War Claims Regulations

War Claims Regulations His Excellency the Governor General in Council, on the recommendation of the Secretary of State and pursuant to The Appropriation Act, No. 4, 1952, Vote No. 696, is pleased to order as follows: The War Claims Regulations, established by Order in Council P.C. 4267 of 9th October, 1952, as amended, are hereby revoked; and The annexed “War Claims Regulations” are hereby made and established in substitution for the regulations hereby revoked. These regulations may be cited as the War Claims Regulations. In these regulations, war claims means a claim for compensation arising out of World War II; (réclamation de guerre) War Claims Commissioner means the Chief War Claims Commissioner appointed for the purpose of inquiring into, reporting upon and making recommendations with respect to the payment of war claims in particular cases; (Commissaire des réclamations de guerre) War Claims Fund means the War Claims Fund established by Vote 696 of The Appropriation Act, No. 4, 1952; (Caisse des réclamations de guerre) war claims rules and rules means the rules established by section 3. (règles concernant les réclamations de guerre et règles) The recommendations contained in the Report of the Advisory Commission on War Claims dated February 25, 1952, modified to the extent specified in the Schedule hereto, shall constitute the rules governing payment out of the War Claims Fund of compensation in respect of war claims. Payment may be made out of the War Claims Fund, with the approval of the Treasury Board, to a person, or to another on his behalf, in respect of a war claim, of an amount that, in the opinion of the War Claims Commissioner, that person is eligible to receive under the war claims rules. Notwithstanding subsection (1), payment may be made out of the War Claims Fund of compensation for maltreatment in accordance with the rules to a person, or to another on his behalf, where, in the opinion of the Treasury Board, that person is eligible to receive such compensation under the rules. In approving payments under this section, the Treasury Board shall determine the times at which such payments shall be made to give effect to the order of priorities established by the war claims rules. Notwithstanding anything in this section, where a payment in respect of a war claim may be or could have been made to a person, or to another on his behalf, from a source other than the War Claims Fund, the Treasury Board may determine the portion, if any, of the payment and the time at which such portion may be paid to that person or to another on his behalf out of the War Claims Fund. No right to payment is conferred by these regulations. These regulations shall be administered by the Secretary of State. Claims by Canadians Where a claim is made for maltreatment and the person who suffered the maltreatment was at the time when the maltreatment occurred a member of the armed forces of Canada, the claimant shall be deemed to have been a Canadian both at the time of the maltreatment and at the time of presentation of the claim. For the purpose of determining whether a corporation is a Canadian at any relevant time, of the three tests recommended by the Advisory Commission on War Claims, those as to residence and trading only are retained and the test relating to ownership of outstanding securities is deleted. A corporation regarded as having had residence both in Canada and outside of Canada at any relevant time may be treated as at that time having had Canadian residence only if it then was incorporated in Canada. Maltreatment In respect of the European Theatre: Where a person has been in the direct custody of members of an organization declared a criminal organization by the International Military Tribunal, Nuremberg (such organization being the SS, SD, Gestapo and Leadership Corps), and is ineligible for an award under the Sumner Commission test, he may, if held in such custody for a period of fourteen days or more, be awarded one dollar per diem for each day of such custody, but should such custody have been for less than fourteen days any award on a per diem basis shall be within the discretion of the War Claims Commission. The receipt of or the eligibility for a pension under the Pension Act for disability consequent upon maltreatment shall not be taken into account in determining eligibility for or the amount of a per diem award or a lump sum award for maltreatment. In respect of the Far Eastern Theatre: Maltreatment awards at the rate of one dollar per diem to or in respect of former prisoners of war of the Japanese eligible therefor under the Report of the Advisory Commission on War Claims may be paid in a lump sum as in the case of such awards to or in respect of civilians, and such payments shall include any benefit for which the recipients may be eligible pursuant to Article 16 of the Treaty of Peace with Japan. Surviving awards — civilian claims: Where there is a valid death claim in addition to a claim for maltreatment the accrual of the benefits of the maltreatment award to the widow, dependent husband, child, children, dependent parent or parents of the deceased as the case may be, shall not be taken into account