RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to amend the statute law in respect of benefits for veterans and the children of deceased veterans''.

SUMMARY

This enactment amends the Children of Deceased Veterans Education Assistance Act to re-establish the Education Assistance Program. The enactment also increases the monthly allowance payable under that program, and clarifies and extends the regulation-making authority in relation to the program.

The enactment amends the Pension Act to broaden the eligibility criteria for prisoner-of-war compensation benefits, and to increase in some cases the amounts of those benefits.

The enactment amends the War Veterans Allowance Act to clarify who qualifies as a ``Canadian veteran of World War I or World War II'' by virtue of having served in a theatre of actual war.

The enactment also makes some technical amendments.

EXPLANATORY NOTES

Children of Deceased Veterans Education Assistance Act

Clause 1: The relevant portion of the definition ``student'' in section 2 reads as follows:

``student'' means

      . . .

      (d) a child who, but for the operation of section 25, 26 or 27 of the Pension Act, would be included in paragraph (a) of this definition.

Clause 2: Section 3.1 reads as follows:

3.1 No amount shall be paid under this Act to or in respect of a student if an amount to or in respect of the student was not being paid, or was not payable, under this Act on February 27, 1995.

Clause 3: The relevant portion of subsection 4(1) reads as follows:

4. (1) The amount of the monthly allowance that may be paid to or in respect of a student during the period in which the student pursues a full-time course of study in an educational institution is the aggregate of

    (a) $125.76, and

Clause 4: New. The relevant portion of section 12 reads as follows:

12. The Governor in Council may make regulations

Clause 5: Item 1 of the schedule reads as follows:

1. Paragraphs 21(1)(b) and (e), subsection 21(2), section 33, subsection 34(6) and sections 64, 65 and 66 of the Pension Act.

Clause 6: Item 6 of the schedule reads as follows:

6. Section 5 of the Veterans Benefit Act, R.S.C. 1970, c. V-2.

Pension Act

Clause 7: The relevant portion of the definition ``special duty service'' in subsection 3(1) reads as follows:

``special duty service'' means service as a member of the Canadian Forces in a special duty area designated under section 91.2, or as a member of the Canadian Forces as part of a special duty operation designated under section 91.3, during the period in which that designation is in effect, and includes

      . . .

      (b) travel to and from the area, the operation, or the location of training referred to in paragraph (a), and

      . . .

    if that training, travel or leave occurred on a day, not earlier than September 11, 2001, that is in the period during which that designation is in effect;

Clause 8: (1) and (2) Subsection 71.2(1) reads as follows:

71.2 (1) Subject to subsection (4), a prisoner of war is entitled, on application, to basic compensation equal to,

    (a) in respect of any period spent as a prisoner of war of Japan,

      (i) 20% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 364 days, or

      (ii) 50% of basic pension, where that person was such a prisoner for periods totalling at least 365 days; and

    (b) in respect of any period spent as a prisoner of war of another power,

      (i) 10% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 545 days,

      (ii) 15% of basic pension, where that person was such a prisoner for periods totalling at least 546 days but not more than 910 days, or

      (iii) 25% of basic pension, where that person was such a prisoner for periods totalling at least 911 days.

Royal Canadian Mounted Police Superannuation Act

Clause 9: The relevant portion of subsection 32.1(2) reads as follows:

(2) For the purposes of subsection (1), ``special duty service'' means service as a member of the Force in a special duty area designated under section 32.12 or under section 91.2 of the Pension Act during the period in which that designation is in effect, or service as a member of the Force as part of a special duty operation designated under section 32.13 or under section 91.3 of the Pension Act during the period in which that designation is in effect, and includes

    . . .

    (b) travel to and from the area, the operation, or the location of training referred to in paragraph (a), and

    . . .

if that training, travel or leave occurred on a day, not earlier than September 11, 2001, that is in the period during which that designation is in effect.

War Veterans Allowance Act

Clause 10: (1) The relevant portion of subsection 37(3) reads as follows:

(3) A Canadian veteran of World War I or World War II is any former member of His Majesty's Canadian forces

    (a) who

      (i) served in a theatre of actual war during World War I or World War II,

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

Clause 11: Section 100 (not yet in force) reads as follows:

100. The Children of Deceased Veterans Education Assistance Act is repealed.