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

Act current to 2022-11-16 and last amended on 2005-07-20. Previous Versions

PART VRoyal Canadian Mounted Police Special Constables (continued)

Pensions for Disability and Death (continued)

Marginal note:Amount of pension

 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.

  • R.S., c. C-20, s. 29

Marginal note:Not applicable if Pension Act applies

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

  • R.S., c. C-20, s. 30

Marginal note:Award on ceasing to be special constable

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

  • R.S., c. C-20, s. 31

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

 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.

  • R.S., 1985, c. C-31, s. 29
  • 2000, c. 12, s. 80

PART VIAir Raid Precautions Workers

Interpretation

Marginal note:Definitions

 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)

  • R.S., 1985, c. C-31, s. 30
  • 1995, c. 18, s. 85

Pensions and Allowances for Disability and Death

Marginal note:Rates applicable

 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.

  • R.S., 1985, c. C-31, s. 31
  • 1999, c. 10, s. 29

Marginal note:Wilful negligence or improper conduct

 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.

  • R.S., c. C-20, s. 36

Marginal note:If other pension or payment made

 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.

  • R.S., c. C-20, s. 37

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

  •  (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.

  • R.S., 1985, c. C-31, s. 34
  • 2000, c. 12, s. 81

Marginal note:Deduction

 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.

  • R.S., 1985, c. C-31, s. 35
  • 1995, c. 18, s. 81

 [Repealed, 2005, c. 33, s. 7]

Marginal note:Children

 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.

  • R.S., c. C-20, s. 41

Marginal note:Children

 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.

  • R.S., 1985, c. C-31, s. 38
  • 1995, c. 18, s. 82
  • 2000, c. 34, s. 94(F)

 [Repealed, 1990, c. 43, s. 50]

Marginal note:Designated air raid precautions workers

 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.

  • R.S., 1985, c. C-31, s. 40
  • 1995, c. 18, s. 85

PART VIIInjury During Remedial Treatment

Marginal note:Rates of pensions and allowances

 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.

  • R.S., 1985, c. C-31, s. 41
  • 1999, c. 10, s. 30
  • 2000, c. 34, s. 94(F)

Marginal note:Rates of pensions and allowances

 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.

  • R.S., 1985, c. C-31, s. 42
  • 1999, c. 10, s. 31
  • 2000, c. 34, s. 94(F)

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

Marginal note:Application of Pension Act

  •  (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.

  • 2000, c. 34, s. 6

PART VIIIVoluntary Aid Detachment (World War II)

Marginal note:Definitions

 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)

  • R.S., c. C-20, s. 48

Marginal note:Rates of pensions and allowances

 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.

  • R.S., 1985, c. C-31, s. 44
  • 1999, c. 10, s. 32

Marginal note:Improper conduct

 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.

  • R.S., c. C-20, s. 50

Marginal note:Avoidance of duplication of benefits

 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.

  • R.S., c. C-20, s. 51

 [Repealed, 1990, c. 43, s. 51]

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

Marginal note:Definitions

 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)

  • R.S., 1985, c. C-31, s. 48
  • 2000, c. 34, s. 8

Marginal note:Application of Pension Act

 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.

  • R.S., 1985, c. C-31, s. 49
  • 1999, c. 10, s. 33
  • 2000, c. 34, s. 8

 [Repealed, 2000, c. 34, s. 8]

PART XFerry Command

Marginal note:Definition of civilian member of Ferry Command

 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.

  • R.S., 1985, c. C-31, s. 52
  • 2000, c. 34, s. 9
 
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