GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Civil Service Insurance Act — C-31.6 15
Tables to be constructed 15 (1) The Minister shall cause tables to be constructed fixing the premiums to be paid by the insured to the Minister as the consideration for insurance contracts, and also all other tables necessary for the carrying out of the provisions of this Act. Basis of same (2) All such tables shall be based on the H.M. Mortality Table of the Institute of Actuaries of Great Britain, and on a rate of interest of six per cent per annum, and no allowance shall be made for expenses. Premiums how payable (3) The tables shall be framed so that the premium to obtain an insurance contract may be paid in one sum, or in annual, semi-annual, quarterly, or monthly instalments, and either during the life of the insured or during a limited period. R.S., 1927, c. 23, s. 15
Civil Service Insurance Act — C-31.6 16
Amount of insurance 16 The minimum and maximum amounts payable at death that may be contracted for under this Act are one thousand dollars and ten thousand dollars, respectively. R.S., 1927, c. 23, s. 16
Civil Service Insurance Act — C-31.6 17
Medical certificate 17 Every applicant for insurance shall furnish with his application a medical certificate in such form as is prescribed by the Minister. R.S., 1927, c. 23, s. 17
Civil Service Insurance Act — C-31.6 17.1
Designation of beneficiaries 17.1 Despite any other provision of this Act, an insured may, in a declaration, an insurance contract, a will or an instrument purporting to be a will, designate as beneficiary the insured’s child, spouse, common-law partner, father, mother, brother, sister or any other person dependent on the insured, apportioned among them as the insured sees fit. 2000, c. 12, s. 79
Civil Service Insurance Act — C-31.6 18
Regulations by Governor in Council 18 The Governor in Council may, for the purposes of this Act, from time to time make regulations for (a) regulating the mode and form of making contracts; (b) prescribing the mode of proving the age, identity, and the existence or death of persons; (c) prescribing the mode of paying money in connection with insurance contracts; (d) providing for the payment of the insurance money as an annuity for a term of years certain or for the lifetime of the beneficiary or beneficiaries or otherwise, and prescribing from time to time the tables to be used in the calculations of such annuities; (e) dispensing with the production of probate of a will or letters of administration, either generally or in any particular class of cases; (f) prescribing the accounts to be kept and their management; (g) determining beforehand the cases or classes of cases in which an insurance contract may be surrendered and a cash surrender value paid therefor, or a free or paid-up insurance contract issued instead thereof, and for prescribing the manner in which such cash surrender value or amount of paid-up insurance shall be determined; (h) determining the cases, not otherwise provided for in this Act, in which a person not originally named as, but who is eligible under this Act to be a beneficiary may be made a beneficiary; and in which an apportionment of the insurance money once made may be varied; and (i) any other purpose for which it is deemed expedient to make regulations in order to carry this Act into effect. R.S., 1952, c. 49, s. 18; 1974-75-76, c. 42, s. 9
Civil Service Insurance Act — C-31.6 20
Moneys part of Consolidated Revenue Fund 20 Moneys received under this Act form part of the Consolidated Revenue Fund, and moneys payable under this Act are payable out of the Consolidated Revenue Fund. R.S., 1927, c. 23, s. 20
Civil Service Insurance Act — C-31.6 21
Annual reports 21 (1) The Superintendent of Financial Institutions shall, not later than June 30 in each fiscal year, submit to the Minister a statement showing the amount received for premiums during the preceding fiscal year and the amount of all sums paid in connection with insurance contracts during that fiscal year. Tabling (2) The Minister shall cause each statement to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it. R.S., 1952, c. 49, s. 21; 1992, c. 1, s. 42
Civil Service Insurance Act — C-31.6 Act not to apply
Act not to apply * 10 The amendments made by this Act do not apply in respect of insurance contracts under which insurance money became due and payable before the coming into force of this Act. * [Note: Act in force on assent April 24, 1975.]
