2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-41

An Act to amend the statute law in relation to veterans' benefits

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

R.S., c. C-31; 1999, c. 10, s. 19

CIVILIAN WAR-RELATED BENEFITS ACT

1. The Civilian War-related Benefits Act is amended by adding the following after section 2:

Persons considered to be members of certain groups

2.1 A person who served in a theatre of actual war, within the meaning of paragraph 37(8)(b) or (c) of the War Veterans Allowance Act, with a group or organization mentioned in Part II.1, III, VII.1 or X or paragraph (e), (f), (h) or (i) of the definition ``civilian'' in subsection 56(1) in an auxiliary, reserve, junior, support or ground crew capacity, whether or not the person was enrolled as a member of that group or organization, shall, for the purposes of that Part or paragraph, be considered to have been a member of that group or organization if the person functioned closely with, or functioned alongside, that group or organization under conditions of service that were substantially similar to wartime conditions of service of a member of the forces.

1995, c. 18, par. 85(a)

2. Section 4 of the Act is repealed.

1999, c. 10, s. 28

3. The heading before section 17 and sections 17 and 18 of the Act are replaced by the following:

Supervisors and Helpers

Application of Pension Act

17. The Pension Act applies to and in respect of supervisors and helpers as though their service as such during the War had been service as a member of the forces within the meaning of that Act.

4. The Act is amended by adding the following after section 19:

PART II.1

NEWFOUNDLAND OVERSEAS FORESTRY UNIT

Application of Pension Act

19.1 The Pension Act applies to and in respect of members of the Newfoundland Overseas Forestry Unit as though their service as such during the War had been service as a member of the forces within the meaning of that Act.

1999, c. 10, s. 28

5. Section 20 of the Act is replaced by the following:

Application of Pension Act

20. The Pension Act applies to and in respect of members of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom as though their service as such during the War had been service as a member of the forces within the meaning of that Act.

6. The Act is amended by adding the following after section 42:

PART VII.1

VOLUNTARY AID DETACHMENT (WORLD WAR I)

Application of Pension Act

42.1 (1) The Pension Act applies to and in respect of Canadian members of the Voluntary Aid Detachment of the British Red Cross during World War I as though their service as such had been service as a member of the forces within the meaning of that Act.

Meaning of ``Canadian member''

(2) For the purposes of subsection (1), a person was a Canadian member if, at the commencement of the person's service as a member, the person was

    (a) a Canadian citizen;

    (b) a Canadian national as defined in section 2 of the Canadian Nationals Act, chapter 21 of the Revised Statutes of Canada, 1927; or

    (c) a British subject domiciled in Newfoundland.

7. The heading ``VOLUNTARY AID DETACHMENT'' before section 43 of the Act is replaced by the following:

VOLUNTARY AID DETACHMENT (WORLD WAR II)

1999, c. 10, s. 33

8. Part IX of the Act is replaced by the following:

PART IX

OVERSEAS WELFARE WORKERS (WORLD WAR II AND KOREAN WAR)

Definitions

48. The definitions in this section apply in this Part.

``Korean War''
« guerre de Corée »

``Korean War'' means the military operations undertaken by the United Nations to restore peace in the Republic of Korea, and the period denoted by the term ``Korean War'' is the period from June 25, 1950 to July 27, 1953, inclusive.

``overseas welfare worker''
« préposé d'assistance sociale outremer »

``overseas welfare worker '' means a person who, under the auspices of the Canadian Red Cross Society or the St. John Ambulance Brigade of Canada,

      (a) served outside Canada during the War as a welfare worker, nursing aid, ambulance or transport driver or member of the Overseas Headquarters Staff or in any other capacity, including orthopaedic nurses selected by, and orthopaedic surgeons enrolled by, the Canadian Red Cross Society for service overseas with the Scottish Ministry of Health; or

      (b) served outside Canada in the Korean War in a capacity similar to one referred to in paragraph (a).

Application of Pension Act

49. The Pension Act applies to and in respect of overseas welfare workers as though their service as such had been service as a member of the forces within the meaning of that Act.

1995, c. 18, par. 85(k); 1999, c. 10, s. 34

9. Part X of the Act is replaced by the following:

PART X

FERRY COMMAND

Definition of ``civilian member of Ferry Command''

52. In this Part, ``civilian member of Ferry Command '' means a person, other than a member of the forces, who

    (a) was employed during the War by the Air Ministry of the United Kingdom;

    (b) was domiciled in Canada or Newfoundland at the commencement of that employment; and

    (c) served during the War as air crew with Number 45 Wing of the Royal Air Force Transport Command, Number 45 Group of the Royal Air Force Ferry Command or the Atlantic Ferrying Organization on a flight ferrying the aircraft being flown

      (i) between Canada and a place other than Canada or Newfoundland,

      (ii) between Newfoundland and a place other than Canada or Newfoundland, or

      (iii) within Canada or Newfoundland, or between Canada and Newfoundland, if the flight, in the Minister's opinion, was essential to the prosecution of the War on behalf of His Majesty or His Majesty's allies.

Application of Pension Act

53. The Pension Act applies to and in respect of civilian members of Ferry Command as though their service as such had been service as a member of the forces within the meaning of that Act.

