GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
War Service Grants Act — W-2.5 21
Reference to Committee of Review 21 (1) Every application for the payment of a gratuity made by a member who is discharged for any of the reasons described in section 18 or 19 shall, together with all documents relating to the member’s service, be referred to a Committee of Review consisting of not less than three officers of the Department of Veterans Affairs who shall be appointed by the Minister. Duties of Committee of Review (2) The Committee of Review shall examine every application referred to it pursuant to subsection (1), consider the nature and extent of the services rendered by the member in the armed forces and investigate the circumstances under which the member was discharged. Finding of Committee (3) Where, on examination and investigation of an application referred to it pursuant to subsection (1), the Committee of Review is of the opinion that it would be inconsistent with the true spirit and intent of this Act to deprive the member of benefits under this Act, the Committee shall so advise the Minister who may by order direct that the member shall, notwithstanding section 18 or 19, receive the benefits he would have been eligible for under this Act if he had not been discharged for any of the reasons described in those sections. 1959, c. 18, s. 11
War Service Grants Act — W-2.5 22
Service excluded from period of service 22 For the purposes of computing benefits under this Act, no period of absence without leave or leave of absence without pay, or time served while undergoing sentence of penal servitude, imprisonment or detention, or period of service in respect of which pay is forfeited shall be included in the service of a member of the forces. R.S., 1952, c. 289, s. 18
War Service Grants Act — W-2.5 23
Payment to be made only upon application 23 (1) Payment of any gratuity or grant of any credit authorized by this Act shall be made only upon application therefor by or on behalf of the member of the forces claiming such gratuity or credit, or, in the case of a deceased member, by or on behalf of any person eligible under this Act in respect of such member to receive the gratuity or credit. Time limit for applications for gratuity (2) No application under this Act for the payment of a gratuity shall be received after the 31st day of December 1954, except that any such application made after that date but on or before the 31st day of October 1968 by or on behalf of, or in respect of, a member whose service included overseas service or service in a theatre of operations as defined in the definition service in section 2 of the Veterans’ Benefit Act may be received and acted upon by the Minister if the Minister is satisfied of the existence of circumstances justifying the delay in making the application. 1953-54, c. 46, s. 4; 1962, c. 7, s. 4
War Service Grants Act — W-2.5 24
Benefits received from other governments 24 Where a member of the forces is granted any pecuniary benefit of the same nature as the gratuity or credit payable or which is granted under this Act from the government of any of His Majesty’s dominions other than Canada or from the government of any power allied or associated with His Majesty, in respect of service performed with the naval, army or air forces of any such dominion or power, one-half of the amount of such benefits shall be deducted from the gratuity and one-half from the credit. R.S., 1952, c. 289, s. 20
War Service Grants Act — W-2.5 25
Deferment of gratuity or credit 25 (1) Where a member of the forces, before he has been paid or granted all or any part of the gratuity or credit, is re-appointed to or re-enlists, in the forces, the balance of such gratuity or credit remaining unpaid or not granted shall not be paid or granted, unless the Minister otherwise directs, to such member until his subsequent discharge, at which time he is entitled to be paid or granted such gratuity or credit or the balance thereof in addition to any further gratuity or credit to which he may be entitled under this Act by reason of his subsequent period of service. Service in more than one force (2) The benefits provided by subsection 3(1) and section 8 payable to or in respect of a member who has had service in more than one force, shall be calculated as if his total service had been uninterrupted service in any one of such forces, and the benefits provided by subsection 3(2), payable to or in respect of a member who has had service in more than one force and overseas service in at least one force, shall be calculated separately for each force in which he had overseas service on the basis of the pay and allowances payable to or in respect of him at the date of discharge from each such force. Date of payment of gratuity and granting of credit (3) A member who joined the permanent naval or army forces or the regular air force on or before the 31st day of March 1946 shall be paid his gratuity and may be granted his credit in the manner provided in this Act on that date; a member who joins the permanent naval or army forces or the regular air force subsequent to the 31st day of March 1946 shall be paid his gratuity and may be granted his credit in the manner provided in this Act on the date of his acceptance for service in one of such forces. Idem (4) Unless the Minister otherwise directs, a member who was serving with the naval, army or air forces other than the permanent naval or army forces or the regular air force on the 31st day of March 1946 shall not be paid his gratuity or granted his credit until he resumes his civilian status. R.S., 1952, c. 289, s. 21
