Civilian War-related Benefits Act (R.S.C., 1985, c. C-31)

Short Title

Marginal note:Short title

1 This Act may be cited as the Civilian War-related Benefits Act.

Interpretation

Marginal note:Definitions

• 2 (1) In Parts I to X,

  Commission

  Commission[Repealed, 1995, c. 18, s. 79]

  Minister

  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

  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)

• Marginal note:References to pension and allowance rates

  (2) 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.

Marginal note:Persons considered to be members of certain groups

2.1 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.

Marginal note:Claims to be dealt with as claims under Pension Act

3 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.

4 [Repealed, 2000, c. 34, s. 2]

Equality of Status

Marginal note:Status of males and females

5 Male and female persons under this Act have equality of status and equal rights and obligations under this Act.

PART ICanadian Salt Water Fishers

Interpretation

Marginal note:Definitions

6 The definitions in this section apply in this Part.

Canadian salt water fisher

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

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)

Marginal note:Canada Shipping Act to apply

7 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

Marginal note:Evidence

8 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

• (a) information about the existence of any registered or licensed ship on which the person claims to have served is corroborated by official records;

• (b) no information in the declaration or statement is contradicted by other evidence; and

• (c) 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

Marginal note:Pensions and allowances

9 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.

Marginal note:Compensation otherwise payable

9.1 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.

Marginal note:Presumption of death

10 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.

11 [Repealed, 1999, c. 10, s. 25]

Marginal note:Person not a Canadian citizen or resident of Canada

12 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.

13 and 14 [Repealed, 1992, c. 24, s. 6]

15 [Repealed, 1999, c. 10, s. 26]

PART I.1[Repealed, 1999, c. 10, s. 27]

PART IIAuxiliary Services Personnel

Interpretation

Marginal note:Definitions

16 In this Part,

helper

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

• (a) the Canadian naval forces under the authority of the Chief of Naval Personnel,

• (b) active units and formations of the Canadian army forces under the authority of the Adjutant-General, or

• (c) 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

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

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

Marginal note:Application of Pension Act

17 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.

18 [Repealed, 2000, c. 34, s. 3]

Overseas Headquarters Staff

Marginal note:Rates of pensions and allowances to members of Overseas Headquarters staff

19 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.

PART II.1Newfoundland Overseas Forestry Unit

Marginal note:Application of Pension Act

19.1 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.

PART IIICorps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom

Marginal note:Application of Pension Act

20 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.

PART IVRoyal Canadian Mounted Police

Marginal note:Claims

• 21 (1) 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.

• Marginal note:Rates of compensation

  (2) 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.

• Marginal note:Re-assessment of disability

  (3) 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.

PART VRoyal Canadian Mounted Police Special Constables

Interpretation

Marginal note:Definition of special constable

22 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

Marginal note:Pensions of special constables

23 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.

Marginal note:Rate and manner

24 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.

Marginal note:Provisions applicable

25 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.