GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
War Veterans Allowance Act — W-3 25
Regulations 25 The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without restricting the generality of the foregoing, may make regulations (a) prescribing the manner of making applications for allowances and the information and evidence to be furnished in connection with such applications; (a.1) prescribing an enactment for the purposes of subparagraph 4(3)(c)(ii); (b) prescribing the times and manner of payment of allowances and providing for adjustment of those payments in relation to the income of the recipient; (c) prescribing circumstances in which an applicant and their spouse or common-law partner, or a recipient and their spouse or common-law partner, are not residing together for the purposes of subsection 4(8); (d) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada; (e) [Repealed, 2000, c. 34, s. 80] (e.1) prescribing the amount, or prescribing the method of determining the amount, for the purposes of subsection 8.1(3) or (4); (f) and (g) [Repealed, R.S., 1985, c. 7 (1st Supp.), s. 7] (h) requiring recipients to report any change in their domestic circumstances; (i) [Repealed, 2000, c. 34, s. 80] (j) [Repealed, R.S., 1985, c. 7 (1st Supp.), s. 7] (k) prescribing the procedure to be followed in reviews of adjudications by an officer or employee of the Department designated by the Minister for that purpose and to give effect to adjudications; (l) [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 32] (m) [Repealed, 2000, c. 34, s. 80] (n) prescribing for the purposes of section 7 the maximum amount of (i) casual earnings of a person without a spouse or common-law partner, a person with a spouse or common-law partner and a person with a spouse or common-law partner who is a veteran, and (ii) interest income of a person without a spouse or common-law partner and a person with a spouse or common-law partner; (o) prescribing the terms and conditions for the deduction from an allowance of the amounts to be paid to the government of a province or to a municipal authority pursuant to subsection 17(2); (p) prescribing the monthly benefit deemed to be payable for the purposes of subparagraph 4(3)(c)(i); and (q) prescribing for the purposes of the schedule the meaning of blind . R.S., 1985, c. W-3, s. 25; R.S., 1985, c. 7 (1st Supp.), s. 7, c. 12 (2nd Supp.), s. 13, c. 20 (3rd Supp.), s. 32; 1990, c. 43, s. 37; 2000, c. 12, ss. 325, 326(F), 327(E), 331, c. 34, s. 80
War Veterans Allowance Act — W-3 26
Errors in administration may be rectified 26 Where, in the opinion of the Minister, an applicant for an allowance or a recipient has suffered a financial disadvantage as a result of an error on the part of any person in the exercise or performance of any powers, duties or functions of the person under this Act, the Minister may take such steps to remedy the disadvantage so suffered as the Minister deems reasonably necessary in the circumstances. R.S., c. W-5, s. 23; 1980-81-82-83, c. 19, s. 41; 1984, c. 19, s. 16
War Veterans Allowance Act — W-3 27
Review of adjudication 27 (1) Every adjudication by the Minister is subject to review by the Minister who may, for the purpose of any review, require the recipient to submit a statement of such facts as the Minister may consider relevant to determine the right of the recipient to have any allowance continued. Statement to be verified (2) Any statement submitted pursuant to subsection (1) shall be verified in such manner as the Minister may direct and in the event the recipient fails to furnish a statement as required, the Minister may reduce, suspend or cancel payment of the allowance. R.S., c. W-5, s. 24; 1984, c. 19, s. 23
War Veterans Allowance Act — W-3 28
28 [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 33]
War Veterans Allowance Act — W-3 29
Investigation 29 (1) The Minister has all the powers of a commissioner under Part I of the Inquiries Act for the purpose of any investigation required to be made in order to determine whether any allowance should be made, suspended or revoked, what should be the amount of any allowance, or whether payment of any allowance should be made to the recipient or to some other person for administration on behalf of the recipient. Taking oaths, etc. (2) Any officer or employee of the Department authorized by the Minister may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of the administration of this Act or the regulations, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for taking affidavits. Acceptance of oaths, etc. (3) The Minister may accept, for the purpose of the administration of this Act or the regulations, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any officer or employee of (a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act , or (b) a department of the government of a province who has all the powers of a commissioner for taking affidavits. R.S., 1985, c. W-3, s. 29; R.S., 1985, c. 20 (3rd Supp.), s. 33; 2000, c. 34, s. 82; 2003, c. 22, s. 222
