Bill C-33

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-33

An Act to amend the War Veterans Allowance Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

WAR VETERANS ALLOWANCE ACT

1. (1) Subsection 2(1) of the War Veterans Allowance Act is amended by adding the following in alphabetical order:

“Korean War” means the military operations undertaken by the United Nations to restore peace in the Republic of Korea during the period from June 25, 1950 to July 27, 1953, inclusive.

(2) Section 2 of the Act is amended by adding the following after subsection (1):

(2) For the purposes of this Act, the definition “survivor” in subsection (1) includes a person who has resided in Canada for a total period of at least 10 years and who was the spouse or common-law partner of an individual at the time of the individual’s death and the individual

(a) died after October 13, 2008;

(b) was, at the time of death, a resident in Canada; and

(c) was, at the time of death, an individual described in subsection 37(4.1) or (4.2), even if they had not resided in Canada for a total period of at least 10 years, but only if the total of the time they resided in Canada prior to their death and the time that has elapsed since their death is at least 10 years.

(3) For the purposes of the definition “survivor” in subsection (1), a spouse or common-law partner is the survivor of an allied veteran referred to in paragraph 37(4)(d.1) or subsection 37(4.1) or (4.2) only if that allied veteran died after October 13, 2008.

2. Section 4 of the Act is amended by adding the following after subsection (5):

(5.1) Subsections (4) and (5) do not apply to an allied veteran referred to in paragraph 37(4)(d.1) or subsection 37(4.1) or (4.2) or to the survivor or orphan of that veteran.

3. Section 9 of the Act is replaced by the following:

9. No allowance shall be paid to any person who served in enemy forces during either World War II or the Korean War.

4. (1) Subsection 37(4) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(c.1) any of the forces that took part in the Korean War

(2) Subsection 37(4) of the Act is amended by adding the following after paragraph (d):

(d.1) served in a theatre of operations during the Korean War,

(3) Section 37 of the Act is amended by adding the following after subsection (4):

(4.1) An allied veteran is also any former member of any of His Majesty’s forces, or of any of the forces, other than resistance groups, of any of His Majesty’s allies in World War II, who served during that war, who resided in Canada for a total period of at least 10 years beginning on or after August 15, 1945, who has been honourably discharged or has been permitted honourably to resign or retire from one of those forces and who

(a) served in a theatre of actual war during that war;

(b) is in receipt of a pension for an injury or disease incurred or aggravated during service in any such force during that war or is declared to have been eligible for, or awarded, such a pension subsequent to their death; or

(c) has accepted a commuted pension.

(4.2) An allied veteran is also any former member of any of the forces that took part in the Korean War and who served during that war, who resided in Canada for a total period of at least 10 years beginning on or after July 27, 1953, who has been honourably discharged or has been permitted honourably to resign or retire from one of those forces and who served in a theatre of operations during that war.

TRANSITIONAL PROVISIONS

5. The allowance payable under the War Veterans Allowance Act may be paid to any person or in respect of any person who would have been eligible to receive that allowance if sections 1 to 4 had come into force on October 14, 2008. In order for the allowance to be paid, an application must be made to the Minister of Veterans Affairs no later than December 31, 2010.

6. The benefits under the Veterans Health Care Regulations and the Veterans Burial Regulations, 2005 are extended to allied veterans or in respect of allied veterans described in paragraph 37(4)(d.1) or subsection 37(4.1) or (4.2) of the War Veterans Allowance Act, enacted by section 4, for the period beginning on October 14, 2008 and ending on December 31, 2009. Any application for the benefits must be made to the Minister of Veterans Affairs no later than December 31, 2010.

7. The financial assistance payable under the Assistance Fund (W.V.A. and C.W.A.) Regulations may be paid to any person or in respect of any person who would have been eligible to receive that financial assistance if sections 1 to 4 had come into force on October 14, 2008. In order for the financial assistance to be paid, an application must be made to the Minister of Veterans Affairs no later than December 31, 2010.

COMING INTO FORCE

8. This Act comes into force on January 1, 2010.