BILL C-61 - As passed by the House of Commons

	CANADIAN SALT WATER FISHERS
1992, c. 24, s. 3	22. Sections 6 and 7 of the Act are replaced by the following:
Definitions	6. The definitions in this section apply in this Part.
``Canadian salt water fisher'' « pêcheur canadien en eau salée »	``Canadian salt water fisher'' means a British subject who served on a ship engaged in the salt water fishing industry of Canada or Newfoundland.
``enemy action or counteraction against the enemy'' « opération de l'ennemi ou contre- opération »	``enemy action or counteraction against the enemy'' includes marine hazards occasioned by the War and encountered by a ship engaged in the salt water fishing industry of Canada or Newfoundland, when it was employed on a voyage that in the opinion of the Minister was essential to the prosecution of the War on behalf of His Majesty or His Majesty's allies.
Canada Shipping Act to apply	7. For the purposes of this Part, the status of a vessel and of the members of its crew, and the class of voyage in which a vessel was engaged, shall be determined according to the Canada Shipping Act, 1934 and regulations made thereunder, as that Act and those regulations read at the relevant time.
1992, c. 24, s. 4; 1995, c. 18, s. 80(1)	23. The portion of section 8 of the Act before paragraph (b) is replaced by the following:
Evidence	8. For the purposes of this Part, where official records of a person's service, or of injuries or disease suffered or contracted by a person during service, are not available, the Minister may accept a statutory declaration or like statement from anyone if
	(a) information about the existence of any registered or licensed ship on which the person claims to have served is corroborated by official records;


1992, c. 24, s. 4	24. Section 9 of the Act and the heading before it are replaced by the following:
	Pensions and Allowances for Disability and Death
Pensions and allowances	9. Subject to this Part, a pension, attendance allowance, clothing allowance and exceptional incapacity allowance in accordance with the rates set out in Schedules I, II and III to the Pension Act may be awarded to or in respect of any person, other than a pensioner within the meaning of that Act, who, during the War and as a direct result of enemy action or counteraction against the enemy, suffered or contracted injury or disease or aggravation thereof resulting in disability or death, while that person was a Canadian salt water fisher.
Compensa- tion otherwise payable	9.1 No pension shall be awarded under this Part in respect of any disability or death for which compensation is payable under the Merchant Seamen Compensation Act or the Government Employees Compensation Act or any workers' compensation or similar laws unless evidence satisfactory to the Minister is provided that a claim for that compensation has not been made and unless the person entitled to that compensation submits to the Minister a waiver, in a form approved by the Minister, of all claims for that compensation in respect of disability or death.
1992, c. 24, s. 5; 1995, c. 18, par. 85(b)	25. Section 11 of the Act is repealed.
1992, c. 24, s. 6	26. Section 15 of the Act is repealed.
1992, c. 24, s. 6; 1995, c. 18, par. 85(c), (d)	27. Part I.1 of the Act is repealed.
	28. Sections 17 to 20 of the Act are replaced by the following:
Rates of pensions and allowances to supervisors	17. In respect of their service as supervisors rendered between the time of embarkation for service outside Canada and the termination of that service by the appropriate naval, army or air force authorities, 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 supervisors who suffered injury or disease or aggravation thereof resulting in disability or death attributable to or incurred during that service.
	Helpers
Rates of pensions and allowances to helpers	18. In respect of their service as helpers rendered between the time of embarkation for service outside Canada and the termination of that service by the appropriate naval, army or air force authorities, 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 helpers who suffered injury or disease or aggravation thereof resulting in disability or death attributable to or incurred during that service.
	Overseas Headquarters Staff
Rates of pensions and allowances to members of Overseas Headquarters staff	19. 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 members of the Overseas Headquarters staff who, during their service as such and as a direct result of enemy action or counteraction against the enemy during the War, suffered injury or disease or aggravation thereof resulting in disability or death.
	PART III
	CORPS OF (CIVILIAN) CANADIAN FIRE FIGHTERS FOR SERVICE IN THE UNITED KINGDOM
Rates of pensions and allowances to Fire Fighters	20. 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 members of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom who suffered injury or disease or aggravation thereof resulting in disability or death attributable to or incurred during their service as members of the said Corps in accordance with the Pension Act.
	29. Section 31 of the Act and the heading before it are replaced by the following:
	Pensions and Allowances for Disability and Death
Rates applicable	31. 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.
	30. The portion of section 41 of the Act before paragraph (a) is replaced by the following:
Rates of pensions and allowances	41. 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
	31. The portion of section 42 of the Act before paragraph (a) is replaced by the following:
Rates of pensions and allowances	42. 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
	32. Section 44 of the Act is replaced by the following:
Rates of pensions and allowances	44. 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.
	33. Section 49 of the Act is replaced by the following:
Rates of pensions and allowances	49. 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 to or in respect of Overseas Welfare Workers who, during service, suffered injury or disease or aggravation thereof resulting in disability or death when the injury or disease or aggravation thereof resulting in disability or death was a direct result of enemy action or counteraction against the enemy.
