Bill C-41
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WAR SERVICE BENEFITS |
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Supervisors
deemed to be
veterans, etc.
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3. Subject to section 5, every supervisor, on
the termination of their service as such, is
deemed
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R.S.C. 1970,
c. V-2
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VETERANS BENEFIT ACT |
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1985, c. 26,
s. 66
(Schedule II,
item 5(6))
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56. Section 5 of the Veterans Benefit Act
and the heading before it are repealed.
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57. (1) The portion of subsection 9(1) of
the Act before paragraph (a) is replaced by
the following:
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Korean War
veterans
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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
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(2) The portion of subsection 9(2) of the
Act before paragraph (b) is replaced by the
following:
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Korean War
veterans
pensioned for
disability
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(2) Paragraphs 16(4)(a) and 17(4)(a) and
subsection 17(5) of the Public Service
Employment Act apply to every person who
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R.S.C. 1970,
c. V-3
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VETERANS INSURANCE ACT |
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58. The Veterans Insurance Act is
amended by adding the following after
section 14:
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When insured
treated as if
dead
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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.
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Definition of
``Ministerial
payment''
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(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.
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Agreement to
repay Minister
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(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.
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When
beneficiary or
contingent
beneficiary
treated as if
dead
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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.
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Definition of
``Ministerial
payment''
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(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.
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Agreement to
repay Minister
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(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.
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R.S.C. 1970,
c. V-4
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VETERANS' LAND ACT |
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59. Subsection 3(1) of the Veterans' Land
Act is replaced by the following:
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The Director,
The Veterans'
Land Act
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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'').
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1990, c. 17,
s. 42 and par.
47(g)
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60. Section 21 of the Act and the heading
before it are replaced by the following:
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Review Committees |
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Consent of
review
committee
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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.
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Constitution
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21.1 (1) A review committee shall consist
of three persons appointed in accordance with
this section.
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Appointment
by Director
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(2) The Director shall appoint one member
of the review committee.
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Appointment
by Royal
Canadian
Legion
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(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.
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Appointment
of
Chairperson
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(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.
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Appointment
if default
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(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.
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Vacancy
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(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.
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Allowances to
members
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(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.
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Reference to
review
committee
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21.2 (1) Without delay after the
establishment of a review committee, the
Director shall
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Review
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(2) The review committee shall review the
proposed rescission referred to it and shall
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Procedure
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(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.
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61. Subsections 22(1) to (3) of the Act are
replaced by the following:
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Director may
rescind
agreement in
case of default
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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.
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Rescission or
termination
with consent
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(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.
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Property
vested in
Director
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(3) The effect of a rescission of an
agreement of sale pursuant to subsection (1) or
(2) is
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62. Section 42 of the Act is repealed.
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63. Section 47 of the Act and the heading
before it are repealed.
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64. Subsection 48(2) of the Act is
repealed.
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65. The Act is amended by adding the
following after section 48:
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Miscellaneous |
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Authoriza- tion by Director
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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.
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Judicial notice
of
authorization
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(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.
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1995, c. 18
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VETERANS REVIEW AND APPEAL BOARD ACT |
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1999, c. 10,
s. 38
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66. Subsection 19(2) of the French
version of the Veterans Review and Appeal
Board Act is replaced by the following:
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Refus de
constituer un
comité
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(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.
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67. Section 34 of the Act is amended by
adding the following after subsection (6):
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Death of
recipient
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(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.
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Meaning of
``survivor''
and ``child''
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(6.2) In subsection (6.1), ``survivor'' and
``child'' have the same meaning as in the
Pension Act.
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R.S.C. 1970,
c. W-4
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WAR SERVICE GRANTS ACT |
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68. Sections 31 to 34 of the War Service
Grants Act are repealed.
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R.S., c. W-3
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WAR VETERANS ALLOWANCE ACT |
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1998, c. 21,
s. 121(2)
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69. (1) The definition ``payment review
period'' in subsection 2(1) of the War
Veterans Allowance Act is repealed.
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R.S., c. 12
(2nd Supp.),
s. 9(1); 1990,
c. 43,
s. 32(2);
2000, c. 12,
s. 317(5)
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(2) The definition ``dependent child'' in
subsection 2(1) of the Act is replaced by the
following:
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``dependent
child'' « enfant à charge »
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``dependent child'' means
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1990, c. 43,
s. 32(3);
2000, c. 12,
s. 317(7)
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(3) Paragraph (c) of the definition
``orphan'' in subsection 2(1) of the Act is
replaced by the following:
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(4) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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``personal
information'' « renseigneme nts personnels »
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``personal information'' has the same
meaning as in section 3 of the Privacy Act;
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1995, c. 18,
s. 103; 2000,
c. 12,
s. 318(2)
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70. (1) The portion of subparagraph
4(3)(c)(ii) of the Act before clause (A) is
replaced by the following:
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(2) Paragraph 4(5)(b) of the Act is
replaced by the following:
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2000, c. 12,
ss. 326 (F),
327 (E)
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(3) Subsection 4(8) of the Act is replaced
by the following:
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If couple not
residing
together
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(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.
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