Pension Act to or in respect of members of the Overseas Headquarters staff who, during their service as such and as a direct result of enemy action or counteraction against the enemy during the War, suffered injury or disease or aggravation thereof resulting in disability or death.
Newfoundland Overseas Forestry Unit
The Pension Act applies to and in respect of members of the Newfoundland Overseas Forestry Unit as though their service as such during the War had been service as a member of the forces within the meaning of that Act.
Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom
The Pension Act applies to and in respect of members of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom as though their service as such during the War had been service as a member of the forces within the meaning of that Act.
Royal Canadian Mounted Police
All claims for compensation under section 5 of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, shall be referred to the Minister for consideration and adjudication, and the Minister shall assess the degree of disability in respect of which compensation may be awarded under that section.
Compensation shall be awarded at such rate and in such manner as the Governor in Council may prescribe under section 5 of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970.
Where an assessment is made under this section and the Minister subsequently re-assesses the degree of disability, compensation shall be paid according to the rates applicable at the time compensation was first awarded.
Royal Canadian Mounted Police Special Constables
Interpretation
In this Part, special constable means a person specially engaged and employed by the Royal Canadian Mounted Police under the authority of the Governor in Council for the particular duty of mounting guard at vulnerable points throughout Canada or for any other similar duty during the War.
Pensions for Disability and Death
Subject to this Part, pensions shall be awarded to or in respect of special constables who, during the War and as a direct result of the performance of their duties as special constables, suffered injury or disease or aggravation thereof resulting in disability or death.
The pension to be awarded under this Part in respect of disability shall be awarded at such rate and in such manner as the Governor in Council may prescribe under section 5 of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970.
The pensions to be awarded under this Part in respect of death shall be awarded in accordance with section 45 of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, and for the purposes of that section the pay and allowances that would have been permitted for pension purposes shall be the actual pay and allowances of which the special constable was in receipt at the time of his death.
Where a special constable is in receipt of a disability pension under the Pension Act, the amount of pension payable under this Part shall not at any time exceed the amount by which the pension authorized by that Act for total disability exceeds the pension of which he is in receipt under that Act.
No pension shall be awarded under this Part for any disability in respect of which a pension was awarded under the Pension Act.
No pension shall be awarded under this Part to or in respect of a special constable until he ceases to be a special constable.
No pension for death shall be awarded under this Part to or in respect of any person other than the surviving spouse, surviving common-law partner and surviving children of the special constable on account of whose death pension is claimed.
Air Raid Precautions Workers
Interpretation
In this Part,
air raid precautions worker means a person registered as a volunteer worker in a designated area by an official body organized for air raid precautions purposes, a duly registered voluntary evacuation worker or a person designated as such by the Minister pursuant to section 40; (engagé de la défense passive)
designated area means any area that has been designated as such by the Governor in Council; (région désignée)
serious or prolonged disability does not include a disability of a degree less than twenty per cent estimated in the manner provided by subsection 35(2) of the Pension Act; (invalidité grave ou prolongée)
war service injury means, in the case of an air raid precautions worker other than a duly registered voluntary evacuation worker, any physical injury sustained during the War and arising out of and in the course of his duties as such as a direct result of enemy action, counteraction against the enemy or action in apprehension of enemy attack or during a blackout, test or period of training duly authorized by the senior air raid precautions officer in the designated area in which the injury was sustained, and, in the case of a duly registered voluntary evacuation worker, means injuries arising out of and in the course of his duties as an evacuation worker. (blessure de service de guerre)
Pensions and Allowances for Disability and Death
Subject to this Part, pensions and allowances shall be awarded in accordance with the rates set out in Schedules I, II and III of the Pension Act in respect of serious or prolonged disability or death caused by a war service injury.
No pension shall be awarded under this Part in respect of a war service injury sustained by reason of the wilful negligence or improper conduct of the air raid precautions worker by or in respect of whom pension is claimed.
No pension in respect of a war service injury shall be paid under this Part to or in respect of any person in any period during which the person receives or is entitled to receive in respect of the same injury any grant, allowance, compensation, pension or other payment of a like nature, payable out of any public funds to which the person has not made a direct financial contribution, unless the grant, allowance, compensation, pension or other payment is less than the amount of the pension that would otherwise be payable under this Part, in which case a pension equal to the amount by which the pension that would otherwise be payable under this Part exceeds the other grant, allowance, compensation, pension or other payment may be paid under this Part during that period.
No pension shall be awarded under this Part to the surviving spouse or surviving common-law partner of any person in respect of the death of the person unless the surviving spouse or surviving common-law partner wholly or to a substantial extent maintained or was maintained by that person at the time of that person’s death and unless the surviving spouse or surviving common-law partner was that person’s spouse or common-law partner, as the case may be, prior to the day the war service injury in respect of which a pension is claimed was sustained.
