Civilian War-related Benefits Act (R.S.C., 1985, c. C-31)

Act current to 2018-07-05 and last amended on 2005-07-20. Previous Versions

Supervisors and Helpers

Marginal note:Application of Pension Act

 The Pension Act applies to and in respect of supervisors and helpers as though their service as such during the War had been service as a member of the forces within the meaning of that Act.

  • R.S., 1985, c. C-31, s. 17;
  • 1999, c. 10, s. 28;
  • 2000, c. 34, s. 3.

 [Repealed, 2000, c. 34, s. 3]

Overseas Headquarters Staff

Marginal note:Rates of pensions and allowances to members of Overseas Headquarters staff

 Pensions and allowances shall be awarded in accordance with the rates set out in Schedules I, II and III of the Pension Act to or in respect of members of the Overseas Headquarters staff who, during their service as such and as a direct result of enemy action or counteraction against the enemy during the War, suffered injury or disease or aggravation thereof resulting in disability or death.

  • R.S., 1985, c. C-31, s. 19;
  • 1999, c. 10, s. 28.

PART II.1Newfoundland Overseas Forestry Unit

Marginal note:Application of Pension Act

 The Pension Act applies to and in respect of members of the Newfoundland Overseas Forestry Unit as though their service as such during the War had been service as a member of the forces within the meaning of that Act.

  • 2000, c. 34, s. 4.

PART IIICorps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom

Marginal note:Application of Pension Act

 The Pension Act applies to and in respect of members of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom as though their service as such during the War had been service as a member of the forces within the meaning of that Act.

  • R.S., 1985, c. C-31, s. 20;
  • 1999, c. 10, s. 28;
  • 2000, c. 34, s. 5.

PART IVRoyal Canadian Mounted Police

Marginal note:Claims
  •  (1) All claims for compensation under section 5 of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, shall be referred to the Minister for consideration and adjudication, and the Minister shall assess the degree of disability in respect of which compensation may be awarded under that section.

  • Marginal note:Rates of compensation

    (2) Compensation shall be awarded at such rate and in such manner as the Governor in Council may prescribe under section 5 of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970.

  • Marginal note:Re-assessment of disability

    (3) Where an assessment is made under this section and the Minister subsequently re-assesses the degree of disability, compensation shall be paid according to the rates applicable at the time compensation was first awarded.

  • R.S., 1985, c. C-31, s. 21;
  • 1995, c. 18, s. 85.

PART VRoyal Canadian Mounted Police Special Constables

Interpretation

Marginal note:Definition of special constable

 In this Part, special constable means a person specially engaged and employed by the Royal Canadian Mounted Police under the authority of the Governor in Council for the particular duty of mounting guard at vulnerable points throughout Canada or for any other similar duty during the War.

  • R.S., c. C-20, s. 25.

Pensions for Disability and Death

Marginal note:Pensions of special constables

 Subject to this Part, pensions shall be awarded to or in respect of special constables who, during the War and as a direct result of the performance of their duties as special constables, suffered injury or disease or aggravation thereof resulting in disability or death.

  • R.S., c. C-20, s. 26.
Marginal note:Rate and manner

 The pension to be awarded under this Part in respect of disability shall be awarded at such rate and in such manner as the Governor in Council may prescribe under section 5 of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970.

  • R.S., c. C-20, s. 27.
Marginal note:Provisions applicable

 The pensions to be awarded under this Part in respect of death shall be awarded in accordance with section 45 of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, and for the purposes of that section the pay and allowances that would have been permitted for pension purposes shall be the actual pay and allowances of which the special constable was in receipt at the time of his death.

  • R.S., c. C-20, s. 28.
Marginal note:Amount of pension

 Where a special constable is in receipt of a disability pension under the Pension Act, the amount of pension payable under this Part shall not at any time exceed the amount by which the pension authorized by that Act for total disability exceeds the pension of which he is in receipt under that Act.

  • R.S., c. C-20, s. 29.
Marginal note:Not applicable if Pension Act applies

 No pension shall be awarded under this Part for any disability in respect of which a pension was awarded under the Pension Act.

  • R.S., c. C-20, s. 30.
Marginal note:Award on ceasing to be special constable

 No pension shall be awarded under this Part to or in respect of a special constable until he ceases to be a special constable.

  • R.S., c. C-20, s. 31.
Marginal note:Surviving spouse, common-law partner and children only

 No pension for death shall be awarded under this Part to or in respect of any person other than the surviving spouse, surviving common-law partner and surviving children of the special constable on account of whose death pension is claimed.

  • R.S., 1985, c. C-31, s. 29;
  • 2000, c. 12, s. 80.

PART VIAir Raid Precautions Workers

Interpretation

Marginal note:Definitions

 In this Part,

air raid precautions worker

engagé de la défense passive

air raid precautions worker means a person registered as a volunteer worker in a designated area by an official body organized for air raid precautions purposes, a duly registered voluntary evacuation worker or a person designated as such by the Minister pursuant to section 40; (engagé de la défense passive)

designated area

région désignée

designated area means any area that has been designated as such by the Governor in Council; (région désignée)

serious or prolonged disability

invalidité grave ou prolongée

serious or prolonged disability does not include a disability of a degree less than twenty per cent estimated in the manner provided by subsection 35(2) of the Pension Act; (invalidité grave ou prolongée)

war service injury

blessure de service de guerre

war service injury means, in the case of an air raid precautions worker other than a duly registered voluntary evacuation worker, any physical injury sustained during the War and arising out of and in the course of his duties as such as a direct result of enemy action, counteraction against the enemy or action in apprehension of enemy attack or during a blackout, test or period of training duly authorized by the senior air raid precautions officer in the designated area in which the injury was sustained, and, in the case of a duly registered voluntary evacuation worker, means injuries arising out of and in the course of his duties as an evacuation worker. (blessure de service de guerre)

  • R.S., 1985, c. C-31, s. 30;
  • 1995, c. 18, s. 85.

Pensions and Allowances for Disability and Death

Marginal note:Rates applicable

 Subject to this Part, pensions and allowances shall be awarded in accordance with the rates set out in Schedules I, II and III of the Pension Act in respect of serious or prolonged disability or death caused by a war service injury.

  • R.S., 1985, c. C-31, s. 31;
  • 1999, c. 10, s. 29.
Marginal note:Wilful negligence or improper conduct

 No pension shall be awarded under this Part in respect of a war service injury sustained by reason of the wilful negligence or improper conduct of the air raid precautions worker by or in respect of whom pension is claimed.

  • R.S., c. C-20, s. 36.
Marginal note:If other pension or payment made

 No pension in respect of a war service injury shall be paid under this Part to or in respect of any person in any period during which the person receives or is entitled to receive in respect of the same injury any grant, allowance, compensation, pension or other payment of a like nature, payable out of any public funds to which the person has not made a direct financial contribution, unless the grant, allowance, compensation, pension or other payment is less than the amount of the pension that would otherwise be payable under this Part, in which case a pension equal to the amount by which the pension that would otherwise be payable under this Part exceeds the other grant, allowance, compensation, pension or other payment may be paid under this Part during that period.

  • R.S., c. C-20, s. 37.
 
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