Law:War Service Grants Act

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R.s.c., 1970, c. W-4

An Act to provide for the payment of war service gratuities and for the grant of re-establishment credits of members of His Majesty’s forces in respect of service during World War II


Contents

Short Title

Short title

1. This Act may be cited as the War Service Grants Act.

R.S., 1952, c. 289, s. 1.


Interpretation

Definitions

2. In this Act

“business”

« entreprise » ou « fonds de commerce »

“business” includes trade, industry or profession;

“credit” and “re-establishment credit”

« crédit » ou « crédit de réadaptation »

“credit” and “re-establishment credit” mean the credit provided for under Part II;

“deceased member”

« membre décédé »

“deceased member” includes a member of the forces who for the purposes of the force in which he served is officially presumed to have died;

“dependants' allowance”

« indemnité pour charges de famille » ou « allocations familiales militaires »

“dependants' allowance” means the marriage allowance and dependants' allowances prescribed by regulations made by the Governor in Council pursuant to the National Defence Act, the Naval Service Act, chapter 139 of the Revised Statutes of Canada, 1927, The Naval Service Act, 1944, the Militia Act, chapter 132 of the Revised Statutes of Canada, 1927, or The Royal Canadian Air Force Act, chapter 15 of the Statutes of Canada, 1940, as the case may be;

“discharge”

« libération »

“discharge” means ceasing to serve on active service in the forces since the 10th day of September 1939;

“forces”

« forces »

“forces” means the naval, army or air forces of His Majesty raised in Canada;

“gratuity” and “war service gratuity”

« gratification » ou « gratification de service de guerre »

“gratuity” and “war service gratuity” mean the gratuity payable under Part I;

“home”

« hbitation »

“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;

“member of the forces” and “member”

« membre des forces » ou « membre »

“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;

“Minister”

« Ministre »

“Minister” means the Minister of Veterans Affairs;

“misconduct”

« mauvaise conduite »

“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;

“overseas service”

« service outre-mer »

“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;

“pay and allowances”

« solde et allocations »

“pay and allowances” includes dependants' allowance together with all other alowances 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;

“purchase of a business”

« achat d’un fonds de commerce »

“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;

“service”

« service »

“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;

“Western Hemisphere”

« hémisphère occidental »

“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.

R.S., 1970, c. W-4, s. 2; 2000, c. 34, s. 93(F).


Part I. War Service Gratuity

Gratuity payable to member of the forces

3. (1) Subject to this Act, every member of the forces is, upon discharge, entitled to be paid a war service gratuity at the rate of seven dollars and fifty cents for every completed period of thirty days of service, and an additional sum of twenty-five cents for every day of overseas service that falls within such periods.

Supplementary gratuity

(2) In addition to the amounts mentioned in subsection (1), every member of the forces whose service includes overseas service is, upon discharge, entitled to be paid for each period of one hundred and eighty-three days of overseas service and proportionately for any less period, an amount computed on the basis of seven days pay and allowances that were payable to or in respect of him at the date of discharge.

Computation of supplementary gratuity

(3) Where a member joined the permanent naval or army forces or the regular air forces of Canada on or before the 31st day of March 1946, or 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, the amount payable to such member under subsection (2) shall be computed on the basis of the rates of pay and allowances payable to him or on his behalf at the commencement of his service excluded by section 4.

Pay and allowances at lower rates

(4) Where a member has been required, prior to the date on which he ceases to be entitled to gratuity, to accept pay and allowances at lower rates, by reason of reversion in rank or appointment, or otherwise as a condition of acceptance for service in the permanent naval or army forces or regular air force of Canada, or in the naval, army or air forces of Canada for a special period terminating on or after the 30th day of September 1947, the rates of pay and allowances payable to him or on his behalf immediately prior to the date of his joining the permanent naval or army forces or the regular air force of Canada, or his acceptance 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 may be used for the purpose of computing the amount paid to him under subsection (2).

Posting of member for discharge

(5) Where a member is posted from an establishment, unit or ship for discharge purposes and his pay and allowances are reduced as a result of such posting the pay and allowances received by him immediately prior to such posting shall be used for the purpose of computing the amount paid to him under subsection (2).

"Pay and allowances"

(6) For the purposes of this section the expression "pay and allowances" includes

(a) in the case of a member of the naval forces, lodging and provision allowance, and

(b) in the case of a member of the army or air forces, subsistence allowance at the standard rates payable in Canada,

notwithstanding that at the date of his discharge he was not receiving such allowances.