War Service Grants Act — W-2.5 26
Persons of Canadian domicile who served in other Commonwealth forces 26 (1) Subject to subsection (2), a person who, subsequent to the 10th day of September 1939, served on active service in any of the naval, army or air forces of His Majesty other than those raised in Canada, and at the time he joined the said force was domiciled in Canada, is entitled to be paid a gratuity and granted a credit equal to those that might have been paid or granted to him under this Act had such service been service in the forces, if he makes application therefor on or before the 31st day of October 1968, and if at the time of his application he is domiciled and resident in Canada. Deduction of amount of pecuniary benefit of same nature as gratuity (2) There shall be deducted from the gratuity or credit authorized by subsection (1) the amount of any pecuniary benefit, of the same nature as a gratuity or credit authorized to be paid or granted to members of the forces under this Act, that the person has received or is entitled to receive in respect of his service from any government other than that of Canada. Gratuity forms part of service estate of deceased member (3) The provisions of section 5 except subsection (4) apply to and in respect of any such person as if such person had been a member of the forces at the time of his death or discharge from the forces of His Majesty other than those raised in Canada, but where no person qualifies to receive payment of the gratuity or any unpaid balance thereof under this section in respect of any such deceased person, the gratuity or the unpaid balance thereof shall be paid to the Director of Estates for distribution to the person or persons to whom the service estate of the deceased was or will be paid by a government other than that of Canada in respect of his service. R.S., 1952, c. 289, s. 22; 1962, c. 7, s. 5
War Service Grants Act — W-2.5 27
Minister to determine nature of benefits 27 Any question arising under section 24 or 26 as to whether any pecuniary benefit granted by any government other than that of Canada is of the same nature as a gratuity or credit authorized to be paid or granted to members of the forces under this Act shall be referred to the Minister or to such authority as the Minister may designate and the decision of the Minister or that authority, as the case may be, is final. R.S., 1952, c. 289, s. 23
War Service Grants Act — W-2.5 28
Members of the forces receiving treatment 28 Where any member of the forces is, subsequent to his discharge, receiving treatment by or through the Department of Veterans Affairs, the gratuity or credit or any part thereof remaining unpaid or not granted shall be made available to such person as the Minister may designate, to be applied in the discretion of that person for the benefit of such member or his dependants. R.S., 1970, c. W-4, s. 28; 2000, c. 34, s. 93(F)
War Service Grants Act — W-2.5 29
Gratuities and credits to be additional to certain other benefits 29 Subject to section 16, the benefits granted herein are in addition to such benefits or grants as are or may hereafter be provided by the Government of Canada for members of the forces, including rehabilitation grant and clothing allowance on discharge. R.S., 1952, c. 289, s. 25
War Service Grants Act — W-2.5 30
Immunity of gratuity or credit 30 (1) No gratuity payable or credit available to a member of the forces or his dependants is subject to attachment, levy, seizure or assignment under any legal process or to taxation. Nullity of purported assignment etc. (2) No such gratuity or credit or any part of either may be assigned, charged, anticipated, commuted, given as security or otherwise dealt with, and any purported assignment, charge, anticipation, commutation, or other transaction relating to the gratuity or credit made, entered into, or completed contrary to the provisions of this section, is wholly void and of no effect. R.S., 1952, c. 289, s. 26
War Service Grants Act — W-2.5 35
Payment out of C.R.F. 35 Any moneys necessary for the payment of gratuities or for credits under this Act or for the payment pursuant to section 17 of the compensating adjustment repaid by a member may be paid out of unappropriated moneys in the Consolidated Revenue Fund. 1959, c. 18, s. 13
War Service Grants Act — W-2.5 36
Appropriation by Parliament 36 The expenses necessary for the administration of this Act are payable out of moneys appropriated by Parliament for the purpose. R.S., 1952, c. 289, s. 32
War Service Grants Act — W-2.5 37
Regulations 37 The Governor in Council may make regulations governing all matters relative to the manner of payment of gratuities or the making of re-establishment credits available and the evidence to be required in support of applications therefor, to prescribe penalties for breaches of the said regulations and generally to give effect to and carry out the objects of this Act. R.S., 1952, c. 289, s. 33
War Service Grants Act — W-2.5 38
