Bill C-41

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	WAR SERVICE BENEFITS
Supervisors deemed to be veterans, etc.	3. Subject to section 5, every supervisor, on the termination of their service as such, is deemed
	(a) to be a veteran within the meaning of the Veterans' Land Act, the Veterans Insurance Act and the War Veterans Allowance Act;
	(b) for the purposes of the Department of Veterans Affairs Act, to have served in the naval, army or air forces of Her Majesty; and
	(c) for the purposes of the War Service Grants Act, to be a discharged member of the forces.
R.S.C. 1970, c. V-2	VETERANS BENEFIT ACT
1985, c. 26, s. 66 (Schedule II, item 5(6))	*56. Section 5 of the Veterans Benefit Act* and the heading before it are repealed.**
	57. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:
Korean War veterans	9. (1) Paragraphs 16(4)(b) and 17(4)(b) and subsection 17(5) of the Public Service Employment Act apply to every person not described in subsection (2) who
	(2) The portion of subsection 9(2) of the Act before paragraph (b) is replaced by the following:
Korean War veterans pensioned for disability	(2) Paragraphs 16(4)(a) and 17(4)(a) and subsection 17(5) of the Public Service Employment Act apply to every person who
	(a) is in receipt of a pension under the Pension Act for disability resulting from an injury or disease or an aggravation thereof that was attributable to or was incurred during service in or on the strength of the special force or during service in a theatre of operations;
R.S.C. 1970, c. V-3	VETERANS INSURANCE ACT
	*58. The Veterans Insurance Act* is amended by adding the following after section 14:**
When insured treated as if dead	14.1 (1) If the death of the insured has not been proved in accordance with the regulations made under paragraph 16(b) but the Minister is satisfied, after efforts satisfactory to the Minister have been made, that the insured has died or cannot be located, the Minister shall, subject to this section, apply this Act as if the insured had died on a date specified by the Minister.
Definition of ``Ministerial payment''	(2) In subsection (3), ``Ministerial payment'' means an amount of insurance money that is payable by virtue of the operation of subsection (1) and would not be payable in the absence of its operation.
Agreement to repay Minister	(3) The Minister shall not make a Ministerial payment unless the person to whom that payment is to be made agrees in writing, in such form as is prescribed by the Minister, to repay to the Minister the amount of that payment in the event that the insured referred to in subsection (1) is subsequently determined by the Minister to be alive.
When beneficiary or contingent beneficiary treated as if dead	14.2 (1) If, after the insured's death, the death of a beneficiary or contingent beneficiary has not been proved in accordance with the regulations made under paragraph 16(b) but the Minister is satisfied, after efforts satisfactory to the Minister have been made, that that beneficiary or contingent beneficiary died within the insured's lifetime or cannot be located, the Minister shall, subject to this section, apply this Act as if that beneficiary or contingent beneficiary had died within the insured's lifetime.
Definition of ``Ministerial payment''	(2) In subsection (3), ``Ministerial payment'' means an amount of insurance money that is payable by virtue of the operation of subsection (1) and would not be payable in the absence of its operation.
Agreement to repay Minister	(3) The Minister shall not make a Ministerial payment unless the person to whom that payment is to be made agrees in writing, in such form as is prescribed by the Minister, to repay to the Minister the amount of that payment in the event that the beneficiary or contingent beneficiary referred to in subsection (1) is subsequently determined by the Minister to be alive.
R.S.C. 1970, c. V-4	VETERANS' LAND ACT
	*59. Subsection 3(1) of the Veterans' Land Act* is replaced by the following:**
The Director, The Veterans' Land Act	3. (1) The person who from time to time holds the office of the Deputy Minister of Veterans Affairs or such person as the Deputy Minister may designate is, by virtue of holding that office or by virtue of that designation, as the case may be, The Director, The Veterans' Land Act (in this Act referred to as ``the Director'').