No additional pension shall be awarded under this Part to any person in respect of the person’s spouse or common-law partner unless the spouse or common-law partner was wholly or to a substantial extent maintained by that person immediately prior to the day the war service injury in respect of which an additional pension is claimed was sustained.
The Minister may deduct from any additional pension payable under this Part in respect of any dependant any amount payable by way of grant or allowance, whether payable out of public funds or otherwise, for the maintenance of the dependant.
[Repealed]
No additional pension shall be awarded under this Part in respect of any child born more than nine months after the day the war service injury in respect of which any pension is payable was sustained.
Where a person to whom a pension may be awarded under section 31 is under the age of seventeen years, no pension shall be paid to that person until that person attains the age of seventeen years, but the Minister may direct that, until that age is attained, the pension shall be administered for the benefit of that person by the Department of Veterans Affairs or a person or agency selected by the Minister.
[Repealed]
The Minister may designate as an air raid precautions worker any person who as an employee in an essential service, although unregistered as a volunteer worker, assisted in air raid precautions work consequent on enemy action or counteraction against the enemy or a duly authorized blackout.
Injury During Remedial Treatment
Pensions and allowances shall be awarded in accordance with the rates set out in Schedules I, II and III of the Pension Act to or in respect of persons who
were called up for training, service or duty under The National Resources Mobilization Act, 1940, chapter 13 of the Statutes of Canada, 1940;
accepted and underwent treatment of any kind prescribed by the Department of Veterans Affairs for the purpose of improving their physical condition and rendering them fit for training, service or duty; and
suffered injury or disease or aggravation thereof resulting in disability or death arising out of or directly connected with that treatment.
Pensions and allowances shall be awarded in accordance with the rates set out in Schedules I, II and III of the Pension Act to or in respect of persons who
volunteered for active service in the Canadian naval, army or air forces but were not accepted owing to their physical condition;
were furnished with remedial treatment by the Department of Veterans Affairs, under the conditions prescribed by the Governor in Council, for the purpose of rendering them fit for active service in those forces; and
suffered injury or disease or aggravation thereof resulting in disability or death arising out of or directly connected with that treatment.
Voluntary Aid Detachment (World War I)
The Pension Act applies to and in respect of Canadian members of the Voluntary Aid Detachment of the British Red Cross during World War I as though their service as such had been service as a member of the forces within the meaning of that Act.
For the purposes of subsection (1), a person was a Canadian member if, at the commencement of the person’s service as a member, the person was
a Canadian citizen;
a Canadian national as defined in section 2 of the Canadian Nationals Act, chapter 21 of the Revised Statutes of Canada, 1927; or
a British subject domiciled in Newfoundland.
Voluntary Aid Detachment (World War II)
In this Part,
member of the Voluntary Aid Detachment means a member of the Nursing Auxiliary Canadian Red Cross Corps or the Nursing Division of the St. John Ambulance Brigade of Canada who, with the approval of the Adjutant-General, served with the Royal Canadian Army Medical Corps during the War; (membre du détachement des auxiliaires volontaires)
serious or prolonged disability does not include a disability of a degree less than twenty per cent estimated in the manner provided by subsection 35(2) of the Pension Act; (invalidité grave ou prolongée)
war service injury means an injury arising out of and in the course of duties as a member of the Voluntary Aid Detachment. (blessure de service de guerre)
Subject to this Part, pensions and allowances shall be awarded in accordance with Schedules I, II and III of the Pension Act in respect of serious or prolonged disability or death caused by a war service injury.
No pension shall be awarded under this Part in respect of a war service injury sustained by reason of the wilful negligence or improper conduct of the member of the Voluntary Aid Detachment by or in respect of whom pension is claimed.
No pension in respect of a war service injury shall be paid under this Part to or in respect of any person in any period during which the person receives or is entitled to receive in respect of the same injury any grant, allowance, compensation, pension or other payment of a like nature, payable out of any public funds to which that person has not made a direct financial contribution, unless the grant, allowance, compensation, pension or other payment is less than the amount of the pension that would otherwise be payable under this Part, in which case a pension equal to the amount by which the pension that would otherwise be payable under this Part exceeds the other grant, allowance, compensation, pension or other payment may be paid under this Part during that period.
[Repealed]
Overseas Welfare Workers (World War II and Korean War)
The definitions in this section apply in this Part.
Korean War means the military operations undertaken by the United Nations to restore peace in the Republic of Korea, and the period denoted by the term Korean War is the period from June 25, 1950 to July 27, 1953, inclusive. (guerre de Corée)
overseas welfare worker means a person who, under the auspices of the Canadian Red Cross Society or the St. John Ambulance Brigade of Canada,
served outside Canada during the War as a welfare worker, nursing aid, ambulance or transport driver or member of the Overseas Headquarters Staff or in any other capacity, including orthopaedic nurses selected by, and orthopaedic surgeons enrolled by, the Canadian Red Cross Society for service overseas with the Scottish Ministry of Health; or
served outside Canada in the Korean War in a capacity similar to one referred to in paragraph (a). (préposé d’assistance sociale outre-mer)
The Pension Act applies to and in respect of overseas welfare workers as though their service as such had been service as a member of the forces within the meaning of that Act.
