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(a) to or in respect of the member's
surviving spouse or child, or to the
member's parent or any person in place of
a parent who was wholly or to a substantial
extent maintained by the member at the
time of the member's death, if paragraph
(a.2) does not apply, and if an additional
pension referred to in paragraph 21(1)(a) or
(2)(a) was at the time of death being paid in
respect of that person or that person is
awarded a pension under paragraph
21(1)(b) or (2)(b),
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(i) where a pension is awarded on a date
less than three years after the date of
death, from the day following the date of
death, or
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(ii) where a pension is awarded on a date
three years or more after the date of
death, from a date three years prior
thereto;
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(a.1) to or in respect of the member's
surviving spouse or child, or to the
member's parent or any person in place of
a parent who was wholly or to a substantial
extent maintained by the member at the
time of the member's death, if paragraph
(a.2) does not apply, and if no additional
pension referred to in paragraph 21(1)(a) or
(2)(a) was at the time of death being paid in
respect of that person or that person is
awarded a pension under section 48, from
the later of
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(i) the day on which application for the
pension was first made, and
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(ii) a day three years prior to the day on
which the pension was awarded with
respect to the death of the member;
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(a.2) to or in respect of the member's
surviving spouse or child, or to the
member's parent or any person in place of
a parent who was wholly or to a substantial
extent maintained by the member at the
time of the member's death, if that person
has received from the Canadian Forces, as
a result of the member's death while still
serving in the Canadian Forces, a payment
or payments that are in substance a
continuation of the member's pay or
benefits, from the day following the last day
of the period in respect of which the
payment or payments were received;
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(b) to a parent or person in place of a parent
who was not wholly or to a substantial
extent maintained by the member at the
time of the member's death, from a day to
be fixed in each case by the Minister; and
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(c) in respect of a posthumous child of the
member, from the date of the child's birth.
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| Date from
which
increase in
death pension
payable
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(1.1) Where a pension has been awarded
with respect to the death of a member of the
forces, an increase in that pension awarded
under section 49 shall be payable with effect
as follows:
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(a) to or in respect of the member's
surviving spouse or child, or to the
member's parent or any person in place of
a parent who was wholly or to a substantial
extent maintained by the member at the
time of the member's death, whether or not
an additional pension referred to in
paragraph 21(1)(a) or (2)(a) was at the time
of death being paid in respect of that person,
the later of
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(i) the day on which application for the
increase was first made, and
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(ii) a day three years prior to the day on
which the increase was awarded; and
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(b) to a parent or person in place of a parent
who was not wholly or to a substantial
extent maintained by the member at the
time of the member's death, from a day to
be fixed in each case by the Minister.
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| Additional
award
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(2) Notwithstanding subsections (1) and
(1.1) , where a pension is awarded with respect
to the death of a member of the forces, or an
increase to that pension is awarded, and the
Minister or, in the case of a review or an appeal
under the Veterans Review and Appeal Board
Act, the Veterans Review and Appeal Board is
of the opinion that the pension or the increase,
as the case may be, should be awarded from
a day earlier than the day prescribed by
subsection (1) or (1.1) by reason of delays in
securing service or other records or other
administrative difficulties beyond the control
of the applicant, the Minister or Veterans
Review and Appeal Board may make an
additional award to the pensioner in an
amount not exceeding an amount equal to two
years pension or two years increase in
pension, as the case may be .
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10. The heading before section 64 of the
Act is replaced by the following:
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| 1995, c. 18,
s. 70
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11. Subsection 64(1) of the Act is replaced
by the following:
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| Persons who
served in
allied forces
or merchant
navies in
World War I
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64. (1) Subject to subsection (2) and
subsections 68(1) and (3), the benefits of this
Act, in so far as those benefits or equivalent
benefits are not provided under the laws or
regulations of members of the
Commonwealth, other than Canada, or under
the laws and regulations of the several
countries allied with His Majesty,
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(a) shall be conferred on all persons
domiciled in Canada on the date of
commencement of World War I who,
subsequent to that date, served in the naval,
army or air forces or the merchant navy of
any of those members of the
Commonwealth, or in any of the forces or
the merchant navy of any of the countries
allied with His Majesty and who, while so
serving during that War, suffered disability
or death in respect of which a gratuity or
pension has been awarded under the laws or
regulations of any of those countries, or
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(b) may be conferred on all persons
domiciled in Canada on the date of
commencement of World War I who,
subsequent to that date, served in the naval,
army or air forces or the merchant navy of
any of those members of the
Commonwealth, or in any of the forces or
the merchant navy of any of the countries
allied with His Majesty and who, while so
serving during that War, suffered disability
or death
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(i) in respect of which an application for
a gratuity or pension has been made and
considered, but no gratuity or pension has
been awarded, under the laws or
regulations of any of those countries, and
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(ii) that would have been pensionable
under this Act if those persons had been
members of the forces while so serving
during that War,
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and the surviving spouses, children and other
dependants of the persons described in
paragraphs (a) and (b) on whom the benefits
of this Act are conferred are entitled to the
benefits of this Act in so far as those benefits
or equivalent benefits are not provided in
respect of them under the laws or regulations
of any of those countries.