War Veterans Allowance Act — W-3 30
Census information 30 (1) The Minister has the right, for the purpose of ascertaining the age of any applicant, to obtain any information from Statistics Canada on the subject of the age of the applicant that may be contained in the returns of any census taken more than twenty years before the date of the application for the information. Information that shall be made available to Minister (1.1) The following personal information relating to a veteran shall, if requested by the Minister, be made available to the Minister for the purpose of determining or verifying the veteran’s service in order to determine eligibility for an allowance under this Act or for a benefit under any enactment incorporating this Act by reference: (a) personal information collected or obtained by the Department of National Defence in the administration of the National Defence Act or the Queen’s Regulations and Orders for the Canadian Forces , or any predecessor enactment relating to the same subject-matter; (b) personal information collected or obtained by the Department of Transport in the administration of the Canada Shipping Act , or any predecessor enactment relating to the same subject-matter; and (c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act , or any predecessor enactment relating to the same subject-matter. Information that Minister may disclose (2) Personal information that has been collected or obtained by the Minister in the administration of this Act, or any enactment incorporating this Act by reference, may be disclosed by the Minister (a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain from that person or body information that the Minister requires for the administration of this Act or any other enactment administered by the Minister; (b) to any officer or employee of the Department, to the extent that the disclosure is required for the administration of this Act or any other enactment administered by the Minister; (c) to the Department of Employment and Social Development, to the extent that the disclosure is required for the administration of the Old Age Security Act or the Canada Pension Plan ; and (d) to the Correctional Service of Canada, to the extent that the disclosure is required for the administration of the Corrections and Conditional Release Act . Idem (3) Where Social Insurance Numbers have been assigned under the authority of any other Act, the Minister or other authority charged with the administration of that Act and the Minister of Veterans Affairs may exchange any information contained in applications for those numbers and any numbers so assigned and may make or cause to be made available any such information or numbers in such manner as may be authorized by that Act. R.S., 1985, c. W-3, s. 30; R.S., 1985, c. 20 (3rd Supp.), s. 34, c. 37 (3rd Supp.), s. 19; 1996, c. 11, s. 97; 2000, c. 34, ss. 84, 94(F); 2004, c. 11, s. 47; 2005, c. 35, s. 66; 2012, c. 19, s. 695; 2013, c. 40, s. 237
War Veterans Allowance Act — W-3 31
Additional duties of Minister 31 The Governor in Council may impose on the Minister duties similar to those performed by the Minister under this Act in respect of any allowances authorized to be paid under any other Act, and such effect shall be given to any such adjudication by the Minister as the Governor in Council may direct. R.S., 1985, c. W-3, s. 31; R.S., 1985, c. 20 (3rd Supp.), s. 35
War Veterans Allowance Act — W-3 32
Review by departmental official 32 (1) Where an applicant for an allowance or a recipient is dissatisfied with any adjudication affecting him or her, other than an adjudication under section 18 or on an appeal under subsection (2) of this section, he or she may, in accordance with the regulations, apply to an officer or employee of the Department designated by the Minister for the purpose for a review of the adjudication. Appeal to Veterans Appeal Board (2) Where, following a review under subsection (1), the applicant or recipient remains dissatisfied with the adjudication, he or she may appeal the adjudication to the Board, within sixty days after the adjudication is rendered or such longer period as the Board may, for special reasons, allow. (3) to (5) [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 36] R.S., 1985, c. W-3, s. 32; R.S., 1985, c. 7 (1st Supp.), s. 8, c. 20 (3rd Supp.), s. 36; 2000, c. 34, ss. 85, 90(E)
War Veterans Allowance Act — W-3 34
Administration of Act 34 (1) Subject to this Act, the Minister shall be charged with the administration of this Act and the determination of whether any allowance is payable and the amount thereof. Income information (1.1) Subject to section 7, the Minister may, in determining whether an allowance is payable and the amount of the allowance, consider any statement or estimate of income respecting the recipient or their spouse or common-law partner that is being used for the purpose of the Old Age Security Act or the Income Tax Act . Authorization of others to carry out functions, etc. (2) The Minister may authorize any person to exercise and perform any of the powers, duties or functions of the Minister under this Act. R.S., 1985, c. W-3, s. 34; 2000, c. 34, s. 86
