War Service Grants Regulations (C.R.C., c. 1601)

Short Title

1 These Regulations may be cited as the War Service Grants Regulations.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the War Service Grants Act; (Loi)

  Advisory Committee

  Advisory Committee means the Re-establishment Credit Advisory Committee consisting of not less than two nor more than three employees of the Department appointed by the Minister in and for any district; (Comité consultatif)

  Department

  Department means the Department of Veterans Affairs. (ministère)

• (2) Other words and expressions in these Regulations have the same meaning as in the Act.

Records

3 The Minister shall cause such records to be kept as he may consider necessary for the proper administration of the Act.

War Service Gratuity

• 4 (1) A favourable decision in any case by two members of the Committee of Review shall be final, and an unfavourable decision can be made only by three members.

• (2) A copy of every decision of the Committee of Review shall be placed on the file of the member of the forces concerned held at the head office of the Department.

5 The gratuity or any portion thereof payable to a person who qualifies therefor in respect of a member of the forces who dies on service or after discharge, but before such member has been paid in full, shall be paid in one lump sum.

6 Any overpayment of pay and allowances as described in subsection 6(1) of the Act shall be deducted from the gratuity, but such overpayment shall not be deemed to include overpayment of pay and allowances made in respect of service in the forces of Her Majesty other than those raised in Canada to a person claiming benefits by virtue of section 26 of the Act.

Re-establishment Credit

• 7 (1) The Minister may refer any application to an Advisory Committee for its advice and recommendation respecting the qualifications of the applicant for re-establishment credit in relation to the objects for which the credit is proposed to be used and the soundness of the investment proposed by the applicant.

• (2) A person applying for a credit may request that his application be referred to an Advisory Committee.

• (3) No credit shall be made available to a member for the purchase of a business unless the application therefor is first referred to the Advisory Committee established for the district in which the member resides or the district in which he proposes to use the credit, for the purpose of securing its advice as to the soundness of the investment in the case of such member.

8 All or any part of the credit established in favour of any member may be made available to him or on his behalf upon his application therefor in writing, which application shall include

• (a) an election not to take benefits under the Veterans’ Land Act or any educational, vocational or technical training benefits that are provided under the Veterans Rehabilitation Act;

• (b) full particulars of any of the said benefits applied for or already received by him;

• (c) a statement verified by his affidavit as to the purpose for which he intends to use the credit; and

• (d) such further information as the Minister may require.

9 A member who makes application under section 8 shall submit to the Minister, in addition to his application, such other information and material as the Minister may require.

10 Where the Minister makes any payment under the Act or these Regulations to a person other than a member, the person receiving payment shall furnish a receipt for such payment to the member on whose behalf the payment is made.

11 In addition to the purposes under section 11 of the Act, re-establishment credit may be made available to a member resident outside Canada, for

• (a) payment of premiums pursuant to any contract of insurance to which the member is a party under the Civil Service Insurance Act;

• (b) payment under subsection 16(2) of the Royal Canadian Mounted Police Pension Continuation Act of a deficiency in deduction from his pay as an officer of the Royal Canadian Mounted Police;

• (c) payment of contribution in respect of his service as a constable of the Royal Canadian Mounted Police under section 36, 47, 50 or 51 of the Royal Canadian Mounted Police Pension Continuation Act;

• (d) payment of contributions under section 7 of the Public Service Superannuation Act; and

• (e) payment under subsection 9(2) of the Defence Services Pension Continuation Act of a deficiency in deduction from his pay as an officer as defined in that Act.

12 In addition to the purposes under section 14 of the Act, re-establishment credit may be made available to the member for

• (a) payment of contributions under section 7 of the Canadian Forces Superannuation Act;

• (b) acquisition of a unit of living accommodation in a housing project receiving financial assistance under the National Housing Act;

• (c) payment of the purchase price or any part thereof of an annuity already purchased, being purchased, or to be purchased, on his behalf and for his benefit under any pension plan established by his employer and based upon the Government Annuities Act, except for payment of current contributions ordinarily payable from the renumeration of the member under any such pension plan;

• (d) purchase of clothing by him for his personal use or for the use of his dependants where, at the time of application, there is need for such clothing;

• (e) payment of contributions under section 7 of the Public Service Superannuation Act; and

• (f) closing his re-establishment credit account by payment to the member where the amount available is $50 or less.

• 13 (1) The Minister may allow a member, to whom has been made available all or part of his re-establishment credit, to make the compensating adjustment referred to in section 16 of the Act through deductions in such amounts and at such times as will enable such adjustment to be completed contemporaneously with termination of his training under the Veterans Rehabilitation Act, and these deductions may be made from appropriate allowances under the Veterans Rehabilitation Act which might otherwise be available to the member in full.

• (2) The method of effecting the compensating adjustment set forth in subsection (1) shall not apply to a member if, in the opinion of the Minister, training would not result in reasonable re-establishment owing to the advanced age of the member or for any other reason, but shall apply to a member who, in the opinion of the Minister, is unable to obtain suitable employment but who possesses a potential physical and mental capacity for work.

• (3) The compensating adjustment shall be considered to be either the amount of re-establishment credit made available to the member, or the anticipated costs of training, whichever is the lesser.

• (4) Where there is an amount of credit still available to the member which is greater than the anticipated costs of training, no compensating adjustment need be made.

• (5) Where due to factors or a combination of factors it would be impossible to make total compensating adjustment by deduction from training allowances within the duration of the course of training, the member shall be required to pay or provide additional compensating adjustment in such amount and manner as the Minister deems just, if the additional adjustment may be reasonably expected to effect total compensating adjustment contemporaneously with the duration of training.