Skip to main content

Bill C-41

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

    (a) who

      (i) served in a theatre of actual war during World War I or World War II,

      (ii) is in receipt of a pension for disability under the Pension Act in respect of service during World War I or World War II as those wars are defined in that Act,

      (iii) has accepted a commuted pension in respect of service described in subparagraph (ii), or

      (iv) is, after death, declared to have been eligible for, or awarded, a pension described in subparagraph (ii); or

1992, c. 24, s. 11(1); 1995, c. 17, s. 71(1)

(2) Subsection 37(4) of the Act is replaced by the following:

Allied veteran

(4) An allied veteran is any former member of

    (a) any of His Majesty's forces,

    (b) any of the forces, other than resistance groups, of any of His Majesty's allies, or

    (c) any of the forces, other than resistance groups, of any power associated with His Majesty in World War I

who was domiciled in Canada at the time when he or she joined that force or at any time while a member of that force, and

    (d) served in a theatre of actual war during World War I or World War II,

    (e) is in receipt of a pension for disability under the Pension Act in respect of service during World War I or World War II as those wars are defined in that Act,

    (f) has accepted a commuted pension in respect of service described in paragraph (e),

    (g) is, after death, declared to have been eligible for, or awarded, a pension described in paragraph (e), or

    (h) served in the United Kingdom during World War I.

(3) Paragraph 37(7)(b) of the Act is replaced by the following:

    (b) is in receipt of a pension under the Pension Act, or is declared to have been eligible for, or awarded, a pension under the Pension Act after the member's death, having become eligible for that pension by virtue of

      (i) service as a member of the special force, as that force is defined in subsection 3(1) of that Act, or

      (ii) service in the Korean War, as that service is defined in subsection 3(1) of that Act.

1999, c. 10, s. 3(1)

(4) The portion of subparagraph 37(7.3)(a)(iii) of the Act before clause (A) is replaced by the following:

      (iii) a home-trade voyage any part of which went outside the territorial waters of Canada and the territorial waters of all other countries and was

(5) The portion of subsection 37(10) of the Act before paragraph (a) is replaced by the following:

Commenceme nt and duration of wars

(10) For the purpose of this section, except subparagraphs (3)(a)(ii) to (iv) and paragraphs (4)(e) to (g),

Gender-neutra l terminology

90. The English version of the Act is amended

    (a) by deleting ``his'' in subsection 5(5);

    (b) by replacing ``his'' with ``the'' in the following provisions:

      (i) the portion of section 11 before paragraph (a), and

      (ii) subsections 14(1) and (2);

    (c) by replacing ``his'' with ``his or her'' in the following provisions:

      (i) paragraph (a) of the definition ``orphan'' in subsection 2(1),

      (ii) paragraph 14(2)(b), and

      (iii) paragraph 14(3)(b);

    (d) by replacing ``his'' with ``the Minister's'' in subsections 5(2) and (3);

    (e) by replacing ``his'' with ``the veteran's'' in subsection 10(1);

    (f) by replacing ``his'' with ``the recipient's'' in the following provisions:

      (i) paragraphs 4(5)(a) and (b), and

      (ii) paragraph 14(2)(a);

    (g) by replacing ``his'' with ``the applicant's'' in paragraph 14(3)(a);

    (h) by replacing ``his death'' with ``their death'', ``his life'' with ``their life'' and ``his discretion'' with ``the Minister's discretion'' in subsection 5(1);

    (i) by replacing ``he'' with ``the recipient'' in subsection 14(1);

    (j) by replacing ``he'' with ``he or she'' in the following provisions:

      (i) subsection 32(2), and

      (ii) subparagraph 37(6)(a)(ii);

    (k) by replacing ``him'' with ``the veteran'' in paragraph 5(5)(b);

    (l) by replacing ``him'' with ``the recipient'' in paragraph 14(2)(a);

    (m) by replacing ``acquired by him'' with ``acquired by the recipient'' and ``pay to him'' with ``pay to that Director'' in section 16; and

    (n) by replacing ``himself'' with ``themself'' in subsection 14(1).

R.S.C. 1952, c. 297

WOMEN'S ROYAL NAVAL SERVICES AND THE SOUTH AFRICAN MILITARY NURSING SERVICE (BENEFITS) ACT

91. Section 3 of the Women's Royal Naval Services and the South African Military Nursing Service (Benefits) Act is replaced by the following:

WAR SERVICE BENEFITS

Members of W.R.N.S. and S.A.M.N.S. deemed to be veterans, etc.