Civil Service Insurance Act — C-31.6 40
Application 40 (2) Subsection 14(1) of the said Act, as enacted by subsection (1), does not apply in respect of insurance contracts under which insurance money became due and payable before April 24, 1975.
Clarity Act — C-31.8 Preamble
Preamble WHEREAS the Supreme Court of Canada has confirmed that there is no right, under international law or under the Constitution of Canada, for the National Assembly, legislature or government of Quebec to effect the secession of Quebec from Canada unilaterally;
Clarity Act — C-31.8
WHEREAS any proposal relating to the break-up of a democratic state is a matter of the utmost gravity and is of fundamental importance to all of its citizens;
Clarity Act — C-31.8
WHEREAS the government of any province of Canada is entitled to consult its population by referendum on any issue and is entitled to formulate the wording of its referendum question;
Clarity Act — C-31.8
WHEREAS the Supreme Court of Canada has determined that the result of a referendum on the secession of a province from Canada must be free of ambiguity both in terms of the question asked and in terms of the support it achieves if that result is to be taken as an expression of the democratic will that would give rise to an obligation to enter into negotiations that might lead to secession;
Clarity Act — C-31.8
WHEREAS the Supreme Court of Canada has stated that democracy means more than simple majority rule, that a clear majority in favour of secession would be required to create an obligation to negotiate secession, and that a qualitative evaluation is required to determine whether a clear majority in favour of secession exists in the circumstances;
Clarity Act — C-31.8
WHEREAS the Supreme Court of Canada has confirmed that, in Canada, the secession of a province, to be lawful, would require an amendment to the Constitution of Canada, that such an amendment would perforce require negotiations in relation to secession involving at least the governments of all of the provinces and the Government of Canada, and that those negotiations would be governed by the principles of federalism, democracy, constitutionalism and the rule of law, and the protection of minorities;
Clarity Act — C-31.8
WHEREAS, in light of the finding by the Supreme Court of Canada that it would be for elected representatives to determine what constitutes a clear question and what constitutes a clear majority in a referendum held in a province on secession, the House of Commons, as the only political institution elected to represent all Canadians, has an important role in identifying what constitutes a clear question and a clear majority sufficient for the Government of Canada to enter into negotiations in relation to the secession of a province from Canada;
Clarity Act — C-31.8
AND WHEREAS it is incumbent on the Government of Canada not to enter into negotiations that might lead to the secession of a province from Canada, and that could consequently entail the termination of citizenship and other rights that Canadian citizens resident in the province enjoy as full participants in Canada, unless the population of that province has clearly expressed its democratic will that the province secede from Canada;
Clarity Act — C-31.8
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Clarity Act — C-31.8 1
House of Commons to consider question 1 (1) The House of Commons shall, within thirty days after the government of a province tables in its legislative assembly or otherwise officially releases the question that it intends to submit to its voters in a referendum relating to the proposed secession of the province from Canada, consider the question and, by resolution, set out its determination on whether the question is clear. Extension of time (2) Where the thirty days referred to in subsection (1) occur, in whole or in part, during a general election of members to serve in the House of Commons, the thirty days shall be extended by an additional forty days. Considerations (3) In considering the clarity of a referendum question, the House of Commons shall consider whether the question would result in a clear expression of the will of the population of a province on whether the province should cease to be part of Canada and become an independent state. Where no clear expression of will (4) For the purpose of subsection (3), a clear expression of the will of the population of a province that the province cease to be part of Canada could not result from (a) a referendum question that merely focuses on a mandate to negotiate without soliciting a direct expression of the will of the population of that province on whether the province should cease to be part of Canada; or (b) a referendum question that envisages other possibilities in addition to the secession of the province from Canada, such as economic or political arrangements with Canada, that obscure a direct expression of the will of the population of that province on whether the province should cease to be part of Canada. Other views to be considered (5) In considering the clarity of a referendum question, the House of Commons shall take into account the views of all political parties represented in the legislative assembly of the province whose government is proposing the referendum on secession, any formal statements or resolutions by the government or legislative assembly of any province or territory of Canada, any formal statements or resolutions by the Senate, any formal statements or resolutions by the representatives of the Aboriginal peoples of Canada, especially those in the province whose government is proposing the referendum on secession, and any other views it considers to be relevant. No negotiations if question not clear (6) The Government of Canada shall not enter into negotiations on the terms on which a province might cease to be part of Canada if the House of Commons determines, pursuant to this section, that a referendum question is not clear and, for that reason, would not result in a clear expression of the will of the population of that province on whether the province should cease to be part of Canada.
