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) by deleting ``his'' in the following provisions:

      (i) subsection 3(2),

      (ii) paragraphs 21(3)(b) to (d),

      (iii) subsection 48(3),

      (iv) subsections 48(4) and (5),

      (v) subsections 50(1) and (2),

      (vi) section 57,

      (vii) subparagraph (a)(ii) of the definition ``prisoner of war of another power'' in subsection 71.1(1),

      (viii) paragraph (b) of the definition ``prisoner of war of Japan'' in subsection 71.1(1), and

      (ix) subsection 71.3(2);

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

      (i) section 36,

      (ii) paragraphs 51(1)(a) and (b), and

      (iii) subsection 52(3);

    (c) by replacing ``his'' with ``their'' in subsection 71.1(2);

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

      (i) subsection 21(9),

      (ii) subsection 37(4), and

      (iii) subsection 42(4);

    (e) by replacing ``he'' with ``the member'' in the following provisions:

      (i) subsection 21(6),

      (ii) subsection 21(10), and

      (iii) subsection 51(1);

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

      (i) subsection 21(9),

      (ii) the definition ``obvious'' in subsection 21(12), and

      (iii) subsection 37(4);

    (g) by replacing ``him'' with ``the member'' in paragraph 51(1)(a); and

    (h) by replacing ``himself'' with ``themself'' in subsection 35(4).

Transitional Provision

Limitation

44. For greater certainty, notwithstanding section 39 of the Pension Act, the repeal of subsection 21(4) of that Act by subsection 21(7) of this Act does not confer any entitlement to a pension in respect of a period during which subsection 21(4) of the Pension Act was in force and the member in question was serving as a member of the regular force.

1920, c. 54

THE RETURNED SOLDIERS' INSURANCE ACT

45. The Returned Soldiers' Insurance Act is amended by adding the following after section 14:

When insured treated as if dead

14.1 (1) If the death of the insured has not been proved in accordance with the regulations made under paragraph 15(b) but the Minister is satisfied, after efforts satisfactory to the Minister have been made, that the insured has died or cannot be located, the Minister shall, subject to this section, apply this Act as if the insured had died on a date specified by the Minister.

Definition of ``Ministerial payment''

(2) In subsection (3), ``Ministerial payment'' means an amount of insurance money that is payable by virtue of the operation of subsection (1) and would not be payable in the absence of its operation.

Agreement to repay Minister

(3) The Minister shall not make a Ministerial payment unless the person to whom that payment is to be made agrees in writing, in such form as is prescribed by the Minister, to repay to the Minister the amount of that payment in the event that the insured referred to in subsection (1) is subsequently determined by the Minister to be alive.

When beneficiary or contingent beneficiary treated as if dead

14.2 (1) If, after the insured's death, the death of a beneficiary or contingent beneficiary has not been proved in accordance with the regulations made under paragraph 15(b) but the Minister is satisfied, after efforts satisfactory to the Minister have been made, that that beneficiary or contingent beneficiary died within the insured's lifetime or cannot be located, the Minister shall, subject to this section, apply this Act as if that beneficiary or contingent beneficiary had died within the insured's lifetime.

Definition of ``Ministerial payment''

(2) In subsection (3), ``Ministerial payment'' means an amount of insurance money that is payable by virtue of the operation of subsection (1) and would not be payable in the absence of its operation.

Agreement to repay Minister

(3) The Minister shall not make a Ministerial payment unless the person to whom that payment is to be made agrees in writing, in such form as is prescribed by the Minister, to repay to the Minister the amount of that payment in the event that the beneficiary or contingent beneficiary referred to in subsection (1) is subsequently determined by the Minister to be alive.

