Bill C-61
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CANADIAN SALT WATER FISHERS |
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1992, c. 24,
s. 3
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22. Sections 6 and 7 of the Act are
replaced by the following:
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Definitions
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6. The definitions in this section apply in
this Part.
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``Canadian
salt water
fisher'' « pêcheur canadien en eau salée »
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``Canadian salt water fisher'' means a British
subject who served on a ship engaged in the
salt water fishing industry of Canada or
Newfoundland.
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``enemy
action or
counteraction
against the
enemy'' « opération de l'ennemi ou contre- opération »
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``enemy action or counteraction against the
enemy'' includes marine hazards
occasioned by the War and encountered by
a ship engaged in the salt water fishing
industry of Canada or Newfoundland, when
it was employed on a voyage that in the
opinion of the Minister was essential to the
prosecution of the War on behalf of His
Majesty or His Majesty's allies.
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Canada
Shipping Act
to apply
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7. For the purposes of this Part, the status of
a vessel and of the members of its crew, and
the class of voyage in which a vessel was
engaged, shall be determined according to the
Canada Shipping Act, 1934 and regulations
made thereunder, as that Act and those
regulations read at the relevant time.
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1992, c. 24,
s. 4; 1995, c.
18, s. 80(1)
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23. The portion of section 8 of the Act
before paragraph (b) is replaced by the
following:
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Evidence
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8. For the purposes of this Part, where
official records of a person's service, or of
injuries or disease suffered or contracted by a
person during service, are not available, the
Minister may accept a statutory declaration or
like statement from anyone if
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1992, c. 24,
s. 4
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24. Section 9 of the Act and the heading
before it are replaced by the following:
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Pensions and Allowances for Disability and Death |
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Pensions and
allowances
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9. Subject to this Part, a pension, attendance
allowance, clothing allowance and
exceptional incapacity allowance in
accordance with the rates set out in Schedules
I, II and III to the Pension Act may be awarded
to or in respect of any person, other than a
pensioner within the meaning of that Act,
who, during the War and as a direct result of
enemy action or counteraction against the
enemy, suffered or contracted injury or
disease or aggravation thereof resulting in
disability or death, while that person was a
Canadian salt water fisher.
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Compensa- tion otherwise payable
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9.1 No pension shall be awarded under this
Part in respect of any disability or death for
which compensation is payable under the
Merchant Seamen Compensation Act or the
Government Employees Compensation Act or
any workers' compensation or similar laws
unless evidence satisfactory to the Minister is
provided that a claim for that compensation
has not been made and unless the person
entitled to that compensation submits to the
Minister a waiver, in a form approved by the
Minister, of all claims for that compensation
in respect of disability or death.
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1992, c. 24,
s. 5; 1995, c.
18, par. 85(b)
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25. Section 11 of the Act is repealed.
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1992, c. 24,
s. 6
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26. Section 15 of the Act is repealed.
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1992, c. 24,
s. 6; 1995, c.
18, par. 85(c),
(d)
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27. Part I.1 of the Act is repealed.
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28. Sections 17 to 20 of the Act are
replaced by the following:
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Rates of
pensions and
allowances to
supervisors
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17. In respect of their service as supervisors
rendered between the time of embarkation for
service outside Canada and the termination of
that service by the appropriate naval, army or
air force authorities, 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 supervisors who suffered
injury or disease or aggravation thereof
resulting in disability or death attributable to
or incurred during that service.
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Helpers |
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Rates of
pensions and
allowances to
helpers
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18. In respect of their service as helpers
rendered between the time of embarkation for
service outside Canada and the termination of
that service by the appropriate naval, army or
air force authorities, 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 helpers who suffered
injury or disease or aggravation thereof
resulting in disability or death attributable to
or incurred during that service.
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Overseas Headquarters Staff |
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Rates of
pensions and
allowances to
members of
Overseas
Headquarters
staff
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19. 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.