[Repealed]
Ferry Command
In this Part, civilian member of Ferry Command means a person, other than a member of the forces, who
was employed during the War by the Air Ministry of the United Kingdom;
was domiciled in Canada or Newfoundland at the commencement of that employment; and
served during the War as air crew with Number 45 Wing of the Royal Air Force Transport Command, Number 45 Group of the Royal Air Force Ferry Command or the Atlantic Ferrying Organization on a flight ferrying the aircraft being flown
between Canada and a place other than Canada or Newfoundland,
between Newfoundland and a place other than Canada or Newfoundland, or
within Canada or Newfoundland, or between Canada and Newfoundland, if the flight, in the Minister’s opinion, was essential to the prosecution of the War on behalf of His Majesty or His Majesty’s allies.
The Pension Act applies to and in respect of civilian members of Ferry Command as though their service as such had been service as a member of the forces within the meaning of that Act.
[Repealed]
Civilian Allowances
For the purposes of this Part,
allowance means an allowance referred to in subsection 57(1); (allocation)
civilian means
a person who
served at sea in a ship of Canadian or Newfoundland registry during World War I or World War II for a period of at least six months, and
during the period of service referred to in subparagraph (i) made at least one trip through dangerous waters,
a Canadian citizen, a Canadian national as defined in the Canadian Nationals Act, chapter 21 of the Revised Statutes of Canada, 1927, or a British subject domiciled in Newfoundland at the commencement of his qualifying service who
served at sea during World War I or World War II for a period of at least six months in a ship of United Kingdom registry or the registry of one of the countries allied or associated with His Majesty in either of those wars, and
during the period of service referred to in subparagraph (i) made at least one trip through dangerous waters,
[Repealed]
a Canadian citizen who
served at sea in a ship of another country allied or associated with the United Nations during United Nations military operations in Korea for a period of at least six months, and
during the period of service referred to in subparagraph (i) served at least twenty-eight days on such a ship within dangerous waters off the coast of Korea,
a person who was a member of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act,
a person who was a Canadian member, within the meaning of section 42.1, of the Voluntary Aid Detachment of the British Red Cross during World War I and served during World War I in a theatre of actual war within the meaning of paragraph 37(8)(b) of the War Veterans Allowance Act,
a person who
was an overseas welfare worker within the meaning of paragraph (a) of the definition overseas welfare worker in section 48 and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act, or
a person who was a civilian member of Ferry Command within the meaning of section 52 and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act,
a person who was a member of the Newfoundland Overseas Forestry Unit and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act, and
a person who is in receipt of a pension under Parts I to X or is declared to have been eligible for, or awarded, such a pension subsequent to the person’s death; (civil)
dangerous waters means such oceans, seas or waters as the Veterans Review and Appeal Board established by the Veterans Review and Appeal Board Act may prescribe; (eaux dangereuses)
service at sea means service in a ship that normally sailed or operated outside the territorial waters of all countries during World War I, World War II or the United Nations military operations in Korea; (service en mer)
ship means
a ship or vessel engaged in trade or the transportation of cargo or passengers, or
a ship or vessel taken over and operated by the British Admiralty
For the purposes of this section,
World War I shall be deemed to have commenced on August 4, 1914 and to have concluded on November 11, 1918;
World War II shall be deemed to have commenced on September 1, 1939 and to have terminated
in respect of service in connection with operations in the European and Mediterranean theatres of war, on May 8, 1945, and
in respect of service in connection with operations in the Pacific theatre of war, on August 15, 1945; and
the United Nations military operations in Korea shall be deemed to have commenced on June 25, 1950 and to have terminated on July 27, 1953.
In calculating the period that a person served overseas for the purpose of paragraph (e) or (g) of the definition civilian in subsection (1), the travelling of the person from the date of embarkation for the United Kingdom until arrival in that country and from the date of embarkation from the United Kingdom for Canada or Newfoundland until arrival in Canada or Newfoundland shall be considered as overseas service.
Subject to subsection (2),
an allowance is payable to and in respect of a civilian and persons who, in relation to a civilian, would be entitled to an allowance under the War Veterans Allowance Act if the civilian were a veteran within the meaning of that Act, in the same manner and to the same extent as if the civilian were a veteran to whom that Act applies; and
the War Veterans Allowance Act and everything done or permitted or required to be done thereunder in respect of veterans applies, with such modifications as the circumstances require, to and in respect of and for the purposes of determining all matters pertaining to an allowance payable under the authority of this section to and in respect of the civilian and those persons.
No allowance is payable to a person who
is a recipient of an allowance under the War Veterans Allowance Act; or
in World War II served
in enemy forces,
in an enemy ship, or
in war service groups associated with forces of the enemy.