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

Marginal note:Application of Pension Act

 The Pension Act applies to and in respect of overseas welfare workers as though their service as such had been service as a member of the forces within the meaning of that Act.

  • R.S., 1985, c. C-31, s. 49;
  • 1999, c. 10, s. 33;
  • 2000, c. 34, s. 8.

 [Repealed, 2000, c. 34, s. 8]

PART XFerry Command

Marginal note:Definition of civilian member of Ferry Command

 In this Part, civilian member of Ferry Command means a person, other than a member of the forces, who

  • (a) was employed during the War by the Air Ministry of the United Kingdom;

  • (b) was domiciled in Canada or Newfoundland at the commencement of that employment; and

  • (c) served during the War as air crew with Number 45 Wing of the Royal Air Force Transport Command, Number 45 Group of the Royal Air Force Ferry Command or the Atlantic Ferrying Organization on a flight ferrying the aircraft being flown

    • (i) between Canada and a place other than Canada or Newfoundland,

    • (ii) between Newfoundland and a place other than Canada or Newfoundland, or

    • (iii) within Canada or Newfoundland, or between Canada and Newfoundland, if the flight, in the Minister’s opinion, was essential to the prosecution of the War on behalf of His Majesty or His Majesty’s allies.

  • R.S., 1985, c. C-31, s. 52;
  • 2000, c. 34, s. 9.
Marginal note:Application of Pension Act

 The Pension Act applies to and in respect of civilian members of Ferry Command as though their service as such had been service as a member of the forces within the meaning of that Act.

  • R.S., 1985, c. C-31, s. 53;
  • 1995, c. 18, s. 85;
  • 1999, c. 10, s. 34;
  • 2000, c. 12, s. 82, c. 34, s. 9.

 [Repealed, 2000, c. 34, s. 9]

PART XICivilian Allowances

Marginal note:Definitions
  •  (1) For the purposes of this Part,

    allowance

    allowance means an allowance referred to in subsection 57(1); (allocation)

    civilian

    civilian means

    • (a) a person who

      • (i) served at sea in a ship of Canadian or Newfoundland registry during World War I or World War II for a period of at least six months, and

      • (ii) during the period of service referred to in subparagraph (i) made at least one trip through dangerous waters,

    • (b) a Canadian citizen, a Canadian national as defined in the Canadian Nationals Act, chapter 21 of the Revised Statutes of Canada, 1927, or a British subject domiciled in Newfoundland at the commencement of his qualifying service who

      • (i) served at sea during World War I or World War II for a period of at least six months in a ship of United Kingdom registry or the registry of one of the countries allied or associated with His Majesty in either of those wars, and

      • (ii) during the period of service referred to in subparagraph (i) made at least one trip through dangerous waters,

    • (c) [Repealed, 1999, c. 10, s. 35]

    • (d) a Canadian citizen who

      • (i) served at sea in a ship of another country allied or associated with the United Nations during United Nations military operations in Korea for a period of at least six months, and

      • (ii) during the period of service referred to in subparagraph (i) served at least twenty-eight days on such a ship within dangerous waters off the coast of Korea,

    • (e) a person who was a member of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act,

    • (f) a person who was a Canadian member, within the meaning of section 42.1, of the Voluntary Aid Detachment of the British Red Cross during World War I and served during World War I in a theatre of actual war within the meaning of paragraph 37(8)(b) of the War Veterans Allowance Act,

    • (g) a person who

      • (i) was an overseas welfare worker within the meaning of paragraph (a) of the definition overseas welfare worker in section 48 and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act, or

      • (ii) was an overseas welfare worker within the meaning of paragraph (b) of the definition overseas welfare worker in section 48,

    • (h) a person who was a civilian member of Ferry Command within the meaning of section 52 and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act,

    • (i) a person who was a member of the Newfoundland Overseas Forestry Unit and served during World War II in a theatre of actual war within the meaning of paragraph 37(8)(c) of the War Veterans Allowance Act, and

    • (j) a person who is in receipt of a pension under Parts I to X or is declared to have been eligible for, or awarded, such a pension subsequent to the person’s death; (civil)

    dangerous waters

    dangerous waters means such oceans, seas or waters as the Veterans Review and Appeal Board established by the Veterans Review and Appeal Board Act may prescribe; (eaux dangereuses)

    merchant navy veteran

    merchant navy veteran[Repealed, 1999, c. 10, s. 35]

    service at sea

    service at sea means service in a ship that normally sailed or operated outside the territorial waters of all countries during World War I, World War II or the United Nations military operations in Korea; (service en mer)

    ship

    ship means

    • (a) a ship or vessel engaged in trade or the transportation of cargo or passengers, or

    • (b) a ship or vessel taken over and operated by the British Admiralty

    but does not include a ship or vessel engaged in the fishing industry. (navire)

  • Marginal note:Presumptions

    (2) For the purposes of this section,

    • (a) World War I shall be deemed to have commenced on August 4, 1914 and to have concluded on November 11, 1918;

    • (b) 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; and

    • (c) the United Nations military operations in Korea shall be deemed to have commenced on June 25, 1950 and to have terminated on July 27, 1953.

  • Marginal note:Calculation of service

    (3) In calculating the period that a person served at sea for the purpose of paragraph (a) or (b) of the definition civilian in subsection (1), time spent by the person as a prisoner of war or as an internee shall be considered as service at sea, subject to subsection (3.1).

  • Marginal note:Calculation of service

    (3.1) In calculating the period that a person served at sea for the purpose of paragraph (a) or (b) of the definition civilian in subsection (1), time during which the person was less than fourteen years of age shall be excluded.

  • Marginal note:Idem

    (4) In calculating the period that a person served overseas for the purpose of paragraph (e) or (g) of the definition civilian in subsection (1), the travelling of the person from the date of embarkation for the United Kingdom until arrival in that country and from the date of embarkation from the United Kingdom for Canada or Newfoundland until arrival in Canada or Newfoundland shall be considered as overseas service.

  • Marginal note:Application of certain provisions

    (5) Sections 7, 8 and 10 apply for the purposes of the provisions of this Part relating to persons who are civilians by virtue of paragraph (a), (b) or (d) of the definition civilian in subsection (1).

  • R.S., 1985, c. C-31, s. 56;
  • R.S., 1985, c. 20 (3rd Supp.), s. 39;
  • 1992, c. 24, s. 7;
  • 1995, c. 18, s. 84;
  • 1999, c. 10, s. 35;
  • 2000, c. 34, s. 10.
 
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