Period of overseas service

(7) A period of overseas service shall be deemed to commence on the day the member is posted to the strength of an overseas unit, establishment or ship and to conclude on the day he is taken on strength from overseas.

Period of temporary duty overseas

(8) A period of temporary duty overseas shall be deemed to be a period of overseas service and to commence on the day of proceedingrom the parent unit, establishment or ship and to conclude on the day of the return thereto.

Determination of dates of posting

(9) In the case of naval forces the date shown on the certificate of service and on the list of official appointments shall be used for the purpose of this section in determining the dates of posting to and from His Majesty’s Canadian ships and establishments with respect to any former member.

R.S., 1952, c. 289, s. 3.

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.

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.

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.

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.


Part Ii. Re-establishment Credit

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".

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.

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.

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.

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.

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.

Purposes for and time within which available

14. (1) All or any part of the re-establishment credit may, on or before the 31st day of October 1968, be made available to or for the member of the forces eligible therefor when it is shown to the satisfaction of the Minister that such credit is to be used for

(a) the acquisition of a home

(i) under the National Housing Act, in an amount not exceeding two-thirds of the difference between the total cost of the home and the amount of the loan made under that Act, or

(ii) not under the National Housing Act, in an amount not exceeding two-thirds of the difference between the appraised value of the home as approved by the Minister or the purchase price, whichever is the lower, and the amount of the encumbrance thereon, assumed or created by the member;

(b) the repair or modernization of his home;

(c) the reduction or discharge of indebtedness under any agreement for sale, mortgage or other encumbrance on his home, in an amount not exceeding twice the amount that the member himself contributes or has contributed to such purpose;

(d) the purchase of furniture and household equipment for his domestic use in an amount not exceeding ninety per cent of the purchase price of the furniture or household equipment or the payment of the full cost of repair of such articles;

(e) the provision of working capital for his business;

(f) the purchase of tools, instruments or equipment for his business or the cost of repair of such articles;

(g) the purchase of a business by him in an amount not exceeding two-thirds of the difference between the purchase price and any indebtedness incurred for the purpose of the purchase of such business, if the payment of such difference entitles the purchaser to immediate possession;

(h) the payment of premiums under any insurance scheme established by the Government of Canada including

(i) payment of premiums pursuant to any contract of insurance to which he is a party under the Returned Soldiers' Insurance Act, the Veterans Insurance Act or the Civil Service Insurance Act,

(ii) payment under subsection 16(2) of the Royal Canadian Mounted Police Pension Continuation Act of a deficiency in deduction from his pay as an officer of the Royal Canadian Mounted Police,

(iii) payment of contributions in respect of his service as a constable of the Royal Canadian Mounted Police under section 36, 47, 50 or 51 of the Royal Canadian Mounted Police Pension Continuation Act,

(iv) payment of contributions under the Public Service Superannuation Act, in respect of his service in the Public Service prior to becoming a contributor under that Act,

(v) payment under subsection 9(2) of the Defence Services Pension Continuation Act of a deficiency in deduction from his pay as an officer as defined in that Act, and

(vi) payment of the purchase price of an annuity purchased by him under the Government Annuities Act;

(i) payment of fees and the purchase of special equipment including instruments, books, tools and other equipment required for educational and vocational training other than educational and vocational training provided by the laws of Canada for members of the forces; and

(j) any other purpose authorized by the Governor in Council.

Ownership and possession of furniture or household equipment

(2) No credit shall be made available for the purchase of furniture or household equipment or for the payment of any debts incurred by the purchase of furniture or household equipment if the actual possession of the furniture or household equipment does not pass to the buyer when the contract is made or if it is agreed, provided or conditioned in the contract that the right of property in or right of possession to the furniture or household equipment in whole or in part shall remain in the seller 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.

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.

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.

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.


Part Iii. General

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.

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.

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.

Reference to Committee of Review

21. (1) Every application for the payment of a gratuity made by a member who is discharged for any of the reasons described in section 18 or 19 shall, together with all documents relating to the member’s service, be referred to a Committee of Review consisting of not less than three officers of the Department of Veterans Affairs who shall be appointed by the Minister.

Duties of Committee of Review

(2) The Committee of Review shall examine every application referred to it pursuant to subsection (1), consider the nature and extent of the services rendered by the member in the armed forces and investigate the circumstances under which the member was discharged.