in determining the pecuniary loss which he, she, or they, have suffered from the death. Surviving awards — dependents of service personnel: Where maltreatment caused death but there is no valid death claim because the deceased was a prisoner of war and pension is payable on account of his death, the maltreatment award payable to the widow, dependent husband, child, children or other dependent shall be paid to such dependent notwithstanding the fact that such dependent is in receipt of a pension in respect of the death, and without any deduction on account of such pension. Additional payments: There may be paid to every person to or in respect of whom, on or prior to the coming into force of this paragraph, payment of a maltreatment award was authorized to be made, an additional amount equal to fifty per cent of the maltreatment award so authorized, but if that person is dead, the additional amount shall be paid to such person as the Treasury Board designates. Increases in rates: In their application to persons to or in respect of whom no payment of a maltreatment award was authorized on or prior to the coming into force of this paragraph but who may be eligible to receive such an award, paragraphs (a) and (b) shall be read and construed as if for the words “one dollar” there were substituted the words “one dollar and fifty cents”. Claims for Property Losses In any case in which final compensation for such loss has been provided for by or under an Act of the Parliament of Canada or by the Governor in Council, no claim on the War Claims Fund in respect of such loss shall be admitted. In the recommendation relating to the payment of certain expenses of claimants, the words “in former enemy or enemy-occupied territory” are substituted for the word “abroad”. Priorities The following shall be the effective orders of priority: Claims for compensation for death, personal injury and maltreatment, in full, or if the Fund is not sufficient to pay them in full, the pro rata. Claims for compensation for property losses up to $2,500 in full, of if the balance in the Fund is not sufficient to pay them in full, then pro rata. All remaining claims for compensation for property losses up to an additional $2,500 in full, or if the balance in the Fund is not sufficient to pay them in full, then pro rata. All remaining claims for compensation for property losses up to an additional $5,000 in full,or if the balance in the Fund is not sufficient to pay them in full, then pro rata. All remaining claims for compensation for property losses up to an additional $5,000 in full, or if the balance in the Fund is not sufficient to pay them in full, then pro rata. All remaining claims for compensation for property losses up to an additional $15,000 in full,or if the balance in the Fund is not sufficient to pay them in full, then pro rata. All remaining claims for compensation for property losses up to an additional $20,000 in full, of if the balance in the Fund is not sufficient to pay them in full, then pro rata. All remaining claims for compensation for property losses up to an additional $50,000 in full, or if the balance in the Fund is not sufficient to pay them in full, then pro rata. All remaining claims for compensation for property losses in full, or if the balance in the Fund is not sufficient to pay them in full, then pro rata. Interest Simple interest at three per centum per annum may be paid on the following classes of awards: For property losses on the high seas, or on land that was not at any time during World War II included in enemy or enemy occupied territory, from the date of the loss; For personal injury or death on the high seas from the date of the loss; For disbursements for medical and similar expenses from the date of the disbursement; and For all other claims, excluding awards for maltreatment, from January 1, 1946. Limitation of Time for Filing Claims Notice of a claim must be received by the War Claims Commission not later than November 30, 1954. A claim for maltreatment shall be deemed to be presented at the time when it is first made or on the date of coming into force of the War Claims Regulations, whichever is the later. Satisfaction from Source other than the War Claims Fund Where the War Claims Commissioner is satisfied that a claimant is entitled to receive a payment of compensation from the Governments of Hungary or Roumania pursuant to the Treaties of Peace with Hungary and with Roumania, and that the amount thereof has not been paid to the claimant, he shall not in applying the rules regard such entitlement as satisfaction otherwise provided for; provided that the claimant has assigned his rights to such entitlement to the Crown in right of Canada. In any case where a payment in respect of a war claim may be or could have been made to a person, or to another on his behalf, from a source other than the War Claims Fund and where the War Claims Commissioner is of opinion that undue delay would result from postponement of his recommendation until he could assess with reasonable certainty the possibilities of recovery of compensation from such other source, he may make his recommendation immediately on the basis of the information then available.