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(iii) is declared to have been eligible for,
or is awarded, a pension subsequent to
the person's death
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for an injury or disease incurred or
aggravated during service as a Canadian
merchant mariner of the Korean War within
the meaning of section 21.1 of the Pension
Act.
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(2) Subparagraph 37(8)(b)(ii) of the Act is
replaced by the following:
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(ii) as applied to the naval forces or the
merchant navy, the high seas or wherever
contact has been made with hostile forces
of the enemy, or wherever the veteran has
sustained injury or contracted disease
directly by a hostile act of the enemy; and
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(3) Subparagraph 37(8)(c)(i) of the Act is
replaced by the following:
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(i) with respect to a former member of
His Majesty's Canadian forces or a
merchant navy veteran of World War II,
any place where the person has been on
service involving duties performed
outside the Western Hemisphere,
including
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(A) service involving duties
performed outside Canada,
Newfoundland, the United States,
Saint Pierre and Miquelon and the
territorial waters thereof in aircraft,
and
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(B) service anywhere in a ship or other
vessel, which service is classed as ``sea
time'' for the purpose of advancement
of naval ratings, or which would be so
classed were the ship or other vessel in
the service of the naval forces of
Canada, and
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(4) Section 37 of the Act is amended by
adding the following after subsection (8):
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| Meaning of
``sea time''
|
(8.1) For the purposes of clause (8)(c)(i)(B),
``sea time'' for the purpose of advancement of
naval ratings includes time served in
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(b) a defensively-equipped merchant ship,
or
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(c) any ship employed in harbour, other than
a boom defence scow, gate vessel, depot
ship or harbour craft,
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as well as time served in combined operations
organizations, but does not include time
served on any ship prior to its commissioning.
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| R.S., c. P-6;
R.S., c. 16 (1st
Supp.), cc. 3,
12 (2nd
Supp.), cc. 20,
37 (3rd
Supp.); 1989,
c. 6; 1990, c.
43; 1992, c.
24; 1995, cc.
17, 18
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4. The definitions ``member of the
forces'' and ``military service'' or
``service'' in subsection 3(1) of the Pension
Act are replaced by the following:
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``member of
the forces''
« membre des
forces »
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``member of the forces'' means
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(a) a person who has served in the
Canadian Forces or in the naval, army or
air forces of Canada or Newfoundland
since the commencement of World War
I, and
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(b) a Canadian merchant mariner of
World War I, World War II or the Korean
War, as described in section 21.1;
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``military
service'' or
``service''
« service
militaire » ou
« service »
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``military service'' or ``service'' means
service as a member of the forces;
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5. The Act is amended by adding the
following after section 21:
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| Definitions
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21.1 (1) The definitions in this subsection
apply in this section.
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``Canadian
manning
pool''
« dépôt
d'équipages
canadien »
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``Canadian manning pool'' means a manning
pool of the Canadian merchant navy
established under Order in Council P.C.
14/3550 of May 19, 1941.
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``Canadian
marine
training
school''
« école
d'entraîne-
ment maritime
canadienne »
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``Canadian marine training school'' means a
school established under Order in Council
P.C. 148/9130 of November 22, 1941.
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``distressed
mariner''
« en
détresse »
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``distressed mariner'' means a distressed
mariner as defined in subsection 37(7.1) of
the War Veterans Allowance Act.
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``war service
bonus''
« indemnité
pour service
de guerre »
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``war service bonus'' means the bonus paid
under The Merchant Seamen War Service
Bonus Order, 1944, Order in Council P.C.
149/2705 of April 18, 1944, as amended.
