Bill C-61

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	(a) to or in respect of the member's surviving spouse or child, or to the member's parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member's death, if paragraph (a.2) does not apply, and if an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person or that person is awarded a pension under paragraph 21(1)(b) or (2)(b),
	(i) where a pension is awarded on a date less than three years after the date of death, from the day following the date of death, or
	(ii) where a pension is awarded on a date three years or more after the date of death, from a date three years prior thereto;
	(a.1) to or in respect of the member's surviving spouse or child, or to the member's parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member's death, if paragraph (a.2) does not apply, and if no additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person or that person is awarded a pension under section 48, from the later of
	(i) the day on which application for the pension was first made, and
	(ii) a day three years prior to the day on which the pension was awarded with respect to the death of the member;
	(a.2) to or in respect of the member's surviving spouse or child, or to the member's parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member's death, if that person has received from the Canadian Forces, as a result of the member's death while still serving in the Canadian Forces, a payment or payments that are in substance a continuation of the member's pay or benefits, from the day following the last day of the period in respect of which the payment or payments were received;
	(b) to a parent or person in place of a parent who was not wholly or to a substantial extent maintained by the member at the time of the member's death, from a day to be fixed in each case by the Minister; and
	(c) in respect of a posthumous child of the member, from the date of the child's birth.
Date from which increase in death pension payable	(1.1) Where a pension has been awarded with respect to the death of a member of the forces, an increase in that pension awarded under section 49 shall be payable with effect as follows:
	(a) to or in respect of the member's surviving spouse or child, or to the member's parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member's death, whether or not an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person, the later of
	(i) the day on which application for the increase was first made, and
	(ii) a day three years prior to the day on which the increase was awarded; and
	(b) to a parent or person in place of a parent who was not wholly or to a substantial extent maintained by the member at the time of the member's death, from a day to be fixed in each case by the Minister.
Additional award	(2) Notwithstanding subsections (1) and (1.1) , where a pension is awarded with respect to the death of a member of the forces, or an increase to that pension is awarded, and the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act, the Veterans Review and Appeal Board is of the opinion that the pension or the increase, as the case may be, should be awarded from a day earlier than the day prescribed by subsection (1) or (1.1) by reason of delays in securing service or other records or other administrative difficulties beyond the control of the applicant, the Minister or Veterans Review and Appeal Board may make an additional award to the pensioner in an amount not exceeding an amount equal to two years pension or two years increase in pension, as the case may be .
	10. The heading before section 64 of the Act is replaced by the following:
	Supplementary Pensions in Respect of Members of Allied Forces and Merchant Navies
1995, c. 18, s. 70	11. Subsection 64(1) of the Act is replaced by the following:
Persons who served in allied forces or merchant navies in World War I	64. (1) Subject to subsection (2) and subsections 68(1) and (3), the benefits of this Act, in so far as those benefits or equivalent benefits are not provided under the laws or regulations of members of the Commonwealth, other than Canada, or under the laws and regulations of the several countries allied with His Majesty,
	(a) shall be conferred on all persons domiciled in Canada on the date of commencement of World War I who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty and who, while so serving during that War, suffered disability or death in respect of which a gratuity or pension has been awarded under the laws or regulations of any of those countries, or
	(b) may be conferred on all persons domiciled in Canada on the date of commencement of World War I who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty and who, while so serving during that War, suffered disability or death
	(i) in respect of which an application for a gratuity or pension has been made and considered, but no gratuity or pension has been awarded, under the laws or regulations of any of those countries, and
	(ii) that would have been pensionable under this Act if those persons had been members of the forces while so serving during that War,
	and the surviving spouses, children and other dependants of the persons described in paragraphs (a) and (b) on whom the benefits of this Act are conferred are entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided in respect of them under the laws or regulations of any of those countries.
1995, c. 18, s. 71	12. Subsection 65(1) of the Act is replaced by the following:
Persons who served in British forces or merchant navy in World War II	65. (1) Subject to subsection (2) and subsections 68(1) and (3), the benefits of this Act, in so far as those benefits or equivalent benefits are not provided under the laws or regulations of the United Kingdom,
	(a) shall be conferred on all persons domiciled in Canada at any time during the four years immediately preceding the date of commencement of World War II who, subsequent to September 1, 1939, served in the naval, army or air forces or the merchant navy of the United Kingdom and who, while so serving during that War, suffered disability or death in respect of which a gratuity or pension has been awarded under the laws or regulations of the United Kingdom, or
	(b) may be conferred on all persons domiciled in Canada at any time during the four years immediately preceding the date of commencement of World War II who, subsequent to September 1, 1939, served in the naval, army or air forces or the merchant navy of the United Kingdom and who, while so serving during that War, suffered disability or death
