Order Respecting Ex Gratia Payments to Veterans Involved in Chemical Warfare Agent Testing (SI/2006-134)

Interpretation

1 The following definitions apply in this Order.

Minister

Minister means the Minister of National Defence. (ministre)

veteran

veteran means a former member of

• (a) the naval, army or air forces of Canada or similar forces raised in Newfoundland and Labrador; or

• (b) the Canadian Forces. (ancien combattant)

Authorization

2 The Minister is hereby authorized, on application under section 4, to make an ex gratia payment of $24,000 to a veteran who was a volunteer subject in chemical warfare agent testing during the period beginning on January 1, 1940 and ending on December 31, 1974, and who is alive on the day on which the payment is to be made.

3 In the case of a veteran who has died, the Minister is authorized, on application under section 4, to make the payment set out in section 2

• (a) if the veteran died testate and the distribution of the estate or the liquidation of the succession of the veteran is not completed, to the executor or liquidator of the succession;

• (b) if the veteran died testate and the distribution of the estate or the liquidation of the succession of the veteran has been completed, to the natural person who is entitled under the will to the residue of the estate or, if there are two or more such persons, to those persons on a pro rata basis of their share of the residue; or

• (c) if the veteran died intestate, to the adult who was ordinarily living with the veteran at the time of the veteran’s death and was primarily responsible for providing care to the veteran without remuneration or, if there are two or more such adults, to those adults on a pro rata basis.

Application

4 An application for an ex gratia payment made under section 2 or 3 shall be submitted to the Minister on or before February 28, 2007 by the veteran or by the applicable person or persons referred to in section 3, shall be in the form approved by the Minister and shall be supported by any evidence that he or she considers necessary.

Payment

• 5 (1) A payment under section 2 or 3 consists of a one-time lump sum payment.

• (2) No payment shall be made by the Minister under this Order after March 31, 2007.

No Crown Liability

6 A payment made under this Order does not constitute an admission of liability on the part of the Crown.

Exclusion

7 This Order does not apply to a veteran in respect of whom an ex gratia payment has been made under the Chemical Warfare Agent Testing Recognition Program.