War Veterans Allowance Act — W-3 34.1
Forms 34.1 Every application, statement, notification, consent or report required or permitted by this Act, or by any enactment incorporating this Act by reference, must be made or given in the form required by the Minister. 2000, c. 34, s. 87
War Veterans Allowance Act — W-3 34.2
Combining information 34.2 The Minister may combine in any single document, and in any electronic form, the collection of personal information required for the purposes of this Act and other enactments administered by the Minister. 2000, c. 34, s. 87
War Veterans Allowance Act — W-3 35
Benefit of the doubt 35 In all adjudications or proceedings under this Act, the Minister shall (a) draw from all the circumstances of the case and all the evidence presented to the Minister every reasonable inference in favour of the applicant or recipient; (b) accept any uncontradicted evidence presented to the Minister by the applicant or recipient that the Minister considers to be credible in the circumstances; and (c) resolve in favour of the applicant or recipient any doubt, in the weighing of evidence, as to whether the applicant or recipient has established a case. R.S., 1985, c. W-3, s. 35; R.S., 1985, c. 20 (3rd Supp.), s. 37; 1990, c. 43, s. 39
War Veterans Allowance Act — W-3 36
Immunity 36 No action or other proceeding lies or shall be instituted against any person for or in respect of anything done, reported or said in good faith in any adjudication or proceedings before the Minister or anything reported or said in good faith in any material, information or report made or furnished by any person at the request of the Minister. R.S., 1985, c. W-3, s. 36; R.S., 1985, c. 20 (3rd Supp.), s. 37
War Veterans Allowance Act — W-3 36.1
Disclosure in legal proceedings 36.1 Notwithstanding any other Act or law, no member of the federal public administration shall be required to disclose personal information that has been collected or obtained for the purpose of this Act, or any enactment incorporating this Act by reference, in any legal proceedings except (a) criminal proceedings; or (b) proceedings on a review, appeal, reconsideration or judicial review relating to an application made under this Act or any enactment incorporating this Act by reference. 2000, c. 34, s. 88; 2003, c. 22, s. 224(E)
War Veterans Allowance Act — W-3 37
rmer member of His Majesty’s Canadian forces or a merchant navy veteran of World War II, any place where the person has been on service involving duties performed outside the Western Hemisphere, including (A) service involving duties performed outside Canada, Newfoundland, the United States, Saint Pierre and Miquelon and the territorial waters thereof in aircraft, and (B) service anywhere in a ship or other vessel, which service is classed as “sea time” for the purpose of advancement of naval ratings, or which would be so classed were the ship or other vessel in the service of the naval forces of Canada, and (ii) with respect to a former member of His Majesty’s forces other than His Majesty’s Canadian forces, or of any of the forces of His Majesty’s Allies or powers associated with His Majesty in World War II, such places, zones or areas as the Board may prescribe. Meaning of sea time (8.1) For the purposes of clause (8)(c)(i)(B), sea time for the purpose of advancement of naval ratings includes time served in (a) a sea-going ship, (b) a defensively-equipped merchant ship, or (c) any ship employed in harbour, other than a boom defence scow, gate vessel, depot ship or harbour craft, as well as time served in combined operations organizations, but does not include time served on any ship prior to its commissioning. Definition of commuted pension (9) For the purposes of this section, commuted pension means a final payment under the Pension Act in lieu of annual pension in respect of a disability rated at five per cent or more of total disability, or a similar or analogous final payment under the laws relating to the forces with which the veteran served. Commencement and duration of wars (10) For the purpose of this section, except subparagraphs (3)(a)(ii) to (iv) and paragraphs (4)(e) to (g), (a) [Repealed, 2015, c. 3, s. 168] (b) World War I shall be deemed to have commenced on August 4, 1914 and to have concluded on August 31, 1921; and (c) World War II shall be deemed to have commenced on September 1, 1939 and to have terminated (i) in respect of service in connection with operations in the European and Mediterranean theatres of war, on May 8, 1945, and (ii) in respect of service in connection with operations in the Pacific theatre of war, on August 15, 1945. Application to Newfoundland (11) For the purposes of this Act, Canadian forces includes any forces raised in Newfoundland, and domicile in Canada and residence in Canada include respectively domicile and residence in Newfoundland, whether before or after the union of Newfoundland with Canada. (12) [Repealed, R.S., 1985, c. 12 (2nd Supp.), s. 14] R.S., 1985, c. W-3, s. 37; R.S., 1985, c. 12 (2nd Supp.), s. 14, c. 20 (3rd Supp.), s. 38(F); 1992, c. 24, s. 11; 1995, c. 17, s. 71; 1999, c. 10, s. 3; 2000, c. 34, ss. 89, 90(E); 2003, c. 27, s. 10; 2009, c. 20, s. 4; 2015, c. 3, s. 168