	(i) in respect of which an application for a gratuity or pension has been made and considered, but no gratuity or pension has been awarded, under the laws or regulations of the United Kingdom, and
	(ii) that would have been pensionable under this Act if those persons had been members of the forces while so serving during that War,
	and the surviving spouses, children and other dependants of the persons described in paragraphs (a) and (b) on whom the benefits of this Act are conferred are entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided in respect of them under the laws or regulations of the United Kingdom.
1995, c. 18, s. 72	13. Subsection 66(1) of the Act is replaced by the following:
Persons who served in allied forces or merchant navies in World War II	66. (1) Subject to subsection (2) and subsections 68(1) and (3), the benefits of this Act, in so far as those benefits or equivalent benefits are not provided under the laws and regulations of members of the Commonwealth, other than Canada and the United Kingdom, or under the laws and regulations of the several countries allied with His Majesty,
	(a) shall be conferred on all persons domiciled in Canada at the date of commencement of World War II who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty, and who, while so serving during that War, suffered disability or death in respect of which a gratuity or pension has been awarded under the laws or regulations of any of those countries, or
	(b) may be conferred on all persons domiciled in Canada at the date of commencement of World War II who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty, and who, while so serving during that War, suffered disability or death
	(i) in respect of which an application for a gratuity or pension has been made and considered, but no gratuity or pension has been awarded, under the laws or regulations of any of those countries, and
	(ii) that would have been pensionable under this Act if those persons had been members of the forces while so serving during that War,
	and the surviving spouses, children and other dependants of the persons described in paragraphs (a) and (b) on whom the benefits of this Act are conferred are entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided in respect of them under the laws or regulations of any of those countries.
	14. Section 68 of the Act is amended by adding the following after subsection (2):
Non- Canadian merchant navy service	(3) For the purposes of sections 64 to 66, service shall be recognized as service in the merchant navy of a country only if the service is reasonably similar, or analogous, to a form of service described in subsection 21.1(3) or (4).
Service on allied ship	(4) For the purposes of sections 64 and 66, service on board an allied ship, as defined in subsection 37(7.1) of the War Veterans Allowance Act, shall be recognized as service in the merchant navy of a country allied with His Majesty whether or not, at the time of the service, the country in which the ship was registered was allied with His Majesty.
1992, c. 24, s. 13(1)	15. (1) Paragraph (a) of the definition ``civilian'' in subsection 71.1(1) of the Act is replaced by the following:
	(a) a person described in section 9 or 16 of the Civilian War-related Benefits Act,
1992, c. 24, s. 13(2)	(2) Paragraph (b) of the definition ``prisoner of war of another power'' in subsection 71.1(1) of the Act is replaced by the following:
	(b) a merchant navy veteran of World War I or World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act who, during World War I or World War II, as the case may be, was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty's forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power,
1992, c. 24, s. 13(2)	(3) Paragraph (d) of the definition ``prisoner of war of another power'' in subsection 71.1(1) of the Act is replaced by the following:
	(d) a Canadian merchant navy veteran of the Korean War within the meaning of subsection 37(7.4) of the War Veterans Allowance Act who, during the period referred to in that subsection , was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power;
1992, c. 24, s. 13(3)	(4) Paragraph (c) of the definition ``prisoner of war of Japan'' in subsection 71.1(1) of the Act is replaced by the following:
	(c) a merchant navy veteran of World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act , or
1990, c. 43, s. 23; 1995, c. 18, par. 75(z.1)	16. Subsection 72(1) of the Act is replaced by the following:
Amount of allowance	72. (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces who
	(a) is in receipt of
	(i) a pension in the amount set out in Class 1 of Schedule I, or
	(ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I, and compensation, where the aggregate of that pension and compensation is equal to or greater than a pension in the amount set out in Class 1 of Schedule I , and
	(b) is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension ,
	shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III.
	17. Section 91 of the Act is amended by striking out the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):
	(b.1) shipping companies for the purposes of subparagraph 21.1(4)(c)(iii); and
R.S., c. C-31; R.S., c. 20 (3rd Supp.); 1990, c. 43; 1992, c. 24; 1995, c. 18	MERCHANT NAVY VETERAN AND CIVILIAN WAR-RELATED BENEFITS ACT
1992, c. 24, s. 1	18. *The long title of the Merchant Navy Veteran and Civilian War-related Benefits Act* is replaced by the following:**
	An Act respecting war pensions and allowances for civilians
1992, c. 24, s. 2	19. Section 1 of the Act is replaced by the following:
Short title	1. This Act may be cited as the Civilian War-related Benefits Act.
	20. Subsection 2(2) of the Act is replaced by the following:
References to pension and allowance rates	(2) A reference in this Act to any rate or rates set out in Schedule I, II or III of the Pension Act shall be construed as a reference to that rate or those rates as increased by virtue of Part V of that Act.
1992, c. 24, s. 3	21. The heading ``MERCHANT NAVY VETERANS'' before section 6 of the Act is replaced by the following:

Bill C-61

Supplementary Pensions in Respect of Members of Allied Forces and Merchant Navies

MERCHANT NAVY VETERAN AND CIVILIAN WAR-RELATED BENEFITS ACT