GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
War Service Grants Act — W-2.5 (a)
home means a house or building intended for human habitation and owned (a) solely by the member, (b) by the member’s spouse or jointly by the member and his spouse, (c) by a parent of the member who is dependent upon the member for support, (d) jointly by the parents of the member, one of whom is dependent upon the member for support, or (e) jointly by the member and one or both of his parents, and used or to be used by the member as his dwelling, together with the land upon which it is situated including in the case of a farm, land used therewith for the purpose of farming; ( habitation )
War Service Grants Act — W-2.5
member of the forces and member mean any person who was on service in the forces during the war that commenced in September 1939 and include any person who served in the Canadian Women’s Army Corps since the 13th day of August 1941; ( membre des forces ou membre )
War Service Grants Act — W-2.5
Minister means the Minister of Veterans Affairs; ( Ministre )
War Service Grants Act — W-2.5 (a)
misconduct includes (a) the commission of an offence under the National Defence Act , the Naval Discipline Act , the Army Act or the Air Force Act , of which the member was convicted by a court-martial, including in the case of naval forces, a disciplinary court, or of which he was found guilty upon summary disposition of the charge, (b) the commission of an offence of which the member was convicted by a court of competent jurisdiction, and (c) such misconduct as might, in the case of an officer, result in his removal from the forces; ( mauvaise conduite )
War Service Grants Act — W-2.5
overseas service means any service involving duties required to be performed outside the Western Hemisphere, and includes service involving duties required to be performed outside Canada and the United States and the territorial waters thereof in aircraft or anywhere in a ship or other vessel, service in which 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; ( service outre-mer )
War Service Grants Act — W-2.5 (a)
pay and allowances includes dependants’ allowance together with all other allowances calculable and payable on a daily basis except (a) kit upkeep allowances, (b) underclothing allowances, (c) travelling allowances, (d) lodging and provisional allowance or subsistence allowance as the case may be in excess of the standard rates payable in Canada at the date of discharge, and (e) any special allowance payable overseas but not payable in respect of service in Canada; ( solde et allocations )
War Service Grants Act — W-2.5
purchase of a business includes the purchase of an interest in an existing partnership and the advance of capital for a new partnership, if the partnership business is to be the main occupation of the member and he intends to participate actively in that business; ( achat d’un fonds de commerce )
War Service Grants Act — W-2.5 (a)
service means time served on active service in the forces (a) while enlisted or obligated to serve without territorial limitation, (b) in the Aleutian Islands, the United Kingdom or the European or the Mediterranean operational theatres, or (c) while proceeding from Canada to any of the places mentioned in paragraph (b) or returning from any of those places to Canada; ( service )
War Service Grants Act — W-2.5
Western Hemisphere means the continents of North and South America, the islands adjacent thereto and the territorial waters thereof, including Newfoundland, Bermuda and the West Indies, but excluding Greenland, Iceland and the Aleutian Islands. ( hémisphère occidental )
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Cessation of entitlement 4 (1) No member or former member of the naval, army or air forces of His Majesty is entitled to any gratuity or credit under this Act in respect of service in such forces subsequent to (a) the day of his acceptance as a member of the permanent naval or army forces or the regular air force of Canada if he is so accepted after the 31st day of March 1946; (b) the 31st day of March 1946 if on that day he is a member of the permanent naval or army forces or the regular air force of Canada serving on active service; or (c) the 31st day of March 1946 if he volunteers and is accepted for service in the naval, army or air forces of Canada for a special period terminating on or after the 30th day of September 1947, unless he was serving on overseas service on the 31st day of August 1945, and remains continuously on the strength of an establishment or unit or ship on overseas service, in which case he is entitled to such gratuity and credit in respect of all such service. Full gratuity and credit (2) A member or former member of the naval, army or air forces of Canada entitled to a gratuity or credit under this Act is entitled to such gratuity and credit in respect of all his full-time service as such, if he is not accepted as a member of the permanent naval or army forces or the regular air force of Canada or is not accepted for service in the naval, army or air forces of Canada for a special period terminating on or after the 30th day of September 1947. Regulations (3) The Governor in Council may make such regulations as may be advisable to provide for the termination of entitlement under this Act of persons not mentioned in subsection (1) or (2). R.S., 1952, c. 289, s. 4
War Service Grants Act — W-2.5 5