War Veterans Allowance Act — W-3
allied ship means a ship other than a Canadian ship or a ship serving the enemy, and includes a ship that belonged to a government of an enemy-occupied country, or to a person resident in an enemy-occupied country, and that was placed under Canadian or allied control. ( navire allié )
War Veterans Allowance Act — W-3
Canadian manning pool means a manning pool of the Canadian merchant navy established under Order in Council P.C. 14/3550 of May 19, 1941. ( dépôt d’équipages canadien )
War Veterans Allowance Act — W-3 (a)
Canadian ship means (a) a ship registered or licensed in Canada or Newfoundland, except (i) a ship chartered by bareboat charter to a charterer resident outside Canada or Newfoundland, or (ii) a ship taken over and operated by any allied country; and (b) a ship, wherever registered or licensed, having a crew engaged under the laws of Canada or Newfoundland and (i) chartered by bareboat charter to a charterer resident in Canada or Newfoundland, or (ii) taken over and operated by, under the control of, or on behalf of the Canadian Shipping Board or a Canadian naval authority. ( navire canadien )
War Veterans Allowance Act — W-3 (a)
distressed mariner means a person who was in distress in a place outside Canada or Newfoundland, having been shipwrecked, discharged or left behind from a ship on which the person was engaged, and who received or was entitled to receive relief under (a) the Distressed Seamen Regulations , made by Order in Council P.C. 609 of March 23, 1937, as those regulations read at the relevant time; or (b) Order in Council P.C. 8592 of November 9, 1943. ( en détresse )
War Veterans Allowance Act — W-3
foreign voyage means a voyage from or to any place outside the area of a home-trade voyage. ( voyage de long cours )
War Veterans Allowance Act — W-3
home-trade voyage means a voyage between places in Canada, Newfoundland, the United States or Saint Pierre and Miquelon, in the course of which the ship did not go south of 36° North latitude or through the Bering Strait. ( voyage de cabotage )
War Veterans Allowance Act — W-3 (a)
territorial waters of Canada means all waters within three nautical miles of any of the coasts, bays, creeks or harbours of Canada and Newfoundland, not included within the limits specified and described in the first article of the convention between His Majesty King George III and the United States, signed at London on October 20, 1818, and includes all waters that, pursuant to Order in Council P.C. 3139 of December 18, 1937, were delimited as Canadian territorial waters, but does not include (a) the waters of the St. Lawrence River seaward from a line drawn due south across that river from the mouth of the Saguenay River; or (b) the waters of the Strait of Juan de Fuca westward beyond 124° 30′ West longitude. ( eaux territoriales du Canada )
War Veterans Allowance Act — W-3 (a)
war risk bonus means the pay supplement that was 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 )
War Veterans Allowance Act — W-3 10
10 (2) Subsection (1) does not apply in respect of any person found by the Veterans Review and Appeal Board, in a decision rendered by that Board before this Act is assented to, to be a “veteran” within the meaning of subparagraph 37(3)(a)(i) of the War Veterans Allowance Act as it read immediately before that assent.
War Veterans Allowance Act — W-3 5
October 14, 2008 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.
War Veterans Allowance Act — W-3 6
Veterans Health Care Regulations and Veterans Burial Regulations, 2005 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.
War Veterans Allowance Act — W-3 7
Assistance Fund (W.V.A. and C.W.A.) Regulations 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.
War Veterans Allowance Act — W-3 159
Retroactive pension 159 If, on the day on which this Division comes into force, a person is or has been in receipt of war veterans allowance referred to in subsection 32(2) of the Pension Act as it read immediately before that day and, on or after that day, is awarded a retroactive pension or a retroactive increase of pension under that Act, then any pension payments made under that Act in respect of a month the whole of which is before that day are subject to that subsection 32(2) and to section 13 of the War Veterans Allowance Act as they read immediately before that day.
Dominion Water Power Act — W-4 1
Short title 1 This Act may be cited as the Dominion Water Power Act . R.S., c. W-6, s. 1