Finding of Committee

(3) Where, on examination and investigation of an application referred to it pursuant to subsection (1), the Committee of Review is of the opinion that it would be inconsistent with the true spirit and intent of this Act to deprive the member of benefits under this Act, the Committee shall so advise the Minister who may by order direct that the member shall, notwithstanding section 18 or 19, receive the benefits he would have been eligible for under this Act if he had not been discharged for any of the reasons described in those sections.

1959, c. 18, s. 11.

Service excluded from period of service

22. For the purposes of computing benefits under this Act, no period of absence without leave or leave of absence without pay, or time served while undergoing sentence of penal servitude, imprisonment or detention, or period of service in respect of which pay is forfeited shall be included in the service of a member of the forces.

R.S., 1952, c. 289, s. 18.

Payment to be made only upon application

23. (1) Payment of any gratuity or grant of any credit authorized by this Act shall be made only upon application therefor by or on behalf of the member of the forces claiming such gratuity or credit, or, in the case of a deceased member, by or on behalf of any person eligible under this Act in respect of such member to receive the gratuity or credit.

Time limit for applications for gratuity

(2) No application under this Act for the payment of a gratuity shall be received after the 31st day of December 1954, except that any such application made after that date but on or before the 31st day of October 1968 by or on behalf of, or in respect of, a member whose service included overseas service or service in a theatre of operations as defined in the definition "service" in section 2 of the Veterans' Benefit Act may be received and acted upon by the Minister if the Minister is satisfied of the existence of circumstances justifying the delay in making the application.

1953-54, c. 46, s. 4; 1962, c. 7, s. 4.

Benefits received from other governments

24. Where a member of the forces is granted any pecuniary benefit of the same nature as the gratuity or credit payable or which is granted under this Act from the government of any of His Majesty’s dominions other than Canada or from the government of any power allied or associated with His Majesty, in respect of service performed with the naval, army or air forces of any such dominion or power, one-half of the amount of such benefits shall be deducted from the gratuity and one-half from the credit.

R.S., 1952, c. 289, s. 20.

Deferment of gratuity or credit

25. (1) Where a member of the forces, before he has been paid or granted all or any part of the gratuity or credit, is re-appointed to or re-enlists, in the forces, the balance of such gratuity or credit remaining unpaid or not granted shall not be paid or granted, unless the Minister otherwise directs, to such member until his subsequent discharge, at which time he is entitled to be paid or granted such gratuity or credit or the balance thereof in addition to any further gratuity or credit to which he may be entitled under this Act by reason of his subsequent period of service.

Service in more than one force

(2) The benefits provided by subsection 3(1) and section 8 payable to or in respect of a member who has had service in more than one force, shall be calculated as if his total service had been uninterrupted service in any one of such forces, and the benefits provided by subsection 3(2), payable to or in respect of a member who has had service in more than one force and overseas service in at least one force, shall be calculated separately for each force in which he had overseas service on the basis of the pay and allowances payable to or in respect of him at the date of discharge from each such force.

Date of payment of gratuity and granting of credit

(3) A member who joined the permanent naval or army forces or the regular air force on or before the 31st day of March 1946 shall be paid his gratuity and may be granted his credit in the manner provided in this Act on that date; a member who joins the permanent naval or army forces or the regular air force subsequent to the 31st day of March 1946 shall be paid his gratuity and may be granted his credit in the manner provided in this Act on the date of his acceptance for service in one of such forces.

Idem

(4) Unless the Minister otherwise directs, a member who was serving with the naval, army or air forces other than the permanent naval or army forces or the regular air force on the 31st day of March 1946 shall not be paid his gratuity or granted his credit until he resumes his civilian status.

R.S., 1952, c. 289, s. 21.

Persons of Canadian domicile who served in other Commonwealth forces

26. (1) Subject to subsection (2), a person who, subsequent to the 10th day of September 1939, served on active service in any of the naval, army or air forces of His Majesty other than those raised in Canada, and at the time he joined the said force was domiciled in Canada, is entitled to be paid a gratuity and granted a credit equal to those that might have been paid or granted to him under this Act had such service been service in the forces, if he makes application therefor on or before the 31st day of October 1968, and if at the time of his application he is domiciled and resident in Canada.