3. Every person domiciled and resident in Canada who served outside Canada at any time since September 10, 1939 as a member of the Women's Royal Naval Services or of the South African Military Nursing Service and was domiciled in Canada at the time of becoming such a member is deemed, on the termination of that service,

    (a) to be a veteran within the meaning of the Veterans' Land Act, the Veterans Insurance Act and the War Veterans Allowance Act;

    (b) for the purposes of the Department of Veterans Affairs Act, to have served in the naval, army or air forces of Her Majesty;

    (c) for the purposes of section 26 of the War Service Grants Act, to have served on active service in any of the naval, army or air forces of His Majesty other than those raised in Canada;

    (d) in the case of a member of the Women's Royal Naval Services, for the purposes of section 65 of the Pension Act, to have served in the naval, army or air forces or the merchant navy of the United Kingdom; and

    (e) in the case of a member of the South African Military Nursing Service, for the purposes of section 66 of the Pension Act, to have served in the naval, army or air forces or the merchant navy of a member of the Commonwealth other than Canada and the United Kingdom.

AMENDMENTS TO OTHER ACTS

Appropriation Act No. 10, 1964

Repeal of Vote governing special duty areas

92. Schedule B to Appropriation Act No. 10, 1964, chapter 34 of the Statutes of Canada, 1964-65, is amended by repealing National Defence Vote 58a.

Terminology Changes

Replacement of ``Affaires des anciens combattants'' with ``Anciens Combattants''

93. The French version of the following provisions is amended by replacing ``Affaires des anciens combattants'' with ``Anciens Combattants``:

    (a) Schedule I to the Public Sector Compensation Act;

    (b) the definition ``Ministre'' in section 2, and paragraph 9(3)(b) of The Returned Soldiers' Insurance Act, S.C. 1920, c. 54;

    (c) the definition ``Ministre'' in section 2 of the Veterans Benefit Act, R.S.C. 1970, c. V-2;

    (d) the definition ``Ministre'' in subsection 2(1) of the Veterans Insurance Act, R.S.C. 1970, c. V-3;

    (e) the definition ``Ministre'' in subsection 2(1) of the Veterans' Land Act, R.S.C. 1970, c. V-4; and

    (f) the definition ``Ministre'' in section 2, and section 28 of the War Service Grants Act, R.S.C. 1970, c. W-4.

Replacement of ``Anciens combattants'' with ``Anciens Combattants''

94. The French version of the following provisions is amended by replacing ``Anciens combattants'' with ``Anciens Combattants``:

    (a) Schedule I to the Access to Information Act;

    (b) paragraph 104.03(2)(b) of the Canada Pension Plan;

    (c) the definition ``ministre'' in subsection 2(1), section 38, and paragraphs 41(b) and 42(b) of the Civilian War-related Benefits Act;

    (d) the long title, subsection 2(1), section 3 and subsection 6.1(1) of the Department of Veterans Affairs Act;

    (e) paragraph 27(a) of Part VI of Schedule V to the Excise Tax Act;

    (f) Schedule I to the Financial Administration Act;

    (g) subsection 3(3) of the Halifax Relief Commission Pension Continuation Act, S.C. 1974-75-76, c. 88;

    (h) paragraph 33.03(2)(b) and subsection 36(3) of the Old Age Security Act;

    (i) the definitions ``ministère'' and ``ministre'' in subsection 3(1) of the Pension Act;

    (j) the schedule to the Privacy Act;

    (k) section 4 of the Salaries Act;

    (l) the definition ``ministre'' in section 2, section 15, subsections 108(2) and 109(1), section 112 and subsections 113(1) and (2) of the Veterans Review and Appeal Board Act; and

    (m) the definitions ``ministère'' and ``ministre'' in subsection 2(1), and subsection 30(3) of the War Veterans Allowance Act.

Replacement of ``Anciens combattants'' with ``Anciens Combattants''

95. The French version of the following provisions is amended by replacing ``Anciens combattants'' with ``Anciens Combattants'':

    (a) section 1 of the Department of Veterans Affairs Act;

    (b) subsection 90(1) of the Pension Act;

    (c) subsection 33(1) of the Royal Canadian Mounted Police Superannuation Act; and

    (d) the definition ``Bureau'' in section 2, and paragraph 24(a) of the Veterans Review and Appeal Board Act.