Payment in case of death 5 (1) Where a member of the forces dies on service or after discharge but before he has been paid gratuity in full, payment of the gratuity or the unpaid balance thereof shall be made (a) to a person who was in receipt of or who, in the opinion of the Minister, was eligible for dependants’ allowance on behalf of the deceased member immediately prior to the member’s death or discharge; (b) to a person who, in the opinion of the Minister, would have been eligible for dependants’ allowance on behalf of the deceased member immediately prior to the member’s death or discharge had such person not been a member of the forces; or (c) to a person who, in the opinion of the Minister or such authority as he may designate, was dependent in whole or in part upon a deceased member and to whom pay was assigned by such member immediately prior to the member’s death or discharge. Payment to more than one person (2) Where more than one person is entitled to payment of the gratuity under this section the Minister may direct that the gratuity be paid to any one of such persons or divided among them in such manner as he may determine. Payment to authorised person (3) The Minister may authorize any person to receive payment of the gratuity on behalf of the person entitled thereto under subsection (1) or subsection (2) and to utilize the gratuity for the benefit of the person entitled thereto in such manner as the authorized person in his discretion may determine. Gratuity forming part of service estate (4) Where no person qualifies to receive payment of the gratuity or any unpaid balance thereof under this section in respect of a deceased member, the gratuity or the unpaid balance thereof shall form part of and be comprised in the deceased member’s service estate as that expression is defined in subsection 39(2) of the National Defence Act . Idem (5) Where a person who was qualified to receive payment of a gratuity or any part thereof under this section dies before payment thereof or before payment thereof in full the gratuity or that part thereof payable to him or any unpaid balance thereof shall not be paid to the estate of such person but shall be paid to such other person as may be entitled thereto in accordance with this Act and if no other person is so entitled, shall form part of and be comprised in the deceased member’s service estate in accordance with subsection (4). R.S., 1952, c. 289, s. 5; 1959, c. 18, s. 2
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Deductions from gratuity 6 (1) Pursuant to regulations of the Governor in Council in that behalf there may be deducted from the war service gratuity (a) overpayments of pay and allowances, other than dependants’ allowance but including assigned pay, as follows: (i) pay and allowances issued to or on account of a member at rates in excess of those authorized by the appropriate naval, army or air force financial regulations, (ii) pay or allowances issued to or on account of a member that, having regard to his naval, army or air force status at the date of issue, were not authorized by the appropriate naval, army or air force financial regulations, and (iii) advances of travel allowances not accounted for by a member at the time of payment of the gratuity, or any portion thereof, to or in respect of such member; (b) overpayments of dependants’ allowances as follows: (i) any overpayment which the Minister has ordered to be recovered from a member upon a finding, concurred in by the Judge Advocate General, that such member was guilty of wilful misrepresentation or fraud, and (ii) where the gratuity, by reason of the death of the member to whom it was payable, becomes payable in whole or in part to a dependant, any overpayment that the Minister has found, with the concurrence of the Judge Advocate General, to have been made to such dependant as a result of wilful misrepresentation or fraud by the member or the dependant; and (c) such other payments of pay and allowances made to or on account of a member, or to his dependants, as the Governor in Council may authorize. Reimbursement (2) Any amount deducted from the gratuity pursuant to subsection (1) shall, to the extent that His Majesty has previously been reimbursed in respect of the overpayment by any person other than the member to or on account of whom the overpayment was made, be paid over to that person. Exemption from Financial Administration Act (3) Section 157 of the Financial Administration Act does not apply to a gratuity. R.S., 1970, c. W-4, s. 6; 1984, c. 31, s. 14
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Manner of payment 7 (1) Payment of war service gratuity to a member of the forces shall be made in monthly instalments payable in arrears not exceeding the amount of pay and allowances, including dependants’ allowance, paid to or in respect of such member for the thirty days immediately preceding his discharge, unless as a result of a posting from an establishment, unit or ship for discharge purposes, his pay and allowances are reduced, in which case no instalment shall exceed the pay and allowances including dependants’ allowance in issue to such member for the thirty days immediately preceding such posting and including also, in the case of a member of the naval forces, lodging and provision allowance, and in the case of a member of the army or air force, subsistence allowance at the standard rates payable in Canada, notwithstanding that at the date of discharge he was not receiving such allowances. Pay and allowances (2) For the purposes of this section the pay and allowances, including dependants’ allowance, in issue for the thirty days immediately preceding discharge or for the thirty days immediately preceding the posting of the member from an establishment, unit or ship for discharge purposes, as the case may be, shall be deemed to be the equivalent of the daily rate in issue for the last day of either of such thirty day periods multiplied by thirty. R.S., 1952, c. 289, s. 7
War Service Grants Act — W-2.5 8