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| 1995, c. 18,
s. 71
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12. Subsection 65(1) of the Act is replaced
by the following:
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| Persons who
served in
British forces
or merchant
navy in World
War II
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65. (1) Subject to subsection (2) and
subsections 68(1) and (3), the benefits of this
Act, in so far as those benefits or equivalent
benefits are not provided under the laws or
regulations of the United Kingdom,
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(a) shall be conferred on all persons
domiciled in Canada at any time during the
four years immediately preceding the date
of commencement of World War II who,
subsequent to September 1, 1939, served in
the naval, army or air forces or the merchant
navy of the United Kingdom and who,
while so serving during that War, suffered
disability or death in respect of which a
gratuity or pension has been awarded under
the laws or regulations of the United
Kingdom, or
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(b) may be conferred on all persons
domiciled in Canada at any time during the
four years immediately preceding the date
of commencement of World War II who,
subsequent to September 1, 1939, served in
the naval, army or air forces or the merchant
navy of the United Kingdom and who,
while so serving during that War, suffered
disability or death
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(i) in respect of which an application for
a gratuity or pension has been made and
considered, but no gratuity or pension has
been awarded, under the laws or
regulations of the United Kingdom, and
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(ii) that would have been pensionable
under this Act if those persons had been
members of the forces while so serving
during that War,
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and the surviving spouses, children and other
dependants of the persons described in
paragraphs (a) and (b) on whom the benefits
of this Act are conferred are entitled to the
benefits of this Act in so far as those benefits
or equivalent benefits are not provided in
respect of them under the laws or regulations
of the United Kingdom.
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| 1995, c. 18,
s. 72
|
13. Subsection 66(1) of the Act is replaced
by the following:
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| Persons who
served in
allied forces
or merchant
navies in
World War II
|
66. (1) Subject to subsection (2) and
subsections 68(1) and (3), the benefits of this
Act, in so far as those benefits or equivalent
benefits are not provided under the laws and
regulations of members of the
Commonwealth, other than Canada and the
United Kingdom, or under the laws and
regulations of the several countries allied with
His Majesty,
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(a) shall be conferred on all persons
domiciled in Canada at the date of
commencement of World War II who,
subsequent to that date, served in the naval,
army or air forces or the merchant navy of
any of those members of the
Commonwealth, or in any of the forces or
the merchant navy of any of the countries
allied with His Majesty, and who, while so
serving during that War, suffered disability
or death in respect of which a gratuity or
pension has been awarded under the laws or
regulations of any of those countries, or
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(b) may be conferred on all persons
domiciled in Canada at the date of
commencement of World War II who,
subsequent to that date, served in the naval,
army or air forces or the merchant navy of
any of those members of the
Commonwealth, or in any of the forces or
the merchant navy of any of the countries
allied with His Majesty, and who, while so
serving during that War, suffered disability
or death
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(i) in respect of which an application for
a gratuity or pension has been made and
considered, but no gratuity or pension has
been awarded, under the laws or
regulations of any of those countries, and
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(ii) that would have been pensionable
under this Act if those persons had been
members of the forces while so serving
during that War,
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and the surviving spouses, children and other
dependants of the persons described in
paragraphs (a) and (b) on whom the benefits
of this Act are conferred are entitled to the
benefits of this Act in so far as those benefits
or equivalent benefits are not provided in
respect of them under the laws or regulations
of any of those countries.