10. (1) Paragraphs (e) to (i) of the definition ``civilian'' in subsection 56(1) of the Act are replaced by the following:

      (e) a person who was a member of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act ,

      (f) a person who was a Canadian member, within the meaning of section 42.1, of the Voluntary Aid Detachment of the British Red Cross during World War I and served during World War I in a theatre of actual war within the meaning of paragraph 37(8)(b) of the War Veterans Allowance Act ,

      (g) a person who

        (i) was an overseas welfare worker within the meaning of paragraph (a) of the definition ``overseas welfare worker'' in section 48 and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act, or

        (ii) was an overseas welfare worker within the meaning of paragraph (b) of the definition ``overseas welfare worker'' in section 48,

      (h) a person who was a civilian member of Ferry Command within the meaning of section 52 and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act ,

      (i) a person who was a member of the Newfoundland Overseas Forestry Unit and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act , and

(2) Paragraph 56(2)(c) of the Act is replaced by the following:

    (c) the United Nations military operations in Korea shall be deemed to have commenced on June 25 , 1950 and to have terminated on July 27, 1953.

R.S., c. V-1

DEPARTMENT OF VETERANS AFFAIRS ACT

Amendments

11. Paragraph 4(a) of the Department of Veterans Affairs Act is replaced by the following:

    (a) the administration of such Acts of Parliament, and of such orders of the Governor in Council, as are not by law assigned to any other department of the Government of Canada or any Minister thereof, relating to

      (i) the care, treatment or re-establishment in civil life of any person who served in the Canadian Forces or merchant navy or in the naval, army or air forces or merchant navies of Her Majesty, of any person who has otherwise engaged in pursuits relating to war, and of any other person designated by the Governor in Council, and

      (ii) the care of the dependants or survivors of any person referred to in subparagraph (i) ; and

12. The Act is amended by adding the following after section 4:

Gifts and bequests

4.1 The Minister may accept and administer any property and moneys that are conveyed to the Minister for the benefit of a class or subclass of persons referred to in subparagraph 4(a)(i) or (ii), on such terms and conditions as are set out in the conveyance or, if none are set out, on such terms and conditions as the Minister deems reasonable.

13. (1) Subsection 5(1) of the Act is renumbered as section 5.

(2) The portion of section 5 of the Act before paragraph (d) is replaced by the following:

Regulations

5. The Governor in Council may make regulations

    (a) specifying the persons or classes of persons, from within those referred to in subparagraphs 4(a)(i) and (ii), who are entitled to any or all of the care, treatment or other benefits authorized by regulations made under this section, and respecting the circumstances in which a person may receive any such care, treatment or other benefit;

    (b) for the control and management of any hospital, home or other institution used by Her Majesty for the care or treatment of persons referred to in subparagraph 4(a)(i) or (ii), including regulations setting out the grounds on which the Minister may discharge a person from such a hospital, home or other institution;

    (c) respecting

      (i) with respect to any hospital, home or institution described in paragraph (b), the care or treatment to be provided, and

      (ii) with respect to any hospital, home or institution other than one described in paragraph (b), the care or treatment that the Minister will pay for in whole or in part, the circumstances in which the Minister will pay in whole or in part, and the circumstances in which the Minister may cease to pay in whole or in part;

    (c.1) respecting

      (i) the circumstances in which a person is required to make payments in respect of all or part of the cost of accommodation and meals in a hospital, home or institution, whether or not it is one described in paragraph (b),

      (ii) the calculation of the payments referred to in subparagraph (i), and

      (iii) the method and arrangement for making the payments referred to in subparagraph (i);

(3) Paragraph 5(e) of the Act is replaced by the following:

    (e) respecting payments, grants or allowances to be made to persons and their dependants and survivors whenever such persons are receiving or have received care, treatment or other benefits under

      (i) regulations made under this section, or

      (ii) any other enactment that incorporates by reference regulations made under this section;

    (e.1) respecting occasional financial assistance to be given to persons and their dependants and survivors to meet emergencies or unexpected financial contingencies or to relieve financial distress;

(4) Subparagraphs 5(f)(i) and (ii) of the Act are replaced by the following:

      (i) the care, treatment and other benefits for persons who have served in the naval, army or air forces or merchant navy of any such government,

      (ii) the issue of payments, grants or allowances to the persons mentioned in subparagraph (i) and their dependents and survivors ,

1990, c. 43, s. 1(3)

(5) Paragraph 5(g) of the Act is replaced by the following:

    (g) for furnishing persons with the following benefits :

      (i) free transportation in Canada, in the case of a person pensioned for total blindness or for a disability necessitating an escort when travelling, and

      (ii) the treatment of persons classified as wholly incurable, or chronically recurrent cases needing institutional care;

1999, c. 10, s. 37

(6) The portion of paragraph 5(g.1) of the Act before subparagraph (iv) is replaced by the following:

    (g.1) for providing, maintaining and replacing gravemarkers and for providing financial assistance towards the expenses of last sickness, funeral, burial and cremation, in respect of a person , in cases where

      (i) the death of the 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 person was, at the time of death, in receipt of care or treatment in respect of a disability described in subparagraph (i),