R.S., c. R-11

ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT

1998, c. 11, ss. 1, 2

46. Sections 32 to 32.2 of the Royal Canadian Mounted Police Superannuation Act are replaced by the following:

Eligibility for awards under Pension Act

32. Subject to this Part, an award in accordance with the Pension Act shall be granted to or in respect of

    (a) any person to whom Part VI of the former Act applied at any time before April 1, 1960 who, either before or after that time, has suffered a disability or has died, or

    (b) any person who served in the Force at any time after March 31, 1960 as a contributor under Part I of this Act and who has suffered a disability, either before or after that time, or has died,

in any case where the injury or disease or aggravation thereof resulting in the disability or death in respect of which the application for the award is made arose out of, or was directly connected with, the person's service in the Force.

Service in special duty area

32.1 (1) An award in accordance with the Pension Act shall be granted to or in respect of a member of the Force who is disabled or dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during service on a peacekeeping mission in a special duty area, as though the service were ``service in a special duty area'' as defined in subsection 3(1) of the Pension Act.

Designation of special duty area

(2) The Governor in Council may, by order,

    (a) designate as a special duty area any geographic area outside Canada where members of the Force serve as part of a peacekeeping mission and may be exposed to hazardous conditions not normally associated with service in peacetime; and

    (b) specify the commencement and termination dates for the period during which service in a special duty area qualifies a member of the Force for an award under subsection (1).

Definition of ``special duty area''

(3) In subsection (1), ``special duty area'' means an area designated as a special duty area by

    (a) an order made under subsection (2); or

    (b) an order made or continued under section 91.1 of the Pension Act.

Adjudication

32.2 All claims for awards under this Part shall be dealt with and adjudicated on in like manner as claims under the Pension Act, and all provisions of that Act not inconsistent with this Part apply, with such modifications as the circumstances require, to any claim under this Part.

R.S.C. 1927, c. 188

SOLDIER SETTLEMENT ACT

1931, c. 53, s. 3

47. (1) Subsection 3(1) of the Soldier Settlement Act is replaced by the following:

The Director of Soldier Settlement

3. (1) The person who from time to time holds the office of the Deputy Minister of Veterans Affairs or such person as the Deputy Minister may designate is, by virtue of holding that office or by virtue of that designation, as the case may be, the Director of Soldier Settlement.

1931, c. 53, s. 3

(2) Subsection 3(5) of the Act is repealed.

48. Subsection 56(2) of the Act is repealed.

49. Paragraph 62(4)(a) of the Act is repealed.

50. Section 63 of the Act is repealed.

51. Section 64 of the Act is amended by adding the following after paragraph (m):

    (m.1) the appointment of persons to exercise or perform with respect to such matters as may be specified in the regulations any of the powers or duties conferred or imposed by this Act on the Board; and

R.S.C. 1952, c. 256

SPECIAL OPERATORS WAR SERVICE BENEFITS ACT

52. Section 3 of the Special Operators War Service Benefits Act is replaced by the following:

WAR SERVICE BENEFITS

Special operators deemed to be veterans, etc.

3. Every special operator, on the termination of their service as such, is deemed

    (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; and

    (c) for the purposes of the Pension Act, to have been a member of the forces who performed service as a sergeant in the military forces in a theatre of actual war.

53. The Act is amended by adding the following after section 5:

Service medals

5.1 Every special operator is deemed to be a member of the forces for the purpose of eligibility to be awarded a campaign star or other service medal.

Replacement of ``Under-Secre tary of State for External Affairs'' with ``Deputy Minister of Foreign Affairs''

54. The Act is amended by replacing ``Under-Secretary of State for External Affairs'' with ``Deputy Minister of Foreign Affairs'' in the following provisions:

    (a) paragraph 2(a); and

    (b) section 8.

R.S.C. 1952, c. 258

SUPERVISORS WAR SERVICE BENEFITS ACT

55. Sections 2 to 4 of the Supervisors War Service Benefits Act are replaced by the following:

Definitions

2. The definitions in this section apply in this Act.

``supervisor''
« surveillant »

``supervisor'' means a helper or a supervisor within the meaning of section 16 of the Civilian War-related Benefits Act.

``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.

Previous Page Table of Contents Next Page