Veterans Benefit Act

An Act respecting benefits for members of the Canadian Forces Short title This Act may be cited as the Veterans Benefit Act. Definitions In this Act Canadian Forces means the forces referred to in section 15 of the National Defence Act, chapter 184 of the Revised Statutes of Canada, 1952, as that section read on the 31st day of October 1953; (Forces canadiennes) Minister means the Minister of Veterans Affairs; (Ministre) service in a theatre of operations means any service of a member of the Canadian Forces from the time of his departure at any time prior to the 27th day of July 1953 from Canada or the United States, including Alaska, to participate in military operations undertaken by the United Nations to restore peace in the Republic of Korea, until he next returns to Canada or the United States, including Alaska; he is next posted to a unit that is not participating in such operations; the unit with which he is serving, having ceased to participate in such operations, arrives at the place to which it has been next assigned; or the 31st day of October 1953, whichever is the earliest; (service sur un théâtre d’opérations) special force means the Royal Canadian Navy Special Force, Canadian Army Special Force and the Royal Canadian Air Force Special Force, as constituted from time to time by the Minister of National Defence; (contingent spécial) unit means a unit or other element of the Canadian Forces organized by or under the authority of the Minister of National Defence. (unité) Application The War Service Grants Act applies to members of the Canadian Forces described in paragraphs (2)(a), (b) and (c) as specified in this section. Member of the forces The expressions member and member of the forces, as defined in section 2 of the said Act, include every person who was enrolled for the purpose of serving in the special force and who has been on service in a theatre of operations; every officer or non-commissioned member of the reserve forces who has been on service in a theatre of operations on the strength of the special force; and every member of the regular forces who has been on service in a theatre of operations on the strength of the special force. Discharge The expression discharge, as defined in section 2 of the said Act, means, in the case of a person described in paragraph (2)(a) of this section, honourable termination of his service in the special force otherwise than by reason of engagement in the regular forces, and in the case of a person described in paragraph (2)(b) or (c) of this section means, honourable termination of his service in or with the regular forces, including, in the case of an officer or non-commissioned member of the reserve forces, return to reserve status; and in any case where his service in or with the regular forces has not been terminated, if his service in a theatre of operations has been honourably terminated and immediate leave has been granted to him, the reporting by him to a unit on the expiration of such leave, if his service in a theatre of operations has been honourably terminated without immediate leave having been granted to him, the commencement by him, pursuant to orders, of further duty in a unit other than a unit of the special force, and if he has been evacuated on medical grounds from a theatre of operations for the purpose of further medical treatment, his admission to a hospital in Canada. Pay and allowances The expression pay and allowances, as defined in section 2 of the said Act, means the following pay and allowances prescribed by the regulations under section 35 of the National Defence Act: pay of rank, including group pay and progressive pay; if marriage allowance is being paid, marriage allowance and separated family’s allowance at the rates applicable to an officer or non-commissioned member in receipt of subsistence allowance and not occupying married quarters; and subsistence allowance, whether or not it is being paid to the officer or non-commissioned member concerned, at the rates applicable in Canada. Service The expression service, as defined in section 2 of the said Act, means time served in the Canadian Forces. Subsections 3(1) and (2) For the purposes of this section, subsections 3(1) and (2) of the said Act are deemed to read as follows: Gratuity payable to member of the forces Subject to this Act, every member of the forces is, upon discharge, entitled to be paid a war service gratuity at the rate of fifty cents a day for each day of paid service in a theatre of operations. Supplemental gratuity In addition to the amount mentioned in subsection (1), every member of the forces is, upon discharge, entitled to be paid for each period of one hundred and eighty-three days of paid service in a theatre of operations, and proportionately for any less period, an amount equal to seven days pay and allowances at the rate payable to or in respect of such member at the termination of his last such period of service preceding discharge.” Subsection 5(1) For the purposes of this section, subsection 5(1) of the said Act is deemed to read as follows: Payment of gratuity in case of death of member Where a member of the forces dies while on service or after discharge but before he has been paid his gratuity in full, payment of the gratuity or the unpaid balance thereof shall be made to any person to or on behalf of whom marriage allowance was payable immediately prior to such member’s death or discharge; any person who, in the opinion of the Minister, was eligible to be paid such marriage allowance immediately prior to such member’s death or discharge; any person on whose behalf, in the opinion of the Minister, marriage allowance would have been payable immediately prior to such member’s death or discharge, had not such person been a member of the forces; or any person who, in the opinion of the Minister, was wholly or substantially dependent upon such member at the time of such member’s death; and where there is no person to whom payment may be made under paragraph (a), (b), (c) or (d), the gratuity shall form part of the deceased member’s service estate or, at the option of the Minister, shall be paid to such person as the Minister directs.” [Repealed, 1993, c. 34, s. 133] [Repealed, 2000, c. 34, s. 56] The Veterans’ Land Act applies to members of the Canadian Forces included under subsection (2) in the expression veteran therein referred