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

Marginal note:Application of Pension Act

53 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.

54 and 55 [Repealed, 2000, c. 34, s. 9]

PART XICivilian Allowances

Marginal note:Definitions

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  • (c) [Repealed, 1999, c. 10, s. 35]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

Marginal note:Allowances authorized

• 57 (1) Subject to subsection (2),

  • (a) an allowance is payable to and in respect of a civilian and persons who, in relation to a civilian, would be entitled to an allowance under the War Veterans Allowance Act if the civilian were a veteran within the meaning of that Act, in the same manner and to the same extent as if the civilian were a veteran to whom that Act applies; and

  • (b) the War Veterans Allowance Act and everything done or permitted or required to be done thereunder in respect of veterans applies, with such modifications as the circumstances require, to and in respect of and for the purposes of determining all matters pertaining to an allowance payable under the authority of this section to and in respect of the civilian and those persons.

• Marginal note:No allowance in certain cases

  (2) No allowance is payable to a person who

  • (a) is a recipient of an allowance under the War Veterans Allowance Act; or

  • (b) in World War II served

    • (i) in enemy forces,

    • (ii) in an enemy ship, or

    • (iii) in war service groups associated with forces of the enemy.