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| Applicable
rules
|
(2) The following rules apply for the
purposes of this section:
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(a) the period of a person's service on a
voyage or trip referred to in subsection
37(7.3) of the War Veterans Allowance Act
includes
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(i) any period of duty preparatory to the
voyage or trip,
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(ii) any period of duty between the end of
the voyage or trip and the person's return
to Canada,
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(iii) any period of duty in Canada after
the end of the voyage or trip that is
consequential on the voyage or trip,
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(iv) any period of authorized leave of
absence with pay during the voyage or
trip,
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(v) any period of captivity, imprisonment
or internment by the enemy or by any
foreign power that was not allied or
associated with Canada, if that period
commenced during the voyage or trip or
occurred as a consequence of the voyage
or trip,
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(vi) any period of hospitalization
resulting from an injury or disease or an
aggravation thereof incurred during the
voyage or trip, and
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(vii) any period as a distressed mariner,
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but does not include any period after the
person's service on the voyage or trip was
terminated for cause;
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(b) the period of a person's service on a
voyage referred to in subsection (5) is the
``Korean-related part of the voyage'',
namely, the portion of the voyage during
which the ship was in waters described in
subsection (5) plus those portions of the
voyage before and after that portion that, in
the Minister's opinion, were essential to the
prosecution of the Korean War on behalf of
the United Nations, and includes
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(i) any period of authorized leave of
absence with pay during the
Korean-related part of the voyage,
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(ii) any period of captivity, imprisonment
or internment by the enemy or by any
foreign power that was not allied or
associated with Canada, if that period
commenced during the Korean-related
part of the voyage or occurred as a
consequence of the Korean-related part
of the voyage,
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(iii) any period of hospitalization
resulting from an injury or disease or an
aggravation thereof incurred during the
Korean-related part of the voyage, and
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|
(iv) any period as a distressed mariner
that commenced during the
Korean-related part of the voyage,
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but does not include any period after the
person's service on the voyage was
terminated for cause;
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(c) a distressed mariner's period as such
commences the moment the mariner was
shipwrecked, discharged or left behind
from a ship on which the mariner was
engaged, and ends with the mariner's
arrival at the mariner's proper return port
within the meaning of section 299 of the
Canada Shipping Act, 1934;
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(d) the period of a person's service as a
member of a Canadian manning pool
includes
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(i) any period of training,
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|
(ii) any period of authorized leave of
absence with pay, and
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|
|
(iii) any period of hospitalization
resulting from an injury or disease or an
aggravation thereof incurred while the
person was a member of the manning
pool,
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|
but does not include any period after the
person's service as a member of the
manning pool was terminated for cause;
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(e) the existence of a manning pool record
card for a person shall be taken as
conclusive evidence that the person was a
member of a Canadian manning pool
during the period indicated on the card;
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|
(f) evidence that the Director of Merchant
Seamen paid war service bonus to a person
in respect of any period shall be taken, in the
absence of evidence to the contrary, as
indicating that the person was a member of
a Canadian manning pool during that
period;
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|
(g) where the service of a Canadian
merchant mariner of World War II is based
on subparagraph (4)(c)(ii), the period of
service is the period in respect of which that
mariner was paid war service bonus by the
employer;
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|
(h) where the service of a Canadian
merchant mariner of World War II is based
on subparagraph (4)(c)(iii), the period of
service is the period from the beginning of
the period of service on the first voyage to
the end of the period of service on the last
voyage with the same employer, except for
any period in which that mariner was
engaged in any employment, business or
occupation not referred to in this section;
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|
(i) the period of a person's service as a
trainee at a Canadian marine training
school includes
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|
(i) any period of authorized leave of
absence with pay,
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|
(ii) any period of transportation the costs
of which were paid by the Department of
Transport under the authority of Order in
Council P.C. 148/9130 of November 22,
1941, and
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|
(iii) any period of hospitalization
resulting from an injury or disease or an
aggravation thereof incurred while the
person was a trainee,
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but does not include any period after the
person's service as a trainee was terminated
for cause;
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|
(j) where official records of a person's
service as a Canadian merchant mariner of
World War I, World War II or the Korean
War, or of injuries or disease suffered or
contracted by a person during such service,
are not available, the Minister may accept
a statutory declaration or like statement
from anyone if
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(i) information about the existence of any
registered or licensed ship on which it is
claimed that the person served is
corroborated by official records,
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|
(ii) no information in the declaration or
statement is contradicted by other
evidence, and
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(iii) after taking into consideration such
corroboration as may be available, the
Minister is satisfied, on the balance of
probabilities, that the information in the
declaration or statement is true; and
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(k) the Minister may presume death in every
case where, according to the evidence
available as to the circumstances
surrounding the disappearance of a person
whose death is in question or the loss of the
ship on which the person was serving, the
Minister is satisfied beyond a reasonable
doubt that the death has in fact occurred.
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| Canadian
merchant
mariner of
World War I
|
(3) A Canadian merchant mariner of World
War I is
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|
|
(a) any person who is a merchant navy
veteran of World War I referred to in
paragraph 37(7.3)(a), (b) or (c) of the War
Veterans Allowance Act; or
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|
(b) any person who, during World War I,
served in a Canadian manning pool, in
another merchant navy organization or in a
form of service reasonably similar, or
analogous, to one described in paragraph
(4)(b), (c) or (d).