Re-establishment credits to Newfoundland veterans 38 (1) Subject to this Act, every Newfoundland veteran who does not elect to take benefits under the Veterans’ Land Act , except section 17 thereof, or any educational, vocational or technical training benefits under the Veterans Rehabilitation Act is, in order to assist in his re-establishment, eligible for a re-establishment credit equal to the re-establishment credit that might have been made available to him under this Act if he had been a member of the forces as therein defined, less the amount of any pecuniary benefits of the same nature granted or paid by the government of any country other than that of Canada. Newfoundland veteran (2) In this section the expression Newfoundland veteran means a person who served on active service (a) in any of the naval or army forces of Newfoundland or having been recruited in Newfoundland in any of the naval, army or air forces raised in Newfoundland by or on behalf of the United Kingdom; (b) in any other naval, army or air forces of His Majesty and at the time of his enlistment therein was domiciled in Newfoundland; or (c) in any of the naval, army or air forces of the nations allied with His Majesty in active operations against the enemy in World War II, if he was domiciled in Newfoundland at the time of his enlistment therein and was domiciled and resident in Newfoundland within two years from the date of his discharge therefrom or the 8th day of May 1945, whichever is the later. R.S., 1952, c. 289, s. 34
War Veterans Allowance Act — W-3 1
Short title 1 This Act may be cited as the War Veterans Allowance Act . R.S., c. W-5, s. 1
War Veterans Allowance Act — W-3 1.01
Construction 1.01 The provisions of this Act shall be liberally construed and interpreted to the end that the recognized obligation of the people and Government of Canada to those who have served their country so well and to their dependants may be fulfilled. R.S., 1985, c. 20 (3rd Supp.), s. 29
War Veterans Allowance Act — W-3 2
the time of the individual’s death, was a former common-law partner of that individual; ( conjoint de fait survivant ) surviving spouse , in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a divorced spouse of that individual; ( époux survivant ) survivor , in relation to an individual, means (a) a surviving spouse or surviving common-law partner of that individual who is not a veteran and who has not remarried or married, as the case may be, or acquired a subsequent common-law partner, (b) a surviving spouse or surviving common-law partner of that individual who is not a veteran, who has remarried or married, as the case may be, and whose spouse of that marriage dies or whose marriage ends in dissolution or legal separation, and (c) a surviving spouse or surviving common-law partner of that individual who is not a veteran, who has acquired a subsequent common-law partner and whose subsequent common-law partner dies or who ceases to cohabit with that common-law partner; ( survivant ) veteran means any former member of the North West Field Force and any of the following persons, more particularly described in section 37, namely, (a) [Repealed, 2015, c. 3, s. 167] (b) a Canadian veteran of World War I or World War II, (b.1) a merchant navy veteran of World War I or World War II, (c) an allied veteran, (d) a Canadian dual service veteran, (e) an allied dual service veteran, (f) a Canadian Forces veteran, and (g) a Canadian merchant navy veteran of the Korean War. ( ancien combattant ) widow , widower or surviving spouse [Repealed, 2000, c. 12, s. 317] Surviving spouse of allied veteran (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. Survivor — limitation (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. R.S., 1985, c. W-3, s. 2; R.S., 1985, c. 7 (1st Supp.), s. 1, c. 12 (2nd Supp.), s. 9, c. 20 (3rd Supp.), s. 30; 1990, c. 43, s. 32; 1992, c. 24, s. 9; 1995, c. 17, s. 68, c. 18, s. 102; 1998, c. 21, ss. 121, 124; 1999, c. 10, s. 1; 2000, c. 12, s. 317, c. 34, ss. 69, 90(E), 94(F); 2009, c. 20, s. 1; 2015, c. 3, s. 167
War Veterans Allowance Act — W-3
adjudication means any decision, determination, refusal or award made under this Act pertaining to an allowance; ( décision )
War Veterans Allowance Act — W-3
allowance means an allowance payable under this Act; ( allocation )
War Veterans Allowance Act — W-3
base calendar year means the calendar year ending next before the current payment period; ( année civile de base )
War Veterans Allowance Act — W-3
blind has the meaning prescribed by regulations made under paragraph 25(q); ( aveugle )
War Veterans Allowance Act — W-3
Board means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act ; ( Tribunal )
War Veterans Allowance Act — W-3 (a)
child means a child of (a) a veteran, (b) a veteran’s survivor who, having been a recipient, marries and (i) whose spouse of that marriage dies, or (ii) whose marriage ends in dissolution or legal separation, or (c) a veteran’s survivor who, having been a recipient, acquires a common-law partner and (i) whose common-law partner dies, or (ii) who ceases to cohabit with that common-law partner, and includes an adopted child or a foster child of a veteran, and a child, adopted child or foster child of a veteran’s spouse or common-law partner; ( enfant )
War Veterans Allowance Act — W-3 (a)
