Bill C-61

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1995, c. 18; 1995, c. 17	VETERANS REVIEW AND APPEAL BOARD ACT
	*38. Subsection 19(2) of the Veterans Review and Appeal Board Act* is replaced by the following:**
Refusal to establish review panel	(2) The Chairperson, or any member to whom the Chairperson has delegated the authority, may refuse to establish a review panel to hear an application for review of a decision concerning the amount of an award under the Pension Act if the Chairperson or member, as the case may be, considers the application to be such that no reasonable review panel could dispose of it in a manner favourable to the applicant.
	39. Section 33 of the Act is replaced by the following:
Appeal to Tax Court of Canada	33. Notwithstanding section 31, an appeal lies to the Tax Court of Canada from any decision of an appeal panel as to income or as to the source of income of a person or their spouse, or both, for the purposes of the War Veterans Allowance Act or Part XI of the Civilian War-related Benefits Act.
	40. Subsection 36(1) of the Act is replaced by the following:
Place and time of sittings	36. (1) The Board shall sit at such places in Canada and at such times as may be fixed by the Chairperson, having regard to the convenience of the applicant and the Board.
	41. Section 111 of the Act is replaced by the following:
Reconsidera- tion of decisions of predecessor bodies	111. The Veterans Review and Appeal Board may, on its own motion, reconsider any decision of the Veterans Appeal Board, the Pension Review Board, the War Veterans Allowance Board, or an Assessment Board or an Entitlement Board as defined in section 79 of the Pension Act, and may either confirm the decision or amend or rescind the decision if it determines that an error was made with respect to any finding of fact or the interpretation of any law, or may, in the case of any decision of the Veterans Appeal Board, the Pension Review Board or the War Veterans Allowance Board, do so on application if new evidence is presented to it.
1974-75-76, c. 88; 1995, c. 18	HALIFAX RELIEF COMMISSION PENSION CONTINUATION ACT
	*42. Subsections 5(2) to (4) of the Halifax Relief Commission Pension Continuation Act* are replaced by the following:**
Payments out of C.R.F.	(3) There shall be paid out of the Consolidated Revenue Fund
	(a) all payments under this Act as or on account of pensions, grants or allowances; and
	(b) any payments against the subsisting obligations and liabilities accepted by the Minister pursuant to subsection 4(1).
Charges to Account	(4) For as long as there is a balance to the credit of the Account, payments paid out of the Consolidated Revenue Fund under subsection (3) shall be charged to the Account.
	CONSEQUENTIAL AMENDMENTS
R.S., c. C-28; 1990 c. 43, s. 43	Children of Deceased Veterans Education Assistance Act
1992, c. 24, s. 14	*43. Item 2 of the schedule to the Children of Deceased Veterans Education Assistance Act* is replaced by the following:**
	2. Civilian War-related Benefits Act.
R.S., c. 1 (5th Supp.)	Income Tax Act
	*44. Paragraph 81(1)(d) of the Income Tax Act* is replaced by the following:**
	(d) a pension payment, an allowance or compensation that is received under or is subject to the Pension Act, the Civilian War-related Benefits Act or the War Veterans Allowance Act, an amount received under the Gallantry Awards Order or compensation received under the regulations made under section 9 of the Aeronautics Act;
	45. Subparagraph 241(4)(d)(viii) of the Act is replaced by the following:
	(viii) to an official of the Department of Veterans Affairs solely for the purposes of the administration of the War Veterans Allowance Act or Part XI of the Civilian War-related Benefits Act,
R.S., c. T-2	Tax Court of Canada Act
1995, c. 18, s. 98	*46. Subsection 12(2) of the Tax Court of Canada Act* is replaced by the following:**
Jurisdiction	(2) The Court has exclusive original jurisdiction to hear and determine appeals on matters arising under the War Veterans Allowance Act and the Civilian War-related Benefits Act and referred to in section 33 of the Veterans Review and Appeal Board Act.
1995, c. 18, s. 99	47. Paragraph 18.29(1)(d) of the Act is replaced by the following:
	(d) the War Veterans Allowance Act, or Part XI of the Civilian War-related Benefits Act from an adjudication of the Veterans Review and Appeal Board as to what constitutes income or as to the source of income.
	TRANSITIONAL PROVISION
	48. For greater certainty,
	(a) any benefit that, immediately before the coming into force of section 24, was payable under section 9 of the Merchant Navy Veteran and Civilian War-related Benefits Act continues to be payable under the Pension Act as amended by this Act, and any application for such a benefit that had not been adjudicated before the coming into force of section 24 shall be continued and adjudicated under the Pension Act as amended by this Act;
	(b) any benefit that, immediately before the coming into force of section 27, was payable under section 15.2 of the Merchant Navy Veteran and Civilian War-related Benefits Act by virtue of paragraph 15.2(1)(a) or (b) continues to be payable under the Pension Act as amended by this Act, and any application for such a benefit that had not been adjudicated before the coming into force of section 27 shall be continued and adjudicated under the Pension Act as amended by this Act;
	(c) any benefit that, immediately before the coming into force of section 27, was payable under section 15.2 of the Merchant Navy Veteran and Civilian War-related Benefits Act by virtue of paragraph 15.2(1)(c) continues to be payable under section 9 of that Act as amended by this Act, and any application for such a benefit that had not been adjudicated before the coming into force of section 27 shall be continued and adjudicated under section 9 of that Act as amended by this Act; and
	(d) any benefit that, immediately before the coming into force of section 36, was payable under subsection 57(1) of the Merchant Navy Veteran and Civilian War-related Benefits Act continues to be payable under the War Veterans Allowance Act as amended by this Act, and any application for such a benefit that had not been adjudicated before the coming into force of section 36 shall be continued and adjudicated under the War Veterans Allowance Act as amended by this Act.
	REFERENCES
	49. After the coming into force of this section, a reference in any enactment or other document to the Merchant Navy Veteran and Civilian War-related Benefits Act is deemed to be a reference to the Civilian War-related Benefits Act or to whichever of the following is appropriate in the circumstances:
	(a) the Pension Act, in relation to a person who was, immediately before the coming into force of this section, a merchant navy veteran within the meaning of the Merchant Navy Veteran and Civilian War-related Benefits Act;
	(b) the Pension Act, in relation to a person who, immediately before the coming into force of this section, was eligible to be awarded a benefit under section 15.2 of the Merchant Navy Veteran and Civilian War-related Benefits Act by virtue of paragraph 15.2(1)(a) or (b);
	(c) the Civilian War-related Benefits Act, in relation to a person who, immediately before the coming into force of this section, was eligible to be awarded a benefit under section 15.2 of the Merchant Navy Veteran and Civilian War-related Benefits Act by virtue of paragraph 15.2(1)(c); or
	(d) the War Veterans Allowance Act, in relation to a person who, immediately before the coming into force of this section, was a merchant navy veteran referred to in section 57 of the Merchant Navy Veteran and Civilian War-related Benefits Act.
	COMING INTO FORCE
Coming into force	50. (1) This Act or any of its provisions, other than section 2, subsection 35(4) and section 42, comes into force on a day or days to be fixed by order of the Governor in Council.
Coming into force	(2) Subsection 35(4) is deemed to have come into force on June 28, 1995.