1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-453

An Act to regulate the issue of ceremonial statements of service and recognition of duty

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Issue of Ceremonial Statements of Service Act.

DEFINITIONS

Definitions

2. The definitions in this section apply in this Act.

``ceremo-
nial statement of service''
« attestation honoraire d'état de service »

``ceremonial statement of service'' means a ceremonial statement of service issued by the Minister under section 4.

``common law spouse''
« conjoint de fait »

``common law spouse'' means a person who has cohabited with another person in a conjugal relationship for at least one year.

``Minister''
« ministre »

``Minister'' means the Minister of Veterans Affairs.

``veteran''
« ancien combattant »

``veteran'' means

    (a) a veteran within the meaning of section 2 of the War Veterans Allowance Act;

    (b) any person to whom the Pension Act applies under section 4 of the Special Duty Area Pension Order made under Appropriation Act No. 10, 1964 (R.R.C., c. 350);

    (c) a merchant navy veteran within the meaning of the Merchant Navy Veteran and Civilian War-related Benefits Act; or

    (d) a Civilian Member of Overseas Air Crew within the meaning of the Merchant Navy Veteran and Civilian War-related Benefits Act.

APPLICATION

Application

3. (1) A person who believes that he or she helped Canada in a significant way in a war or armed conflict in which Canada took part or a veteran may make application to the Minister for a ceremonial statement of service.

Application where person deceased

(2) Where a spouse, common law spouse or descendent of a deceased person believes that the deceased person helped Canada in a significant way in a war or armed conflict in which Canada took part or was a veteran, the spouse, common law spouse or descendent may make application to the Minister for the ceremonial statement of service referred to in subsection (1) respecting the deceased person.

Form

(3) An application for a ceremonial statement of service shall be made on a form provided or approved by the Minister.

Content of an application by a veteran

(4) An application made by a veteran under section 3 shall include

    (a) the applicant's name and address;

    (b) a statement that the applicant is a veteran;

    (c) a description of the nature of the services rendered by the applicant as a veteran, the name of the place where the services were rendered and the period during which the services were rendered; and

    (d) any documentation that, in the applicant's opinion, could facilitate verification of the information referred to in paragraphs (a) to (c).

Content of an application respecting a deceased person who was a veteran

(5) An application respecting a deceased person who was a veteran shall include

    (a) the name of the deceased person;

    (b) the name and address of the applicant and the applicant's relationship to the deceased person;

    (c) a statement that the deceased person was a veteran;

    (d) a description of the nature of the services rendered by the deceased veteran, the name of the place where the services were rendered and the period during which the services were rendered; and

    (e) any documentation that, in the applicant's opinion, could facilitate verification of the information referred to in paragraphs (a) to (d).

Content of an application by a person who is not a veteran

(6) The application of a person who is not a veteran shall include

    (a) the applicant's name and address;

    (b) a description of the nature of the services rendered by the applicant and the circumstances in which they were rendered, the name of the place where the services were rendered and the period during which the services were rendered; and

    (c) any documentation that, in the applicant's opinion, could facilitate the verification of the information referred to in paragraphs (a) and (b).

Content of an application respecting a deceased person who was not a veteran

(7) An application respecting a deceased person who was not a veteran shall include

    (a) the name of the deceased person;

    (b) the name and address of the applicant and the applicant's relationship to the deceased person;

    (c) a description of the nature of the services rendered by the deceased person and the circumstances in which they were rendered, the name of the place where the services were rendered and the period during which the services were rendered; and

    (d) any documentation that, in the applicant's opinion, could facilitate verification of the information referred to in paragraphs (a) to (c).

Issue of a ceremonial statement of service

4. (1) Subject to subsections (3) and (4), after receiving an application from a veteran or an application respecting a deceased person who was a veteran, the Minister shall cause a ceremonial statement of service to be issued to the applicant, where the Minister is satisfied that the information obtained under section 3 is true.

Issue of a ceremonial statement of service

(2) Subject to subsections (3) to (5), after receiving an application from a person who was not a veteran or an application respecting a person who was not a veteran, the Minister shall cause a ceremonial statement of service to be issued to the applicant where the Minister is satisfied that

    (a) the information obtained under subsection 3(5) is true; and

    (b) the applicant or, as the case may be, the deceased person helped Canada in a significant way in a war or armed conflict in which Canada took part.

Request for details

(3) The Minister may request additional information from the applicant where the Minister is satisfied that additional information would be useful in determining whether the information obtained under section 3 is true.

(4) Subject to subsection (5), the Minister, in determining whether the information obtained under section 3 is true, shall give the applicant the benefit of the doubt.

Discretion

(5) For the purposes of paragraph (2)(b), the Minister may, in his or her discretion, decide whether the applicant or, as the case may be, the deceased person helped Canada in a significant way in a war or armed conflict in which Canada took part.

REGULATIONS

Regulations

5. The Minister may make regulations

    (a) prescribing the form of applications for a ceremonial statement of service; and

    (b) establishing the form and contents of a ceremonial statement of service.

Prerogative not affected

6. Nothing in this Act limits the right of the Governor General to exercise all powers and authorities of Her Majesty in respect of honorary decorations.

Of no legal effect

7. The issue of a ceremonial statement of service under this Act shall not entitle the applicant, his heirs or descendants to receive any compensation, benefit or damages for the services described in the application under section 3 or in the ceremonial statement of service.

Not a statement of service

8. A ceremonial statement of service shall not constitute a statement of service for the purposes of paragraph 419(c) or (d) of the Criminal Code.