Clarity Act — C-31.8 2
House of Commons to consider whether there is a clear will to secede 2 (1) Where the government of a province, following a referendum relating to the secession of the province from Canada, seeks to enter into negotiations on the terms on which that province might cease to be part of Canada, the House of Commons shall, except where it has determined pursuant to section 1 that a referendum question is not clear, consider and, by resolution, set out its determination on whether, in the circumstances, there has been a clear expression of a will by a clear majority of the population of that province that the province cease to be part of Canada. Factors for House of Commons to take into account (2) In considering whether there has been a clear expression of a will by a clear majority of the population of a province that the province cease to be part of Canada, the House of Commons shall take into account (a) the size of the majority of valid votes cast in favour of the secessionist option; (b) the percentage of eligible voters voting in the referendum; and (c) any other matters or circumstances it considers to be relevant. Other views to be considered (3) In considering whether there has been a clear expression of a will by a clear majority of the population of a province that the province cease to be part of Canada, the House of Commons shall take into account the views of all political parties represented in the legislative assembly of the province whose government proposed the referendum on secession, any formal statements or resolutions by the government or legislative assembly of any province or territory of Canada, any formal statements or resolutions by the Senate, any formal statements or resolutions by the representatives of the Aboriginal peoples of Canada, especially those in the province whose government proposed the referendum on secession, and any other views it considers to be relevant. No negotiations unless will clear (4) The Government of Canada shall not enter into negotiations on the terms on which a province might cease to be part of Canada unless the House of Commons determines, pursuant to this section, that there has been a clear expression of a will by a clear majority of the population of that province that the province cease to be part of Canada.
Clarity Act — C-31.8 3
Constitutional amendments 3 (1) It is recognized that there is no right under the Constitution of Canada to effect the secession of a province from Canada unilaterally and that, therefore, an amendment to the Constitution of Canada would be required for any province to secede from Canada, which in turn would require negotiations involving at least the governments of all of the provinces and the Government of Canada. Limitation (2) No Minister of the Crown shall propose a constitutional amendment to effect the secession of a province from Canada unless the Government of Canada has addressed, in its negotiations, the terms of secession that are relevant in the circumstances, including the division of assets and liabilities, any changes to the borders of the province, the rights, interests and territorial claims of the Aboriginal peoples of Canada, and the protection of minority rights.