1990, c. 17, s. 42 and par. 47(g)	60. Section 21 of the Act and the heading before it are replaced by the following:
	Review Committees
Consent of review committee	21. The Director shall not rescind an agreement of sale under subsection 22(1) unless a review committee established under section 21.1 consents to the rescission of that agreement.
Constitution	21.1 (1) A review committee shall consist of three persons appointed in accordance with this section.
Appointment by Director	(2) The Director shall appoint one member of the review committee.
Appointment by Royal Canadian Legion	(3) The Director shall, in writing, request the Royal Canadian Legion, or any successor to it, to appoint one member of the review committee within thirty days after receipt of the request.
Appointment of Chairperson	(4) The two members of the review committee appointed under subsections (2) and (3) shall, within thirty days after the appointment of the second member, appoint a third member as the Chairperson of the review committee.
Appointment if default	(5) If no member is appointed under subsection (3) or no Chairperson is appointed under subsection (4), the Director shall, after consulting with the chief justice of the province in which the property in question is situated, appoint as Chairperson of the review committee a judge of the superior court of that province. If no member was appointed under subsection (3), the Chairperson appointed under this subsection shall appoint that member.
Vacancy	(6) If a vacancy occurs in the membership of a review committee, the vacancy shall be filled by appointment in accordance with the provision of this section governing the appointment of the person in respect of whom the vacancy arose.
Allowances to members	(7) The members of a review committee shall be paid any daily or other allowance with respect to the performance of their duties under subsection 21.2(2) that the Minister may fix.
Reference to review committee	21.2 (1) Without delay after the establishment of a review committee, the Director shall
	(a) refer to the review committee the Director's proposed rescission of the agreement in question under subsection 22(1); and
	(b) notify the veteran concerned of the establishment of the review committee and of the names of its members.
Review	(2) The review committee shall review the proposed rescission referred to it and shall
	(a) consent or refuse to consent to the proposed rescission; or
	(b) establish remedial conditions to be complied with by the veteran concerned which, if not complied with, may result in the rescission of the agreement.
Procedure	(3) A review committee may determine its own procedure, but shall give the Director and the veteran concerned a full opportunity to present evidence and make representations.
	61. Subsections 22(1) to (3) of the Act are replaced by the following:
Director may rescind agreement in case of default	22. (1) If any instalment mentioned in any agreement of sale under this Part is not punctually paid or if the veteran makes any other default in performance of the terms of such agreement, the Director may, subject to section 21, without any formal re-entry or retaking and without resort to proceedings in equity or at law, rescind such agreement.
Rescission or termination with consent	(2) The Director may, with the consent of the veteran and without giving the notice required by subsection (4), rescind any agreement of sale under this Part or otherwise terminate any contract made with the veteran under this Part.
Property vested in Director	(3) The effect of a rescission of an agreement of sale pursuant to subsection (1) or (2) is
	(a) to vest the property in question in the Director absolutely free and discharged of all rights and claims of the veteran and of all persons claiming or entitled to claim through or under the veteran, for any estate in, or lien, charge or encumbrance upon or against the property; and
	(b) to empower the Director to resell or otherwise deal with the property as authorized by this Part.
	62. Section 42 of the Act is repealed.
	63. Section 47 of the Act and the heading before it are repealed.
	64. Subsection 48(2) of the Act is repealed.
	65. The Act is amended by adding the following after section 48:
	Miscellaneous
Authoriza- tion by Director	48.1 (1) The Director may authorize in writing any person, either by name or by title of office, and either generally or subject to conditions set out in the authorization, to exercise or perform any of the Director's powers or duties.
Judicial notice of authorization	(2) Judicial notice shall be taken of a written authorization given under subsection (1) without proof of the signature or official character of the person appearing to have signed it, unless it has been called into question by the Director or by a person acting for the Director or for Her Majesty.
1995, c. 18	VETERANS REVIEW AND APPEAL BOARD ACT
1999, c. 10, s. 38	*66. Subsection 19(2) of the French version of the Veterans Review and Appeal Board Act* is replaced by the following:**
Refus de constituer un comité	(2) Le président, ou son délégué, peut refuser de constituer un comité de révision s'il estime qu'une demande portant sur le montant de la compensation visée par la Loi sur les pensions est de telle nature qu'aucun comité ne pourrait raisonnablement en disposer en faveur du demandeur.
