|
|
|
|
|
|
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''.
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
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.
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
(i) served in a theatre of actual war during World War I or World
War II,
|
|
|
|
|
|
|
|
Clause 11: Section 100 (not yet in force) reads as
follows:
|
|
|
|
100. The Children of Deceased Veterans Education Assistance Act
is repealed.
|
|