Civilian War-related Benefits Act — C-31 1
Short title 1 This Act may be cited as the Civilian War-related Benefits Act . R.S., 1985, c. C-31, s. 1; 1992, c. 24, s. 2; 1999, c. 10, s. 19
Civilian War-related Benefits Act — C-31 2
Definitions 2 (1) In Parts I to X, Commission [Repealed, 1995, c. 18, s. 79] Minister means the Minister of Veterans Affairs or such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre ) War means the war waged by His Majesty and His Majesty’s Allies against Germany and Germany’s Allies, which for the purposes of this Act shall be deemed to have commenced on September 1, 1939 and to have terminated on April 1, 1947. ( guerre ) References to pension and allowance rates (2) A reference in this Act to any rate or rates set out in Schedule I, II or III of the Pension Act shall be construed as a reference to that rate or those rates as increased by virtue of Part V of that Act. R.S., 1985, c. C-31, s. 2; 1995, c. 18, s. 79; 1999, c. 10, s. 20; 2000, c. 34, s. 94(F)
Civilian War-related Benefits Act — C-31
Commission [Repealed, 1995, c. 18, s. 79]
Civilian War-related Benefits Act — C-31
Minister means the Minister of Veterans Affairs or such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre )
Civilian War-related Benefits Act — C-31
War means the war waged by His Majesty and His Majesty’s Allies against Germany and Germany’s Allies, which for the purposes of this Act shall be deemed to have commenced on September 1, 1939 and to have terminated on April 1, 1947. ( guerre )
Civilian War-related Benefits Act — C-31 2.1
Persons considered to be members of certain groups 2.1 A person who served in a theatre of actual war, within the meaning of paragraph 37(8)(b) or (c) of the War Veterans Allowance Act , with a group or organization mentioned in Part II.1, III, VII.1 or X or paragraph (e), (f), (h) or (i) of the definition civilian in subsection 56(1) in an auxiliary, reserve, junior, support or ground crew capacity, whether or not the person was enrolled as a member of that group or organization, shall, for the purposes of that Part or paragraph, be considered to have been a member of that group or organization if the person functioned closely with, or functioned alongside, that group or organization under conditions of service that were substantially similar to wartime conditions of service of a member of the forces. 2000, c. 34, s. 1
Civilian War-related Benefits Act — C-31 3
Claims to be dealt with as claims under Pension Act 3 All claims for pensions, allowances and compensation under Parts I to X shall be dealt with and adjudicated on in like manner as claims under the Pension Act and all the provisions of the Pension Act not inconsistent with Parts I to X, with such modifications as the circumstances require, apply to every claim under Parts I to X. R.S., c. C-20, s. 3
Civilian War-related Benefits Act — C-31 5
Status of males and females 5 Male and female persons under this Act have equality of status and equal rights and obligations under this Act. R.S., 1985, c. C-31, s. 5; 1992, c. 24, s. 3
Civilian War-related Benefits Act — C-31 6
Definitions 6 The definitions in this section apply in this Part. Canadian salt water fisher means a British subject who served on a ship engaged in the salt water fishing industry of Canada or Newfoundland. ( pêcheur canadien en eau salée ) enemy action or counteraction against the enemy includes marine hazards occasioned by the War and encountered by a ship engaged in the salt water fishing industry of Canada or Newfoundland, when it was employed on a voyage that in the opinion of the Minister was essential to the prosecution of the War on behalf of His Majesty or His Majesty’s allies. ( opération de l’ennemi ou contre-opération ) R.S., 1985, c. C-31, s. 6; 1992, c. 24, s. 3; 1999, c. 10, s. 22
Civilian War-related Benefits Act — C-31
Canadian salt water fisher means a British subject who served on a ship engaged in the salt water fishing industry of Canada or Newfoundland. ( pêcheur canadien en eau salée )
Civilian War-related Benefits Act — C-31
enemy action or counteraction against the enemy includes marine hazards occasioned by the War and encountered by a ship engaged in the salt water fishing industry of Canada or Newfoundland, when it was employed on a voyage that in the opinion of the Minister was essential to the prosecution of the War on behalf of His Majesty or His Majesty’s allies. ( opération de l’ennemi ou contre-opération )
Civilian War-related Benefits Act — C-31 7
Canada Shipping Act to apply 7 For the purposes of this Part, 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 regulations made thereunder, as that Act and those regulations read at the relevant time. R.S., 1985, c. C-31, s. 7; 1999, c. 10, s. 22
Civilian War-related Benefits Act — C-31 8
