C.R.C., c. 1048
Regulations Respecting the Administration and Distribution of the Estates of Deceased Members of the Canadian Forces
2. In these Regulations, unless the context otherwise requires,
- “deceased member”
“deceased member” includes any member who has been officially reported as dead or presumed dead in accordance with the appropriate service regulations from time to time in force; (membre décédé)
- “Director of Estates”
“Director of Estates” means the person appointed by the Minister of National Defence, under these Regulations, to administer the service estates of members of the Canadian Forces who die during their service as such members; (directeur des successions)
“member” means any person serving in the Canadian Forces; (membre)
“Minister” means the Minister of National Defence; (ministre)
- “service estate”
“service estate” means the following parts of the estate of a deceased member of the Canadian Forces:
(a) balance of service pay and allowances,
(b) all other emoluments emanating from the Crown that, at the date of death, are due or otherwise payable,
(c) effects issued by the Crown that, under regulation, he is permitted to retain, and
(d) personal belongings, including cash, found on the deceased member or in camp, quarters or otherwise in the care and custody of the Canadian Forces. (succession militaire)
3. These Regulations shall apply in respect of a member notwithstanding anything to the contrary in the provisions of any regulation or order relating to the unit of the Canadian Forces in which such member was serving at the date of his death.
4. The Minister shall appoint a Director of Estates who shall be a barrister of at least 10 years standing and who shall be directly responsible to the Deputy Minister of National Defence, and such officers, clerks and employees as are necessary for the administration of the service estates of the deceased members may be appointed in the manner authorized by law.
5. The service estate of a deceased member shall be subject to service debts, which are a first charge or lien against the said estate, and shall be payable by the Director of Estates as preferential charges to the exclusion of all other debts and liabilities, in the following order:
(b) mess, canteen, band and other service accounts;
(c) service clothing, appointments and equipment purchased by the deceased member not exceeding a sum equal to six months pay of the deceased and having become due within 18 months before his death.
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