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

PART VII.1Voluntary Aid Detachment (World War I)

Marginal note:Application of Pension Act

• 42.1 (1) 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.

• Marginal note:Meaning of Canadian member

  (2) 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) a Canadian citizen;

  • (b) a Canadian national as defined in section 2 of the Canadian Nationals Act, chapter 21 of the Revised Statutes of Canada, 1927; or

  • (c) a British subject domiciled in Newfoundland.

PART VIIIVoluntary Aid Detachment (World War II)

Marginal note:Definitions

43 In this Part,

member of the Voluntary Aid Detachment

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

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 an injury arising out of and in the course of duties as a member of the Voluntary Aid Detachment. (blessure de service de guerre)

Marginal note:Rates of pensions and allowances

44 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.

Marginal note:Improper conduct

45 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.

Marginal note:Avoidance of duplication of benefits

46 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.

47 [Repealed, 1990, c. 43, s. 51]

PART IXOverseas Welfare Workers (World War II and Korean War)

Marginal note:Definitions

48 The definitions in this section apply in this Part.

Korean War

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

overseas welfare worker means a person who, under the auspices of the Canadian Red Cross Society or the St. John Ambulance Brigade of Canada,

• (a) 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

• (b) served outside Canada in the Korean War in a capacity similar to one referred to in paragraph (a). (préposé d’assistance sociale outre-mer)

Marginal note:Application of Pension Act

49 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.

50 and 51 [Repealed, 2000, c. 34, s. 8]

PART XFerry Command

Marginal note:Definition of civilian member of Ferry Command

52 In this Part, civilian member of Ferry Command means a person, other than a member of the forces, who

• (a) was employed during the War by the Air Ministry of the United Kingdom;

• (b) was domiciled in Canada or Newfoundland at the commencement of that employment; and

• (c) 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

  • (i) between Canada and a place other than Canada or Newfoundland,

  • (ii) between Newfoundland and a place other than Canada or Newfoundland, or

  • (iii) 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.

Marginal note:Application of Pension Act

53 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.

54 and 55 [Repealed, 2000, c. 34, s. 9]

PART XICivilian Allowances

Marginal note:Definitions

• 56 (1) For the purposes of this Part,

  allowance

  allowance means an allowance referred to in subsection 57(1); (allocation)

  civilian

  civilian means

  • (a) a person who

    • (i) 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

    • (ii) during the period of service referred to in subparagraph (i) made at least one trip through dangerous waters,

  • (b) 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

    • (i) 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

    • (ii) during the period of service referred to in subparagraph (i) made at least one trip through dangerous waters,

  • (c) [Repealed, 1999, c. 10, s. 35]

  • (d) a Canadian citizen who

    • (i) 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

    • (ii) 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,

  • (e) 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,

  • (f) 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,

  • (g) a person who

    • (i) 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

    • (ii) was an overseas welfare worker within the meaning of paragraph (b) of the definition overseas welfare worker in section 48,

  • (h) 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,

  • (i) 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

  • (j) 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

  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)

  merchant navy veteran

  merchant navy veteran[Repealed, 1999, c. 10, s. 35]

  service at sea

  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

  ship means

  • (a) a ship or vessel engaged in trade or the transportation of cargo or passengers, or

  • (b) a ship or vessel taken over and operated by the British Admiralty

  but does not include a ship or vessel engaged in the fishing industry. (navire)

• Marginal note:Presumptions

  (2) For the purposes of this section,

  • (a) World War I shall be deemed to have commenced on August 4, 1914 and to have concluded on November 11, 1918;

  • (b) World War II shall be deemed to have commenced on September 1, 1939 and to have terminated

    • (i) in respect of service in connection with operations in the European and Mediterranean theatres of war, on May 8, 1945, and

    • (ii) in respect of service in connection with operations in the Pacific theatre of war, on August 15, 1945; and

  • (c) 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.

• Marginal note:Calculation of service

  (3) In calculating the period that a person served at sea for the purpose of paragraph (a) or (b) of the definition civilian in subsection (1), time spent by the person as a prisoner of war or as an internee shall be considered as service at sea, subject to subsection (3.1).

• Marginal note:Calculation of service

  (3.1) In calculating the period that a person served at sea for the purpose of paragraph (a) or (b) of the definition civilian in subsection (1), time during which the person was less than fourteen years of age shall be excluded.

• Marginal note:Idem

  (4) 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.

• Marginal note:Application of certain provisions

  (5) Sections 7, 8 and 10 apply for the purposes of the provisions of this Part relating to persons who are civilians by virtue of paragraph (a), (b) or (d) of the definition civilian in subsection (1).