Marginal note:Deductions from gratuity
6. (1) Pursuant to regulations of the Governor in Council in that behalf there may be deducted from the war service gratuity
(a) overpayments of pay and allowances, other than dependants' allowance but including assigned pay, as follows:
(i) pay and allowances issued to or on account of a member at rates in excess of those authorized by the appropriate naval, army or air force financial regulations,
(ii) pay or allowances issued to or on account of a member that, having regard to his naval, army or air force status at the date of issue, were not authorized by the appropriate naval, army or air force financial regulations, and
(iii) advances of travel allowances not accounted for by a member at the time of payment of the gratuity, or any portion thereof, to or in respect of such member;
(b) overpayments of dependants' allowances as follows:
(i) any overpayment which the Minister has ordered to be recovered from a member upon a finding, concurred in by the Judge Advocate General, that such member was guilty of wilful misrepresentation or fraud, and
(ii) where the gratuity, by reason of the death of the member to whom it was payable, becomes payable in whole or in part to a dependant, any overpayment that the Minister has found, with the concurrence of the Judge Advocate General, to have been made to such dependant as a result of wilful misrepresentation or fraud by the member or the dependant; and
(c) such other payments of pay and allowances made to or on account of a member, or to his dependants, as the Governor in Council may authorize.
(2) Any amount deducted from the gratuity pursuant to subsection (1) shall, to the extent that His Majesty has previously been reimbursed in respect of the overpayment by any person other than the member to or on account of whom the overpayment was made, be paid over to that person.
Marginal note:Exemption from Financial Administration Act
(3) Section 157 of the Financial Administration Act does not apply to a gratuity.
- R.S., 1970, c. W-4, s. 6;
- 1984, c. 31, s. 14.
Marginal note:Manner of payment
7. (1) Payment of war service gratuity to a member of the forces shall be made in monthly instalments payable in arrears not exceeding the amount of pay and allowances, including dependants' allowance, paid to or in respect of such member for the thirty days immediately preceding his discharge, unless as a result of a posting from an establishment, unit or ship for discharge purposes, his pay and allowances are reduced, in which case no instalment shall exceed the pay and allowances including dependants' allowance in issue to such member for the thirty days immediately preceding such posting and including also, in the case of a member of the naval forces, lodging and provision allowance, and in the case of a member of the army or air force, subsistence allowance at the standard rates payable in Canada, notwithstanding that at the date of discharge he was not receiving such allowances.
Marginal note:Pay and allowances
(2) For the purposes of this section the pay and allowances, including dependants' allowance, in issue for the thirty days immediately preceding discharge or for the thirty days immediately preceding the posting of the member from an establishment, unit or ship for discharge purposes, as the case may be, shall be deemed to be the equivalent of the daily rate in issue for the last day of either of such thirty day periods multiplied by thirty.
- R.S., 1952, c. 289, s. 7.
- Date modified: