Marginal note:Short title

1. This Act may be cited as the War Service Grants Act.

Marginal note:Definitions

2. In this Act

“business”

« entreprise » ou « fonds de commerce »

“business” includes trade, industry or profession;

“credit” and “re-establishment credit”

« crédit » ou « crédit de réadaptation »

“credit” and “re-establishment credit” mean the credit provided for under Part II;

“deceased member”

« membre décédé »

“deceased member” includes a member of the forces who for the purposes of the force in which he served is officially presumed to have died;

“dependants' allowance”

« indemnité pour charges de famille » ou « allocations familiales militaires »

“dependants' allowance” means the marriage allowance and dependants' allowances prescribed by regulations made by the Governor in Council pursuant to the National Defence Act, the Naval Service Act, chapter 139 of the Revised Statutes of Canada, 1927, The Naval Service Act, 1944, the Militia Act, chapter 132 of the Revised Statutes of Canada, 1927, or The Royal Canadian Air Force Act, chapter 15 of the Statutes of Canada, 1940, as the case may be;

“discharge”

« libération »

“discharge” means ceasing to serve on active service in the forces since the 10th day of September 1939;

“forces”

« forces »

“forces” means the naval, army or air forces of His Majesty raised in Canada;

“gratuity” and “war service gratuity”

« gratification » ou « gratification de service de guerre »

“gratuity” and “war service gratuity” mean the gratuity payable under Part I;

“home”

« habitation »

“home” means a house or building intended for human habitation and owned

• (a) solely by the member,

• (b) by the member’s spouse or jointly by the member and his spouse,

• (c) by a parent of the member who is dependent upon the member for support,

• (d) jointly by the parents of the member, one of whom is dependent upon the member for support, or

• (e) jointly by the member and one or both of his parents,

and used or to be used by the member as his dwelling, together with the land upon which it is situated including in the case of a farm, land used therewith for the purpose of farming;

“member of the forces” and “member”

« membre des forces » ou « membre »

“member of the forces” and “member” mean any person who was on service in the forces during the war that commenced in September 1939 and include any person who served in the Canadian Women’s Army Corps since the 13th day of August 1941;

“Minister”

« Ministre »

“Minister” means the Minister of Veterans Affairs;

“misconduct”

« mauvaise conduite »

“misconduct” includes

• (a) the commission of an offence under the National Defence Act, the Naval Discipline Act, the Army Act or the Air Force Act, of which the member was convicted by a court-martial, including in the case of naval forces, a disciplinary court, or of which he was found guilty upon summary disposition of the charge,

• (b) the commission of an offence of which the member was convicted by a court of competent jurisdiction, and

• (c) such misconduct as might, in the case of an officer, result in his removal from the forces;

“overseas service”

« service outre-mer »

“overseas service” means any service involving duties required to be performed outside the Western Hemisphere, and includes service involving duties required to be performed outside Canada and the United States and the territorial waters thereof in aircraft or anywhere in a ship or other vessel, service in which is classed as "sea time" for the purpose of advancement of naval ratings, or which would be so classed were the ship or other vessel in the service of the naval forces of Canada;

“pay and allowances”

« solde et allocations »

“pay and allowances” includes dependants' allowance together with all other allowances calculable and payable on a daily basis except

• (a) kit upkeep allowances,

• (b) underclothing allowances,

• (c) travelling allowances,

• (d) lodging and provisional allowance or subsistence allowance as the case may be in excess of the standard rates payable in Canada at the date of discharge, and

• (e) any special allowance payable overseas but not payable in respect of service in Canada;

“purchase of a business”

« achat d’un fonds de commerce »

“purchase of a business” includes the purchase of an interest in an existing partnership and the advance of capital for a new partnership, if the partnership business is to be the main occupation of the member and he intends to participate actively in that business;

“service”

« service »

“service” means time served on active service in the forces

• (a) while enlisted or obligated to serve without territorial limitation,

• (b) in the Aleutian Islands, the United Kingdom or the European or the Mediterranean operational theatres, or

• (c) while proceeding from Canada to any of the places mentioned in paragraph (b) or returning from any of those places to Canada;

“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.