1995, c. 18, par. 85(j)	34. Section 53 of the Act is replaced by the following:
Rates of pensions and allowances	53. Where a Civilian Member of Overseas Air Crew, during service and as a direct result of enemy action or counteraction against the enemy, incurred an injury or disease or aggravation thereof resulting in serious disability or death and is in necessitous circumstances, or, in the case of death, a surviving spouse, child or children are in necessitous circumstances, or, there being no surviving spouse or children, a dependent parent or parents are in necessitous circumstances, the Minister may in the Minister's discretion award such pension and allowances, not exceeding the rates payable under Schedules I, II and III of the Pension Act, as the Minister may from time to time deem to be adequate.
	35. (1) Paragraph (c) of the definition ``civilian'' in subsection 56(1) of the Act is repealed.
1992, c. 24, s. 7(1)	(2) Paragraph (j) of the definition ``civilian'' in subsection 56(1) of the Act and the portion of that definition after paragraph (j) are replaced by the following:
	(j) a person who is in receipt of a pension under Parts I to X or is declared to have been eligible for, or awarded, such a pension subsequent to the person's death;
1992, c. 24, s. 7(2)	(3) The definition ``merchant navy veteran'' in subsection 56(1) of the Act is repealed.
	(4) Subsection 56(3) of the Act is replaced by the following:
Calculation of service	(3) In calculating the period that a person served at sea for the purpose of paragraph (a) or (b) of the definition ``civilian'' in subsection (1), time spent by the person as a prisoner of war or as an internee shall be considered as service at sea, subject to subsection (3.1).
Calculation of service	(3.1) In calculating the period that a person served at sea for the purpose of paragraph (a) or (b) of the definition ``civilian'' in subsection (1), time during which the person was less than fourteen years of age shall be excluded.
	(5) The Minister may, on the coming into force of this subsection, cease to pay an allowance referred to in subsection 57(1) of the Merchant Navy Veteran and Civilian War-related Benefits Act to or in respect of any civilian who would not have been entitled to receive the allowance had subsection 56(3.1) of that Act, as enacted by subsection (4), been in force when the allowance became payable.
	(6) Section 56 of the Act is amended by adding the following after subsection (4):
Application of certain provisions	(5) Sections 7, 8 and 10 apply for the purposes of the provisions of this Part relating to persons who are civilians by virtue of paragraph (a), (b) or (d) of the definition ``civilian'' in subsection (1).
1992, c. 24, s. 8	36. Subsection 57(1) of the Act is replaced by the following:
Allowances authorized	57. (1) Subject to subsection (2),
	(a) an allowance is payable to and in respect of a civilian and persons who, in relation to a civilian, would be entitled to an allowance under the War Veterans Allowance Act if the civilian were a veteran within the meaning of that Act, in the same manner and to the same extent as if the civilian were a veteran to whom that Act applies; and
	(b) the War Veterans Allowance Act and everything done or permitted or required to be done thereunder in respect of veterans applies, with such modifications as the circumstances require, to and in respect of and for the purposes of determining all matters pertaining to an allowance payable under the authority of this section to and in respect of the civilian and those persons.
R.S., c. V-1; 1990, c. 43; 1992, cc. 1, 24; 1995, c. 18	DEPARTMENT OF VETERANS AFFAIRS ACT
1990, c. 43, s. 1(4)	*37. Paragraph 5(1)(g.1) of the Department of Veterans Affairs Act* is replaced by the following:**
	(g.1) subject to such appropriations as Parliament may provide, for providing, maintaining and replacing gravemarkers and for providing financial assistance towards the expenses of last sickness, funeral, burial and cremation, in respect of such former members of the Canadian Forces, such former members of the naval, army or air forces of Her Majesty or any of Her Majesty's allies, such former merchant navy personnel and such persons who have otherwise engaged in pursuits relating to war, as are eligible under the regulations, in cases where
	(i) the death of the eligible person was caused wholly or in part by a disability in respect of which an award was payable under the Pension Act or under any enactment incorporating that Act by reference,
	(ii) the eligible person was, at the time of death, in receipt of care or treatment in respect of a disability described in subparagraph (i),
	(iii) there are insufficient funds, as determined under the regulations, for the eligible person's funeral, burial or cremation, or
	(iv) another department or agency of the Government of Canada, or the government of another country, requests the Department to provide any gravemarker, service or assistance referred to in this paragraph and agrees in writing to reimburse the Department for the cost;
	(g.2) for determining what constitutes insufficient funds for the purposes of subparagraph (g.1)(iii);
	(g.3) respecting
	(i) procedures and terms and conditions relating to the provision of any gravemarker, service or assistance referred to in paragraph (g.1), and
	(ii) the recovery or remission of any overpayment;
	(g.4) establishing standards relating to any gravemarker, service or assistance referred to in paragraph (g.1);
	(g.5) authorizing the Minister to establish, subject to any regulation made under paragraph (g.4), standards relating to any gravemarker, service or assistance referred to in paragraph (g.1);
	(g.6) providing for the Minister to enter into agreements with any body under which that body undertakes to administer the provision of any or all gravemarkers, services or assistance referred to in paragraph (g.1);
	(g.7) respecting matters that must be included in agreements referred to in paragraph (g.6);