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14. Section 68 of the Act is amended by
adding the following after subsection (2):
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Non-
Canadian
merchant
navy service
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(3) For the purposes of sections 64 to 66,
service shall be recognized as service in the
merchant navy of a country only if the service
is reasonably similar, or analogous, to a form
of service described in subsection 21.1(3) or
(4).
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| Service on
allied ship
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(4) For the purposes of sections 64 and 66,
service on board an allied ship, as defined in
subsection 37(7.1) of the War Veterans
Allowance Act, shall be recognized as service
in the merchant navy of a country allied with
His Majesty whether or not, at the time of the
service, the country in which the ship was
registered was allied with His Majesty.
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| 1992, c. 24,
s. 13(1)
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15. (1) Paragraph (a) of the definition
``civilian'' in subsection 71.1(1) of the Act is
replaced by the following:
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(a) a person described in section 9 or 16
of the Civilian War-related Benefits Act,
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| 1992, c. 24,
s. 13(2)
|
(2) Paragraph (b) of the definition
``prisoner of war of another power'' in
subsection 71.1(1) of the Act is replaced by
the following:
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(b) a merchant navy veteran of World
War I or World War II within the meaning
of subsection 37(7.3) of the War Veterans
Allowance Act who, during World War I
or World War II, as the case may be, was
a prisoner of war of any power, other than
Japan during World War II, that was
engaged in military operations against
His Majesty's forces or against any of the
countries allied with His Majesty or who
was engaged in evading capture by or in
escaping from such a power,
|
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| 1992, c. 24,
s. 13(2)
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(3) Paragraph (d) of the definition
``prisoner of war of another power'' in
subsection 71.1(1) of the Act is replaced by
the following:
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(d) a Canadian merchant navy veteran of
the Korean War within the meaning of
subsection 37(7.4) of the War Veterans
Allowance Act who, during the period
referred to in that subsection , was a
prisoner of war of any power or was
engaged in evading capture by or in
escaping from any power;
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| 1992, c. 24,
s. 13(3)
|
(4) Paragraph (c) of the definition
``prisoner of war of Japan'' in subsection
71.1(1) of the Act is replaced by the
following:
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(c) a merchant navy veteran of World
War II within the meaning of subsection
37(7.3) of the War Veterans Allowance
Act , or
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| 1990, c. 43,
s. 23; 1995, c.
18, par.
75(z.1)
|
16. Subsection 72(1) of the Act is replaced
by the following:
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| Amount of
allowance
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72. (1) In addition to any other allowance,
pension or compensation awarded under this
Act, a member of the forces who
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(i) a pension in the amount set out in
Class 1 of Schedule I, or
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(ii) a pension in a lesser amount than the
amount set out in Class 1 of Schedule I,
and compensation, where the aggregate
of that pension and compensation is
equal to or greater than a pension in the
amount set out in Class 1 of Schedule I ,
and
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(b) is suffering an exceptional incapacity
that is a consequence of or caused in whole
or in part by the disability for which the
member is receiving a pension ,
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shall be awarded an exceptional incapacity
allowance at a rate determined by the Minister
in accordance with the minimum and
maximum rates set out in Schedule III.
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17. Section 91 of the Act is amended by
striking out the word ``and'' at the end of
paragraph (b) and by adding the following
after paragraph (b):
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(b.1) shipping companies for the purposes
of subparagraph 21.1(4)(c)(iii); and
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| R.S., c. C-31;
R.S., c. 20
(3rd Supp.);
1990, c. 43;
1992, c. 24;
1995, c. 18
|
|
|
| 1992, c. 24,
s. 1
|
18. The long title of the Merchant Navy
Veteran and Civilian War-related Benefits
Act is replaced by the following:
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|
An Act respecting war pensions and
allowances for civilians
|
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| 1992, c. 24,
s. 2
|
19. Section 1 of the Act is replaced by the
following:
|
|
| Short title
|
1. This Act may be cited as the Civilian
War-related Benefits Act.
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20. Subsection 2(2) of the Act is replaced
by the following:
|
|
| References to
pension and
allowance
rates
|
(2) A reference in this Act to any rate or
rates set out in Schedule I, II or III of the
Pension Act shall be construed as a reference
to that rate or those rates as increased by virtue
of Part V of that Act.
|
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| 1992, c. 24,
s. 3
|
21. The heading ``MERCHANT NAVY
VETERANS'' before section 6 of the Act is
replaced by the following:
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