Entitlement to re-establishment credit by veteran 8 Subject to this Act, every member of the forces who does not elect to take benefits under Part I of 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, in addition to the war service gratuity, for a re-establishment credit in an amount equal to the total amount payable to him under subsection 3(1). R.S., 1952, c. 289, s. 8; 1953-54, c. 66, s. 10 “62”
War Service Grants Act — W-2.5 9
Other persons to whom credit may be made available 9 (1) Where a member dies without having used all of the re-establishment credit for which he is eligible under this Act, any unused portion thereof may, in the discretion of the Minister, be made available to (a) the widow of the member, in the case of a male member; (b) any dependent children of the member, in the case of a male or female member, if the member dies without leaving any widow or widower or if the widow or widower is dead or cannot be found or it appears to the Minister that she or he has abandoned the children; or (c) the dependent mother of the member, in the case of a male or female member, if there is no person described in paragraph (a) or (b) to whom the said credit may be made available. Child or mother presumed dependent (2) For the purposes of this section a child or mother of a member shall be presumed to be a dependent child or mother if, in the opinion of the Minister, such child or mother was, at the time of the member’s death, wholly or substantially dependent upon such member for support. Credit available to person designated by Minister (3) Any credit made available to the widow, child or mother of a member pursuant to subsection (1) may, with the approval of the Minister, be made available to such other person for the benefit of the widow, child or mother as the Minister designates, in such manner and, in any case where there is more than one child, in such shares as the Minister may determine. Conditions (4) No credit shall be made available pursuant to subsection (1) (a) to the widow of a member after her remarriage, or (b) to the widow, child or mother of a member, unless he or she is resident in Canada and the Minister is satisfied that the credit will be used for one or more of the purposes specified in section 14. Child (5) In this section and section 10, the expression child means a child, including a natural child, stepchild or adopted child, who is under twenty-one years of age, or who is twenty-one or more years of age and is in receipt of a pension under the Pension Act . 1953-54, c. 46, s. 1; 1959, c. 18, s. 4
War Service Grants Act — W-2.5 10
Where member is mentally infirm 10 (1) Subject to subsection (2), where the Minister is satisfied that a member who has not used all the re-establishment credit for which he is eligible under this Act is mentally infirm to such a degree that he is unable to manage his affairs and is unlikely to be able to do so before the expiration of the period within which his re-establishment credit may be made available to him, the Minister may make available to (a) the member’s wife, (b) the children of the member that are wholly or substantially dependent upon the member for support, or (c) such other person as the Minister may designate, any unused portion of the member’s re-establishment credit. Conditions (2) No re-establishment credit shall be made available to the wife or child of a member unless the wife or child is resident in Canada and the Minister is satisfied that the re-establishment credit will be used for one or more of the purposes specified in section 14. 1959, c. 18, s. 5
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Saving 11 Notwithstanding anything in this Act, where a member of the forces who is unmarried has, because of a mental infirmity that confined him to a hospital, been unable to use all the re-establishment credit for which he is eligible under this Act before the expiration of the period within which that credit may be made available to him, the Minister may, on application by that member within one year of the date of his discharge from hospital, make available to him any unused portion of his re-establishment credit. 1959, c. 18, s. 5
War Service Grants Act — W-2.5 12
Provisions of Act to apply 12 Sections 14, 16, 23, and 30 to 35 mutatis mutandis apply to and in respect of the credit provided for by sections 9 and 10. 1959, c. 18, s. 6
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Conditions of availability of re-establishment credit 13 (1) No credit shall be made available to a member unless the member is resident in Canada and the Minister is satisfied that the credit will be used for one or more of the purposes specified in section 14 and for the re-establishment of the member in Canada. Saving (2) This section does not apply in the case of a member who desires to use re-establishment credit for the payment of premiums under the Veterans Insurance Act or the Returned Soldiers’ Insurance Act , or for the payment of the purchase price of an annuity purchased by him under the Government Annuities Act , and the Governor in Council may by regulation order such further exceptions to this section as may be deemed advisable. R.S., 1952, c. 289, s. 11
War Service Grants Act — W-2.5 14