common-law partner , in relation to an individual, means a person who is cohabiting with the individual at the relevant time in a conjugal relationship, having so cohabited for a period of at least one year. For greater certainty, (a) in the case of an individual’s death, the relevant time means the time of that death; and (b) common-law partners cease to be common-law partners when they cease to cohabit; ( conjoint de fait )
War Veterans Allowance Act — W-3
Consumer Price Index , in relation to any adjustment quarter, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , for each month in that adjustment quarter; ( indice des prix à la consommation )
War Veterans Allowance Act — W-3
current fiscal year [Repealed, 1998, c. 21, s. 121]
War Veterans Allowance Act — W-3
current payment period , in relation to a month, means the payment period that includes the month; ( période de paiement en cours )
War Veterans Allowance Act — W-3
Department means the Department of Veterans Affairs; ( ministère )
War Veterans Allowance Act — W-3 (a)
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; ( enfant à charge )
War Veterans Allowance Act — W-3 (a)
first adjustment quarter , in relation to a payment quarter, means, (a) if the payment quarter commences on the first day of April, the period of three months commencing on the first day of November next before that first day of April, (b) if the payment quarter commences on the first day of July, the period of three months commencing on the first day of February next before that first day of July, (c) if the payment quarter commences on the first day of October, the period of three months commencing on the first day of May next before that first day of October, and (d) if the payment quarter commences on the first day of January, the period of three months commencing on the first day of August next before that first day of January; ( premier trimestre de rajustement )
War Veterans Allowance Act — W-3
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; ( guerre de Corée )
War Veterans Allowance Act — W-3
Minister means the Minister of Veterans Affairs; ( ministre )
War Veterans Allowance Act — W-3 (a)
orphan means (a) a child who is bereft by death of his or her parents, (b) a child who is bereft by death of one parent and whose surviving parent has, in the opinion of the Minister, abandoned or deserted the child, or (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 which child, not being the child of any other recipient, is (d) under the age of eighteen years, (e) under the age of twenty-five years and following and making satisfactory progress in a course of instruction approved by the Minister, (f) under the age of twenty-one years and prevented by physical or mental incapacity from earning a livelihood, or (g) 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; ( orphelin )
War Veterans Allowance Act — W-3 (a)
parent includes (a) an adoptive or foster-parent, and (b) a parent’s spouse or common-law partner; ( parent )
War Veterans Allowance Act — W-3 (a)
payment period means (a) before April 1, 1998, the fiscal year, (b) the fifteen-month period that begins on April 1, 1998 and ends on June 30, 1999, and (c) after June 30, 1999, the twelve-month period that begins on July 1 of one year and ends on June 30 of the next year; ( période de paiement )
War Veterans Allowance Act — W-3
payment quarter means a period of three months commencing on the first day of April, July, October or January in any payment period; ( trimestre de paiement )
War Veterans Allowance Act — W-3
payment review period [Repealed, 2000, c. 34, s. 69]
War Veterans Allowance Act — W-3
personal information has the same meaning as in section 3 of the Privacy Act ; ( renseignements personnels )
War Veterans Allowance Act — W-3
previous fiscal year [Repealed, 1998, c. 21, s. 121]
War Veterans Allowance Act — W-3
previous payment period means the payment period ending next before the current payment period; ( période de paiement précédente )
War Veterans Allowance Act — W-3
recipient means any person to whom or on whose behalf payment of an allowance is authorized by this Act; ( allocataire ou bénéficiaire )
War Veterans Allowance Act — W-3
resistance group means any force that was raised during World War I or World War II, as delimited by subsection 37(10), in a country after it was occupied by an enemy of His Majesty in that War and that operated against that enemy; ( groupe de résistance )
War Veterans Allowance Act — W-3 (a)
second adjustment quarter , in relation to a payment quarter, means, (a) if the payment quarter commences on the first day of April, the period of three months commencing on the first day of August next before that first day of April, (b) if the payment quarter commences on the first day of July, the period of three months commencing on the first day of November next before that first day of July, (c) if the payment quarter commences on the first day of October, the period of three months commencing on the first day of February next before that first day of October, and (d) if the payment quarter commences on the first day of January, the period of three months commencing on the first day of May next before that first day of January; ( second trimestre de rajustement )
War Veterans Allowance Act — W-3
surviving common-law partner , in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a former common-law partner of that individual; ( conjoint de fait survivant )