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| Canadian
merchant
mariner of
World War II
|
(4) A Canadian merchant mariner of World
War II is
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|
|
(a) any person who is a merchant navy
veteran of World War II referred to in
paragraph 37(7.3)(a), (b) or (c) of the War
Veterans Allowance Act;
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|
|
(b) any person who, during World War II,
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|
|
(i) signed an agreement with the Director
of Merchant Seamen to join a Canadian
manning pool and to serve at sea on
foreign-going ships as directed by that
Director, or the Director's staff, for a
period of two years or for the duration of
World War II, whichever was the shorter
period, and
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(ii) served, in any capacity, in accordance
with the agreement;
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|
|
(c) any person who, during World War II,
was permanently or recurrently employed
at sea by an owner or charterer of a ship or
by Canadian Marconi Company Limited,
and who
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|
|
(i) signed an agreement to continue to
serve at sea with that employer for the
duration of the war if so required by that
employer,
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|
|
(ii) was paid war service bonus by that
employer, or
|
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|
|
(iii) made two or more voyages referred
to in paragraph 37(7.3)(a) of the War
Veterans Allowance Act on ships
operated by the same employer, if the
employer was Canadian National
Steamships, Canadian Pacific
Steamships, Imperial Oil, Park
Steamships or any other shipping
company prescribed by the regulations;
or
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|
|
(d) any trainee at a Canadian marine
training school during World War II who
signed an agreement to enter a Canadian
manning pool at the end of the school
training period.
|
|
| Canadian
merchant
mariner of the
Korean War
|
(5) A Canadian merchant mariner of the
Korean War is any person who, at any time
during the period from June 25, 1950 to July
27, 1953, served on board a Canadian ship
while it was making a voyage that entered any
of the waters, including gulfs, bays and inlets,
lying between
|
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|
|
(a) the coasts of Siberia, Korea and China,
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|
|
and
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|
|
(b) a line beginning at a point on the coast
of Siberia at longitude 135o East; thence
south to a point at latitude 38o 30' North and
longitude 135o East; thence southwesterly
to a point at latitude 30o North and
longitude 124o East; thence south to
Shokoto Sho; thence westerly to Shichisei
Seki; and thence westerly to a point on the
coast of China at latitude 23o North.
|
|
| 1990, c. 43,
s. 15; 1995, c.
18, par. 75(i)
|
6. Subsection 38(1) of the Act is replaced
by the following:
|
|
| Attendance
allowance
|
38. (1) A member of the forces who has
been awarded a pension or compensation or
both, is totally disabled, whether by reason of
military service or not, and is in need of
attendance shall, on application, in addition to
the pension or compensation, or pension and
compensation, be awarded an attendance
allowance at a rate determined by the Minister
in accordance with the minimum and
maximum rates set out in Schedule III.
|
|
|
|
7. Subsection 48(2) of the Act is replaced
by the following:
|
|
| Procedure
where
applicant dies
|
(2) Where an application for a pension or
allowance, or for an increase thereof, that was
made by a member of the forces is pending at
the time of the member's death, the
application shall, if the member is survived by
a dependant, be proceeded with and
determined in the same manner as if the
member had not died.
|
|
| 1995, c. 18,
par. 75(q)
|
8. Section 49 of the Act is replaced by the
following:
|
|
| Minister may
increase
disability
assessment of
deceased
member
|
49. (1) The Minister may, on application by
a dependant of a deceased member of the
forces who, at the time of death, was in receipt
of a pension paid at a rate set out in one of
classes twelve to twenty-one of Schedule I,
determine whether at the time of death the
member's pension should have been paid at a
higher rate under Schedule I.
|
|
| Pension of
deceased
member
deemed
increased
|
(2) Where it is determined that the pension
of a deceased member of the forces described
in subsection (1) should at the time of death
have been paid at a higher rate under Schedule
I, that member shall, for the purposes of
subsections 34(6) and (7) and 45(2) and (3), be
deemed to have been at the time of death in
receipt of a pension paid at that higher rate.
|
|
| Dependants'
pensions
|
(3) Except as provided by subsections
48(2), (4) and (5) and section 50, no increase
in a dependant's pension may be awarded
except in accordance with this section.
|
|
| 1995, c. 18,
s. 69, par.
75(w)
|
9. Section 56 of the Act is replaced by the
following:
|
|
| Date from
which death
pension
payable
|
56. (1) Pensions awarded with respect to the
death of a member of the forces shall be
payable with effect as follows:
|
|