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

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.

Marginal note:Amount of pension

26 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.

Marginal note:Not applicable if Pension Act applies

27 No pension shall be awarded under this Part for any disability in respect of which a pension was awarded under the Pension Act.

Marginal note:Award on ceasing to be special constable

28 No pension shall be awarded under this Part to or in respect of a special constable until he ceases to be a special constable.

Marginal note:Surviving spouse, common-law partner and children only

29 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.

PART VIAir Raid Precautions Workers

Interpretation

Marginal note:Definitions

30 In this Part,

air raid precautions worker

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

designated area means any area that has been designated as such by the Governor in Council; (région désignée)

serious or prolonged disability

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

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

Marginal note:Rates applicable

31 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.

Marginal note:Wilful negligence or improper conduct

32 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.

Marginal note:If other pension or payment made

33 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.

Marginal note:Pension to surviving spouse or surviving common-law partner

• 34 (1) 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.

• Marginal note:Additional pension in respect of spouse or common-law partner

  (2) 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.

Marginal note:Deduction

35 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.

36 [Repealed, 2005, c. 33, s. 7]

Marginal note:Children

37 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.

Marginal note:Children

38 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.

39 [Repealed, 1990, c. 43, s. 50]

Marginal note:Designated air raid precautions workers

40 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.

PART VIIInjury During Remedial Treatment

Marginal note:Rates of pensions and allowances

41 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

• (a) were called up for training, service or duty under The National Resources Mobilization Act, 1940, chapter 13 of the Statutes of Canada, 1940;

• (b) 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

• (c) suffered injury or disease or aggravation thereof resulting in disability or death arising out of or directly connected with that treatment.

Marginal note:Rates of pensions and allowances

42 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

• (a) volunteered for active service in the Canadian naval, army or air forces but were not accepted owing to their physical condition;

• (b) 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

• (c) suffered injury or disease or aggravation thereof resulting in disability or death arising out of or directly connected with that treatment.