Marginal note:Short title

1. This Act may be cited as the Veterans Benefit Act.

Marginal note:Definitions

2. In this Act

“Canadian Forces”

« Forces canadiennes »

“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;

“Minister”

« Ministre »

“Minister” means the Minister of Veterans Affairs;

“service in a theatre of operations”

« service sur un théâtre d’opérations »

“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

• (a) he next returns to Canada or the United States, including Alaska;

• (b) he is next posted to a unit that is not participating in such operations;

• (c) 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

• (d) the 31st day of October 1953,

whichever is the earliest;

“special force”

« contingent spécial »

“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;

“unit”

« unité »

“unit” means a unit or other element of the Canadian Forces organized by or under the authority of the Minister of National Defence.

Marginal note:Application

• 3. (1) 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.

• Marginal note:“Member of the forces”

  (2) The expressions “member” and “member of the forces”, as defined in section 2 of the said Act, include

  • (a) 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;

  • (b) 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

  • (c) every member of the regular forces who has been on service in a theatre of operations on the strength of the special force.

• Marginal note:“Discharge”

  (3) 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,

  • (a) 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

  • (b) in any case where his service in or with the regular forces has not been terminated,

    • (i) 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,

    • (ii) 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

    • (iii) 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.

• Marginal note:“Pay and allowances”

  (4) 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:

  • (a) pay of rank, including group pay and progressive pay;

  • (b) 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

  • (c) subsistence allowance, whether or not it is being paid to the officer or non-commissioned member concerned, at the rates applicable in Canada.

• Marginal note:“Service”

  (5) The expression “service”, as defined in section 2 of the said Act, means time served in the Canadian Forces.

• Marginal note:Subsections 3(1) and (2)

  (6) For the purposes of this section, subsections 3(1) and (2) of the said Act are deemed to read as follows:

  Marginal note:Gratuity payable to member of the forces

  • “3. (1) 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.

  • Marginal note:Supplemental gratuity

    (2) 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.”

• Marginal note:Subsection 5(1)

  (7) For the purposes of this section, subsection 5(1) of the said Act is deemed to read as follows:

  Marginal note:Payment of gratuity in case of death of member

  • “5. (1) 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

    • (a) any person to or on behalf of whom marriage allowance was payable immediately prior to such member’s death or discharge;

    • (b) 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;

    • (c) 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

    • (d) 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.”