C-472
First Session, Forty-first Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
HOUSE OF COMMONS OF CANADA
BILL C-472
An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act (death benefit for parents)
first reading, February 11, 2013
NOTE
2nd Session, 41st Parliament
This bill was introduced during the First Session of the 41st Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Stoffer
411581
SUMMARY
This enactment amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to include a deceased member’s parents as eligible beneficiaries for the death benefit which is payable in accordance with that Act.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
BILL C-472
An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act (death benefit for parents)
2005, c. 21
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. (1) The portion of subsection 57(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act before paragraph (a) is replaced by the following:
Eligibility —service-related injury or disease
57. (1) The Minister may, on application, pay, in accordance with section 59, a death
benefit to a member’s survivor or parent or to a person who was, at the time of the member’s death, a dependent child if
(2) The portion of subsection 57(2) of the English version of the Act before paragraph (a) is replaced by the following:
Eligibility —injury or disease aggravated by service
(2) The Minister may, on application, pay, in accordance with section 59, a death benefit to a member’s survivor or parent or to a person who was, at the time of the member’s death, a dependent child if
2. Section 59 of the Act is replaced by the following:
Division of benefit
59. If a death benefit is payable to a survivor or to a parent or to a person who was, at the time of a member’s death, a dependent child, the following rules apply:
(a) if there is a survivor but no parent or person who was a dependent child, the survivor is entitled to 100% of the death benefit;
(b) if there is a survivor as well as one or both parents and one or more persons who were dependent children,
(i) the survivor is entitled to 50% of the death benefit,
(ii) the persons who were dependent children are entitled, as a class, to 25% of the death benefit, divided equally among them, and
(iii) the parents are entitled, as a class, to 25% of the death benefit, divided equally between them;
(c) if there is a survivor and there is one or both parents but no persons who were dependant children,
(i) the survivor is entitled to 50% of the death benefit, and
(ii) the parents are entitled, as a class, to 50% of the death benefit, divided equally between them;
(d) if there is a survivor and one or more persons who were dependent children but no parents,
(i) the survivor is entitled to 50% of the death benefit, and
(ii) the persons who were dependent children are entitled, as a class, to 50% of the death benefit, divided equally among them;
(e) if there is one or both parents and one or more persons who were dependent children but no survivor,
(i) the parents are entitled, as a class, to 50% of the death benefit, divided equally between them, and
(ii) the persons who were dependent children are entitled, as a class, to 50% of the death benefit, divided equally among them;
(f) if there are one or more persons who were dependent children but no survivor or parent, each of those children is entitled to the amount obtained by dividing the death benefit by the number of those dependent children; and
(g) if there is one or both parents but no survivor or person who was a dependant child, the parents are entitled, as a class, to 100% of the death benefit, divided equally between them.
Published under authority of the Speaker of the House of Commons