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PART III |
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CORPS OF (CIVILIAN) CANADIAN FIRE FIGHTERS FOR SERVICE IN THE UNITED KINGDOM |
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Rates of
pensions and
allowances to
Fire Fighters
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20. 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 Corps of
(Civilian) Canadian Fire Fighters for Service
in the United Kingdom who suffered injury or
disease or aggravation thereof resulting in
disability or death attributable to or incurred
during their service as members of the said
Corps in accordance with the Pension Act.
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29. Section 31 of the Act and the heading
before it are replaced by the following:
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Pensions and Allowances for Disability and Death |
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Rates
applicable
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31. 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.
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30. The portion of section 41 of the Act
before paragraph (a) is replaced by the
following:
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Rates of
pensions and
allowances
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41. 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 persons who
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31. The portion of section 42 of the Act
before paragraph (a) is replaced by the
following:
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Rates of
pensions and
allowances
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42. 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 persons who
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32. Section 44 of the Act is replaced by the
following:
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Rates of
pensions and
allowances
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44. Subject to this Part, pensions and
allowances shall be awarded in accordance
with Schedules I, II and III of the Pension Act
in respect of serious or prolonged disability or
death caused by a war service injury.
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33. Section 49 of the Act is replaced by the
following:
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Rates of
pensions and
allowances
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49. 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 to or in respect of Overseas
Welfare Workers who, during service,
suffered injury or disease or aggravation
thereof resulting in disability or death when
the injury or disease or aggravation thereof
resulting in disability or death was a direct
result of enemy action or counteraction
against the enemy.
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1995, c. 18,
par. 85(j)
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34. Section 53 of the Act is replaced by the
following:
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Rates of
pensions and
allowances
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53. Where a Civilian Member of Overseas
Air Crew, during service and as a direct result
of enemy action or counteraction against the
enemy, incurred an injury or disease or
aggravation thereof resulting in serious
disability or death and is in necessitous
circumstances, or, in the case of death, a
surviving spouse, child or children are in
necessitous circumstances, or, there being no
surviving spouse or children, a dependent
parent or parents are in necessitous
circumstances, the Minister may in the
Minister's discretion award such pension and
allowances, not exceeding the rates payable
under Schedules I, II and III of the Pension
Act, as the Minister may from time to time
deem to be adequate.
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35. (1) Paragraph (c) of the definition
``civilian'' in subsection 56(1) of the Act is
repealed.
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1992, c. 24,
s. 7(1)
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(2) Paragraph (j) of the definition
``civilian'' in subsection 56(1) of the Act and
the portion of that definition after
paragraph (j) are replaced by the following:
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1992, c. 24,
s. 7(2)
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(3) The definition ``merchant navy
veteran'' in subsection 56(1) of the Act is
repealed.
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(4) Subsection 56(3) of the Act is replaced
by the following:
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Calculation of
service
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(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).
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Calculation of
service
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(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.
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(5) The Minister may, on the coming into
force of this subsection, cease to pay an
allowance referred to in subsection 57(1) of
the Merchant Navy Veteran and Civilian
War-related Benefits Act to or in respect of
any civilian who would not have been
entitled to receive the allowance had
subsection 56(3.1) of that Act, as enacted by
subsection (4), been in force when the
allowance became payable.
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(6) Section 56 of the Act is amended by
adding the following after subsection (4):
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Application of
certain
provisions
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(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).
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1992, c. 24,
s. 8
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36. Subsection 57(1) of the Act is replaced
by the following:
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Allowances
authorized
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57. (1) Subject to subsection (2),
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R.S., c. V-1;
1990, c. 43;
1992, cc. 1,
24; 1995, c.
18
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DEPARTMENT OF VETERANS AFFAIRS ACT |
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1990, c. 43,
s. 1(4)
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37. Paragraph 5(1)(g.1) of the
Department of Veterans Affairs Act is
replaced by the following:
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