eller notwithstanding that the actual possession of the furniture or household equipment passes to the buyer. Amount applied to be held in trust (3) Any amount applied pursuant to subsection 12(3) of chapter 289 of the Revised Statutes of Canada, 1952, as that subsection was before the 15th day of February 1962, against a member’s re-establishment credit or the unused portion thereof or any amount made available to a member under subsection (1) for the payment of premiums pursuant to any contract of insurance under the Veterans Insurance Act or the Returned Soldiers’ Insurance Act to which that member is a party shall be held in trust for that member and shall be used for the payment of the premiums referred to in the said subsection (3) or the premiums referred to in this subsection, as the case may be, as and when they fall due, except that (a) if the member requests, in writing to the Minister, that any unused portion specified by him of the amount so held in trust be withdrawn from such use, or (b) if the member dies or his contract is surrendered as a result of which any portion of the amount so held in trust remains unused, such unused portion may, subject to this Act, again be made available as though it formed part of his unused re-establishment credit. R.S., 1952, c. 289, s. 12; 1953-54, c. 46, s. 2; 1959, c. 18, s. 7; 1962, c. 7, s. 1
War Service Grants Act — W-2.5 15
Computation where election for benefits under Veterans’ Land Act 15 Notwithstanding anything in this Act, where a member of the forces has elected to take benefits under the Veterans’ Land Act and has, on or before the 31st day of October 1968, applied for qualification under that Act, been certified as qualified to participate in benefits under that Act or entered into a contract with The Director, The Veterans’ Land Act, and, subsequently, the application is withdrawn, the certificate of qualification is cancelled or the contract is terminated, as the case may be, the Minister may, on application by the member (a) in the case of withdrawal or cancellation, within one year thereof, or (b) in the case of termination, not later than one year from the determination by the Minister, pursuant to subsection 16(1), that re-establishment credit is available to the member, make available to the member the re-establishment credit he would have been eligible for under this Act less the amount of the benefits, if any, received by that member under the Veterans’ Land Act as determined by the Minister. 1959, c. 18, s. 8; 1962, c. 7, s. 2
War Service Grants Act — W-2.5 16
Other benefits subject to adjustment 16 (1) Where there has been made available to or on behalf of a member of the forces all or any part of the re-establishment credit under section 8, he is not eligible for a grant of any of the benefits under the Veterans’ Land Act , or any educational, vocational or technical training benefits provided under the Veterans Rehabilitation Act , except subject to a compensating adjustment in an amount that, in the opinion of the Minister, is equivalent to the re-establishment credit already made available to him or on his behalf; if a member has been granted any of the aforesaid benefits, the amount of which as determined by the Minister is less than the amount of any re-establishment credit that would otherwise be available to him, the difference between the amount of such re-establishment credit and such amount of any of the aforesaid benefits may be made available to him under section 14. Time limit for making adjustment (2) No member of the forces may, after the 31st day of October 1968, become eligible under subsection (1) for a grant of any of the benefits under the Veterans’ Land Act by virtue of an adjustment made pursuant to subsection (1). R.S., 1952, c. 289, s. 13; 1953-54, c. 46, s. 3; 1959, c. 18, s. 9; 1962, c. 7, s. 3
War Service Grants Act — W-2.5 17
Repayment of adjustment to veteran 17 Where a member of the forces has repaid to the Minister the compensating adjustment described in subsection 16(1) for the purpose of qualifying for benefits under the Veterans’ Land Act , and subsequently withdraws his application for qualification or his contract with The Director, The Veterans’ Land Act is terminated or rescinded, the Minister shall pay to the member an amount equal to the total amount that was repaid by him less the amount of the benefits, if any, received by that member under the Veterans’ Land Act as determined by the Minister. 1959, c. 18, s. 10
War Service Grants Act — W-2.5 18
Exceptions to entitlement of officers 18 No officer of the naval, army or air forces is entitled to any benefits under this Act if, since the 10th day of September 1939, (a) by sentence of a court martial, he is cashiered or dismissed with disgrace from His Majesty’s service or dismissed from His Majesty’s service; (b) he is deprived of his commission or warrant by reason of misconduct; (c) he is called upon to retire or to resign his commission or warrant by reason of misconduct; or (d) his resignation is accepted by reason of misconduct. R.S., 1952, c. 289, s. 14
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Exceptions to entitlement of men 19 (1) No man of the naval, army or air forces is entitled to any benefits under this Act if he has been discharged since the 10th day of September 1939 (a) having been sentenced to be discharged with ignominy or dismissed with disgrace from His Majesty’s service or dismissed from His Majesty’s service; (b) by reason of his having been convicted by a civil court or by court martial during his service; or (c) for misconduct. Meaning of misconduct (2) A man of the naval forces who was discharged for the stated reason of services no longer required and a man of the army or air forces who was discharged for the stated reason of misconduct shall be deemed to have been discharged for misconduct for the purposes of this section. R.S., 1952, c. 289, s. 15
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Entitlement on rejoining forces after discharge 20 Where a member is discharged for any of the reasons or in any of the circumstances set forth in section 18 or 19 and subsequently rejoins the forces he is not disqualified under those sections from receiving benefits under this Act in respect of his services after he so rejoins, by reason only of his conduct prior to such discharge. R.S., 1952, c. 289, s. 16