	67. Section 34 of the Act is amended by adding the following after subsection (6):
Death of recipient	(6.1) On the death of a person to whom a compassionate award has been granted, the Pension Act applies in respect of a survivor or surviving child of that person in the same manner as it would apply if the compassionate award had been an award within the meaning of that Act.
Meaning of ``survivor'' and ``child''	(6.2) In subsection (6.1), ``survivor'' and ``child'' have the same meaning as in the Pension Act.
R.S.C. 1970, c. W-4	WAR SERVICE GRANTS ACT
	*68. Sections 31 to 34 of the War Service Grants Act* are repealed.**
R.S., c. W-3	WAR VETERANS ALLOWANCE ACT
1998, c. 21, s. 121(2)	*69. (1) The definition ``payment review period'' in subsection 2(1) of the War Veterans Allowance Act* is repealed.**
R.S., c. 12 (2nd Supp.), s. 9(1); 1990, c. 43, s. 32(2); 2000, c. 12, s. 317(5)	(2) The definition ``dependent child'' in subsection 2(1) of the Act is replaced by the following:
``dependent child'' « enfant à charge »	``dependent child'' means
	(a) a child who has no spouse or common-law partner and is
	(i) under the age of eighteen years,
	(ii) under the age of twenty-five years and following and making satisfactory progress in a course of instruction approved by the Minister,
	(iii) under the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, or
	(iv) over the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, where the incapacity occurred before the child attained the age of twenty-one years, or after the age of twenty-one years and before the age of twenty-five years while following and making satisfactory progress in a course of instruction approved by the Minister, or
	(b) a child referred to in subparagraph (a)(i), (ii), (iii) or (iv) who has a spouse or common-law partner and is financially dependent on a recipient;
1990, c. 43, s. 32(3); 2000, c. 12, s. 317(7)	(3) Paragraph (c) of the definition ``orphan'' in subsection 2(1) of the Act is replaced by the following:
	(c) a child of
	(i) divorced or separated parents, or
	(ii) parents who are neither spouses nor common-law partners of each other
	who is bereft by death of a parent who, at the time of death, was receiving an additional allowance in respect of that child or would have been eligible to receive an additional allowance in respect of that child but for the level of that parent's income, and
	(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``personal information'' « renseigneme nts personnels »	``personal information'' has the same meaning as in section 3 of the Privacy Act;
1995, c. 18, s. 103; 2000, c. 12, s. 318(2)	70. (1) The portion of subparagraph 4(3)(c)(ii) of the Act before clause (A) is replaced by the following:
	(ii) payable under the Pension Act, section 34 of the Veterans Review and Appeal Board Act, any enactment prescribed by regulations made under section 25, or any similar or equivalent laws of the country in whose forces the veteran served, but not including any monthly benefit payable
	(2) Paragraph 4(5)(b) of the Act is replaced by the following:
	(b) an orphan of a recipient if that orphan resides outside Canada and if that recipient, at the time of death,
	(i) was receiving an additional allowance in respect of the child, or
	(ii) would have been eligible to receive an additional allowance in respect of the child but for the level of the recipient's income.
2000, c. 12, ss. 326 (F), 327 (E)	(3) Subsection 4(8) of the Act is replaced by the following:
If couple not residing together	(8) If the Minister is satisfied that an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together as a result of one or both of them having to reside in a treatment or care facility or as a result of any other circumstances that are prescribed by regulations made under section 25, the Minister may direct that the applicant and spouse or common-law partner, or the recipient and spouse or common-law partner, as the case may be, be treated in the same manner as if they were persons referred to in subsection (6) and each person had one half of the aggregate of the income and benefits of both persons, and in that case, if the Minister deems it appropriate, the Minister shall apportion the allowances payable to them having regard to the circumstances of each of them and any dependent children involved.