This enactment amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to provide that the death benefit be payable to a designated family member if there are no survivors or dependent children at the time of a member’s death.

2005, c. 21

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

57 (1) The Minister may, on application Insertion start and Insertion end in accord-ance with section 59, pay a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child Insertion start or, if there is no survivor and no such dependent child, to a designated family member, Insertion end if

Eligibility — injury or disease aggravated by service

(2) The Minister may, on application Insertion start and Insertion end in accordance with section 59, pay a death benefit to a member’s survivor or a person who was, at the time of the member’s death, a dependent child Insertion start or, if there is no survivor and no such dependent child, to a designated family member, Insertion end if

Designated family member

(2) If there is no survivor and no person who was, at the time of a member’s death, a dependent child, the death benefit is payable to the family member designated by the member.

Division of benefit — designated family member

(3) If there is more than one designated family member, each designated family member is entitled to the amount obtained by dividing the death benefit by the number of designated family members.

Regulations

(4) For the purposes of subsection (2), the Governor in Council may make regulations

• (a) defining the expression “family member”; and

• (b) prescribing the form and manner in which the designation must be made.

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