War Veterans Allowance Act — W-3 37
as paid to ships’ crews serving in dangerous waters (a) by shipowners or shipping companies under the authority of decisions, findings or directions of the National War Labour Board pursuant to (i) the Wartime Wages and Cost of Living Bonus Order , Order in Council P.C. 8253 of October 24, 1941, (ii) the Wartime Wages Control Order , Order in Council P.C. 5963 of July 10, 1942, or (iii) the Wartime Wages Control Order, 1943 , Order in Council P.C. 9384 of December 9, 1943, as those respective orders read at the relevant time; or (b) by the Government of Canada pursuant to Order in Council P.C. 122/7359 of August 19, 1942, as it read at the relevant time. ( indemnité pour risques de guerre ) Applicable rules (7.2) The following rules apply for the purposes of this section: (a) the status of a vessel and of the members of its crew, and the class of voyage in which a vessel was engaged, shall be determined according to the Canada Shipping Act, 1934 and the regulations made thereunder, as that Act and those regulations read at the relevant time; (b) the official records verifying the authenticity of any ship, other than a ship registered in Canada or Newfoundland, shall be those used under international practice or under the laws of the country of registration; (c) a ship does not qualify as a Canadian ship or an allied ship if, at the relevant time, (i) it was neither registered nor licensed, (ii) it was a pleasure yacht not engaged in trade, or (iii) it was engaged in the fishing industry; (d) where official records of a person’s service as a merchant navy veteran of World War I or World War II or as a Canadian merchant navy veteran of the Korean War are not available, the Minister may accept a statutory declaration or like statement from anyone if (i) information about the existence of any registered or licensed ship on which it is claimed that the person served is corroborated by official records, (ii) no information in the declaration or statement is contradicted by other evidence, and (iii) after taking into consideration such corroboration as may be available, the Minister is satisfied, on the balance of probabilities, that the information in the declaration or statement is true, but this paragraph does not apply in relation to subparagraph (7.3)(a)(i) with respect to the availability of war risk bonus; (e) a person’s domicile shall be understood as meaning the person’s domicile at the commencement of the service, activity or status referred to in paragraph (7.3)(d); and (f) the Minister may presume death in every case where, according to the evidence available as to the circumstances surrounding the disappearance of the person whose death is in question or the loss of the ship on which the person was serving, the Minister is satisfied beyond a reasonable doubt that the death has in fact occurred. Merchant navy veteran of World War I or World War II (7.3) A merchant navy veteran of World War I or World War II is (a) any person who, during World War I or World War II, served on board a Canadian ship while it was making (i) a voyage for which war risk bonus was available, as verified by articles of agreement or other official documentation, (ii) a foreign voyage, (iii) a home-trade voyage any part of which went outside the territorial waters of Canada and the territorial waters of all other countries and was (A) between a place in Canada and a place in the United States, in either direction, (B) between a place in one province and a place in another province, (C) between a place in Newfoundland or Saint Pierre and Miquelon and a place outside Newfoundland and Saint Pierre and Miquelon, in either direction, or (D) a search and rescue, salvage, cable-laying or cable-repairing operation, or (iv) a voyage during the course of which (A) the ship served on, or another Canadian or allied ship in the vicinity of the ship served on, was attacked by the enemy, or (B) the ship served on was attacked or damaged (I) by friendly forces eng