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1. For the purposes of subsection 39(1) and
this Schedule,
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``common-la
w partner''
« conjoint de
fait »
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``common-law partner'', in relation to an
individual, means a person who is
cohabiting with the individual in a conjugal
relationship, having so cohabited for a
period of at least one year.
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``member of
the Women's
Royal Naval
Services''
« personnel
du Corps
féminin de la
Marine
royale »
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``member of the Women's Royal Naval
Services'' means a person who
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(a) enrolled in the Women's Royal Naval
Service,
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(b) enrolled in Queen Alexandra's Royal
Naval Nursing Service or the reserve
therefor, or
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(c) enrolled as a medical or dental
practitioner employed with the Medical
Branch or Dental Branch of the Royal
Navy with naval status for general
service;
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``person in
receipt of a
pension by
reason of war
service''
« pensionné
de guerre »
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``person in receipt of a pension by reason of
war service'' means a person who
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(a) is in receipt of a pension
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(i) by reason of service in World War
I, or
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(ii) by reason of service only in World
War II, and who at the commencement
of such service was domiciled in
Canada or Newfoundland,
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(b) has, from causes attributable to that
service lost capacity for physical
exertion to an extent that makes the
person unfit to pursue efficiently the
vocation that the person was pursuing
before the war, and
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(c) has not been successfully
re-established in any other vocation;
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``survivor of a
veteran''
« survivant
d'un ancien
combattant »
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``survivor of a veteran'' means the surviving
spouse or surviving common-law partner of
a person who, being a veteran, died from
causes arising during the service by virtue
of which the person became a veteran;
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``veteran''
« ancien
combattant »
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``veteran'' means, subject to subsection 2(1)
of this Schedule, a person who
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(a) during World War I was on active
service overseas in the naval, army or air
forces or who served on the high seas in
a seagoing ship of war in the naval forces
of His Majesty or of any of the Allies of
His Majesty, and who has left that service
with an honourable record or has been
honourably discharged,
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(b) during World War II was on active
service
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(i) in the naval, army or air forces of
His Majesty or of any of His Majesty's
Allies and at the commencement of
that active service was domiciled in
Canada or Newfoundland, or
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(ii) in the naval, army or air forces of
Canada, and, not being domiciled in
Canada at the commencement of that
active service, is a Canadian citizen,
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and who, in the course of that service,
performed duties outside of the Western
Hemisphere, or on the high seas in a ship
or other vessel service that was, at the
time the person performed those duties,
classed as ``sea time'' for the purpose of
the advancement of naval ratings, or that
would have been so classed had the ship
or other vessel been in the service of the
naval forces of Canada,
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(c) during World War II served as a
member of the Women's Royal Naval
Services or as a member of the South
African Military Nursing Service outside
of the Western Hemisphere and who, at
the commencement of her service during
World War II, was domiciled in Canada
or Newfoundland,
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(d) has been certified by the Deputy
Minister of Foreign Affairs as having
been enrolled in Canada or
Newfoundland by United Kingdom
authorities for special duty during World
War II in war areas outside of the Western
Hemisphere, and who served outside of
the Western Hemisphere, and at the time
of enrolment was domiciled in Canada or
Newfoundland, or
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(e) during World War II served outside of
the Western Hemisphere with the naval,
army or air forces of His Majesty raised
in Canada or Newfoundland as a
representative of Canadian Legion War
Services, Inc., the National Council of
the Young Men's Christian Associations
of Canada, Knights of Columbus
Canadian Army Huts, or Salvation Army
Canadian War Services, was authorized
so to serve by the appropriate naval, army
or air force authority and who, at the
commencement of that service with
those forces during World War II, was
domiciled in Canada or Newfoundland;
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``Western
Hemisphere''
« hémisphère
occidental »
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``Western Hemisphere'' means the continents
of North and South America, the islands
adjacent thereto and the territorial waters
thereof, including Newfoundland,
Bermuda and the West Indies, but
excluding Greenland, Iceland and the
Aleutian Islands;
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``World War
I''
« Première
Guerre
mondiale »
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``World War I'' means the war declared by His
Majesty on August 4, 1914 against the
Empire of Germany and subsequently
against other powers;
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``World War
II''
« Seconde
Guerre
mondiale »
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``World War II'' means the war declared by
His Majesty on the September 10, 1939
against the German Reich and subsequently
against Italy, Finland, Hungary, Rumania
and Japan.
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2. (1) The definition ``veteran'' in section 1
of this Schedule does not include a person who
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(a) served outside of the Western
Hemisphere or on the high seas only in that
the person was a passenger in an aircraft,
ship or other vessel, or only in that the
person underwent a limited period of
training in an aircraft, ship or other vessel
incidental to a program of instruction, or
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(b) by reason of the misconduct of the
person, since September 10, 1939, ceased to
serve in the naval, army or air forces of His
Majesty or of any of His Majesty's Allies,
to be a member of the Women's Royal
Naval Services or the South African
Military Nursing Service, to be enrolled for
the special duty mentioned in the definition
``veteran'' in section 1 of this Schedule or to
serve with the forces as a representative of
Canadian Legion War Services Inc., the
National Council of the Young Men's
Christian Associations of Canada, Knights
of Columbus Canadian Army Huts or
Salvation Army Canadian War Services.
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(2) For the purpose of determining whether
a person is a veteran, World War II is deemed
to have terminated
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(a) in respect of service in connection with
operations in the European and
Mediterranean Theatres of War, on May 8,
1945; and
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(b) in respect of service in connection with
operations in the Pacific Theatre of War, on
August 15, 1945.
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