Deduction of amount of pecuniary benefit of same nature as gratuity

(2) There shall be deducted from the gratuity or credit authorized by subsection (1) the amount of any pecuniary benefit, of the same nature as a gratuity or credit authorized to be paid or granted to members of the forces under this Act, that the person has received or is entitled to receive in respect of his service from any government other than that of Canada.

Gratuity forms part of service estate of deceased member

(3) The provisions of section 5 except subsection (4) apply to and in respect of any such person as if such person had been a member of the forces at the time of his death or discharge from the forces of His Majesty other than those raised in Canada, but where no person qualifies to receive payment of the gratuity or any unpaid balance thereof under this section in respect of any such deceased person, the gratuity or the unpaid balance thereof shall be paid to the Director of Estates for distribution to the person or persons to whom the service estate of the deceased was or will be paid by a government other than that of Canada in respect of his service.

R.S., 1952, c. 289, s. 22; 1962, c. 7, s. 5.

Minister to determine nature of benefits

27. Any question arising under section 24 or 26 as to whether any pecuniary benefit granted by any government other than that of Canada is of the same nature as a gratuity or credit authorized to be paid or granted to members of the forces under this Act shall be referred to the Minister or to such authority as the Minister may designate and the decision of the Minister or that authority, as the case may be, is final.

R.S., 1952, c. 289, s. 23.

Members of the forces receiving treatment

28. Where any member of the forces is, subsequent to his discharge, receiving treatment by or through the Department of Veterans Affairs, the gratuity or credit or any part thereof remaining unpaid or not granted shall be made available to such person as the Minister may designate, to be applied in the discretion of that person for the benefit of such member or his dependants.

R.S., 1970, c. W-4, s. 28; 2000, c. 34, s. 93(F).

Gratuities and credits to be additional to certain other benefits

29. Subject to section 16, the benefits granted herein are in addition to such benefits or grants as are or may hereafter be provided by the Government of Canada for members of the forces, including rehabilitation grant and clothing allowance on discharge.

R.S., 1952, c. 289, s. 25.

Immunity of gratuity or credit

30. (1) No gratuity payable or credit available to a member of the forces or his dependants is subject to attachment, levy, seizure or assignment under any legal process or to taxation.

Nullity of purported assignment etc.

(2) No such gratuity or credit or any part of either may be assigned, charged, anticipated, commuted, given as security or otherwise dealt with, and any purported assignment, charge, anticipation, commutation, or other transaction relating to the gratuity or credit made, entered into, or completed contrary to the provisions of this section, is wholly void and of no effect.

R.S., 1952, c. 289, s. 26.

31. to 34. (Repealed, 2000, c. 34, s. 68)

Payment out of C.R.F.

35. Any moneys necessary for the payment of gratuities or for credits under this Act or for the payment pursuant to section 17 of the compensating adjustment repaid by a member may be paid out of unappropriated moneys in the Consolidated Revenue Fund.

1959, c. 18, s. 13.

Appropriation by Parliament

36. The expenses necessary for the administration of this Act are payable out of moneys appropriated by Parliament for the purpose.

R.S., 1952, c. 289, s. 32.

Regulations

37. The Governor in Council may make regulations governing all matters relative to the manner of payment of gratuities or the making of re-establishment credits available and the evidence to be required in support of applications therefor, to prescribe penalties for breaches of the said regulations and generally to give effect to and carry out the objects of this Act.

R.S., 1952, c. 289, s. 33.

Re-establishment credits to Newfoundland veterans

38. (1) Subject to this Act, every Newfoundland veteran who does not elect to take benefits under 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 for a re-establishment credit equal to the re-establishment credit that might have been made available to him under this Act if he had been a member of the forces as therein defined, less the amount of any pecuniary benefits of the same nature granted or paid by the government of any country other than that of Canada.

"Newfoundland veteran"

(2) In this section the expression "Newfoundland veteran" means a person who served on active service

(a) in any of the naval or army forces of Newfoundland or having been recruited in Newfoundland in any of the naval, army or air forces raised in Newfoundland by or on behalf of the United Kingdom;

(b) in any other naval, army or air forces of His Majesty and at the time of his enlistment therein was domiciled in Newfoundland; or

(c) in any of the naval, army or air forces of the nations allied with His Majesty in active operations against the enemy in World War II, if he was domiciled in Newfoundland at the time of his enlistment therein and was domiciled and resident in Newfoundland within two years from the date of his discharge therefrom or the 8th day of May 1945, whichever is the later.

R.S., 1952, c. 289, s. 34.


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