to. Veteran The expression veteran, as defined in subsection 2(1) of the said Act, includes every person described in paragraphs 4(2)(a), (b), (c) and (d) of this Act. Persons qualified to participate Where any contract has been entered into under section 11 or 26 of the said Act, or any grant has been made under section 45 or 46 of the said Act, with or to any person described in paragraph 4(2)(a), (b), (c) or (d) of this Act in respect of his service during the war declared by His Majesty on the 10th day of September 1939, and the contract or the agreement relating to the grant is rescinded or otherwise terminated prior to his discharge referred to in subsection 4(2) of this Act and, in the case of the contract, prior to the expiration of the ten-year period referred to in subsection 11(5) of the said Act, or in the case of the agreement relating to the grant, prior to the expiration of the period after which, under the agreement, he is not required to repay the grant, such person is qualified to participate in the benefits of the said Act if he pays to The Director, The Veterans’ Land Act, the amount of any loss sustained by the Crown by reason of such contract or grant, as determined by the Minister. Persons not qualified to receive additional benefits Except as provided in subsection (3), no person described in paragraph 4(2)(a), (b), (c) or (d) of this Act who has entered into a contract with the Director under section 11 or 26 of the said Act or has received any grant under section 45 or 46 of the said Act is qualified to receive any additional benefits under that Act by virtue of this section. The Veterans Insurance Act applies to members of the Canadian Forces described in paragraphs (2)(a), (b), (c) and (d), and their dependants, as specified in this section. The expression veteran, as defined in subsection 2(1) of the said Act, includes every person who was enrolled for the purpose of serving in the special force, who has been on service in a theatre of operations and who has been discharged from such force; every officer or non-commissioned member of the reserve forces who has been on service in a theatre of operations on the strength of the special force, and whose service with the regular forces has been terminated; every member of the regular forces who has been on service in a theatre of operations on the strength of the special force and who has been discharged from the regular forces; and every person described in paragraph 4(2)(d) of this Act. Discharge from service The expression discharge from service, as defined in subsection 2(1) of the said Act, means, in the case of a person described in paragraph (2)(b) of this section, termination of his service with the regular forces. Subparagraph 3(1)(b)(iii) For the purposes of this section, subparagraph 3(1)(b)(iii) of the said Act is deemed to read as follows: a person who is a member of the regular forces and has been on service in a theatre of operations on the strength of the special force,”. Minister may enter into contract with widow Where any person described in paragraph (2)(a), (b), (c) or (d) of this section or subsection (4) of this section who is eligible for insurance under the Veterans Insurance Act by virtue of this section dies without having obtained any contract of insurance thereunder, the Minister may enter into a contract of insurance under that Act with the widow of such person at any time prior to the expiration of the period during which such person, had he lived, would have been eligible for a contract of insurance under that Act. Idem Where any person who served in a theatre of operations on the strength of the special force has died prior to the 26th day of June 1954 and prior to the termination of his service with the special force or the regular forces, the Minister may enter into a contract of insurance under the Veterans Insurance Act with the widow of such person as though that person had died on or after that date and as though he had been discharged from the said force or forces or his service therewith had been terminated immediately prior to his death. Time limit No contract of insurance may be entered into by the Minister under the said Act with any person described in paragraph (2)(a), (b), (c) or (d) of this section or subsection (4) of this section after the 31st day of October 1958. [Repealed, 1993, c. 34, s. 134] Korean War veterans Paragraph 39(1)(b) of the Public Service Employment Act applies to every person not described in subsection (2) who has served in or on the strength of the special force and, at the commencement of such service, was domiciled in Canada or was a Canadian citizen, has served in a theatre of operations, and has not, by reason of misconduct, ceased so to serve, as though that person were a veteran within the meaning of that Act. Korean War veterans pensioned for disability Paragraph 39(1)(a) of the Public Service Employment Act applies to every person who is in receipt of a pension under the Pension Act for disability resulting from an injury or disease or an aggravation thereof that was attributable to or was incurred during service in or on the strength of the special force or during service in a theatre of operations; at the commencement of his service in or on the strength of the special force, was domiciled in Canada or was a Canadian citizen; has, from causes attributable to his service in or on the strength of the special force, lost the capacity for physical exertion to such an extent as to render him unfit efficiently to pursue the vocation that he was pursuing before such service; and has not been successfully re-established in some other vocation. The Public Service Superannuation Act applies, in such manner and to such extent as the Governor in Council may prescribe, to and in respect of every person who was enrolled for the purpose of serving in the special force, and every officer and non-commissioned member of the regular forces or the reserve forces who served on the strength of the special force, as though his service on the strength of the special force were active service in the forces during World War II within the meaning of that Act. [Repealed, 1988, c. 2, s. 68] Existing rights preserved Nothing in this Act shall be held to prejudice any right, benefit or privilege that any person had, under any of the enactments to which this Act applies, prior to the 26th day of June 1954.