Evidence 8 For the purposes of this Part, where official records of a person’s service, or of injuries or disease suffered or contracted by a person during service, are not available, the Minister may accept a statutory declaration or like statement from anyone if (a) information about the existence of any registered or licensed ship on which the person claims to have served is corroborated by official records; (b) no information in the declaration or statement is contradicted by other evidence; and (c) 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. R.S., 1985, c. C-31, s. 8; 1992, c. 24, s. 4; 1995, c. 18, s. 80; 1999, c. 10, s. 23
Civilian War-related Benefits Act — C-31 9
Pensions and allowances 9 Subject to this Part, a pension, attendance allowance, clothing allowance and exceptional incapacity allowance in accordance with the rates set out in Schedules I, II and III to the Pension Act may be awarded to or in respect of any person, other than a pensioner within the meaning of that Act, who, during the War and as a direct result of enemy action or counteraction against the enemy, suffered or contracted injury or disease or aggravation thereof resulting in disability or death, while that person was a Canadian salt water fisher. R.S., 1985, c. C-31, s. 9; 1992, c. 24, s. 4; 1999, c. 10, s. 24
Civilian War-related Benefits Act — C-31 9.1
Compensation otherwise payable 9.1 No pension shall be awarded under this Part in respect of any disability or death for which compensation is payable under the Merchant Seamen Compensation Act or the Government Employees Compensation Act or any workers’ compensation or similar laws unless evidence satisfactory to the Minister is provided that a claim for that compensation has not been made and unless the person entitled to that compensation submits to the Minister a waiver, in a form approved by the Minister, of all claims for that compensation in respect of disability or death. 1999, c. 10, s. 24
Civilian War-related Benefits Act — C-31 10
Presumption of death 10 The Minister may, for the purposes of this Part, 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. R.S., 1985, c. C-31, s. 10; 1995, c. 18, s. 85
Civilian War-related Benefits Act — C-31 12
Person not a Canadian citizen or resident of Canada 12 Notwithstanding anything in this Part, where a person entitled to a pension under this Part is not a Canadian citizen and is not a resident of Canada, the Minister may, in lieu of that pension, award such pension or such lump sum as the Minister deems commensurate with the pension that would be payable under this Part to the person if he were a Canadian citizen or a resident of Canada, having regard to comparative living costs and such other matters that may affect the value of the pension, but no pension or amount awarded under this section shall exceed the amount of pension that would be payable to the person under this Part if he were a Canadian citizen or a resident of Canada. R.S., 1985, c. C-31, s. 12; 1995, c. 18, s. 85
Civilian War-related Benefits Act — C-31 16
Definitions 16 In this Part, helper means a person who was employed and paid by Canadian Legion War Services Inc., The National Council of the Young Men’s Christian Association of Canada, Knights of Columbus Canadian Army Huts or Salvation Army Canadian War Services to assist supervisors and who proceeded from Canada for attachment to (a) the Canadian naval forces under the authority of the Chief of Naval Personnel, (b) active units and formations of the Canadian army forces under the authority of the Adjutant-General, or (c) active units and formations of the Canadian air forces under the authority of the Air Member for Personnel; ( auxiliaire ) member of the Overseas Headquarters Staff means a person who is not a supervisor or helper and who was a member of the Headquarters Staff of, and was employed and paid by, Canadian Legion War Services Inc., The National Council of the Young Men’s Christian Association of Canada, Knights of Columbus Canadian Army Huts or Salvation Army Canadian War Services and who proceeded from Canada under the authority of the Chief of Naval Personnel, the Adjutant-General or Air Member for Personnel; ( membre du personnel central d’outre-mer ) supervisor means an authorized field representative of Canadian Legion War Services Inc., The National Council of the Young Men’s Christian Association of Canada, Knights of Columbus Canadian Army Huts or Salvation Army Canadian War Services who directly provided services and recreational equipment to any of the Canadian naval, army or air forces and who was selected and approved by, and proceeded from Canada under the authority of, the Chief of Naval Personnel, the Adjutant-General or Air Member for Personnel. ( surveillant ) R.S., c. C-20, s. 17