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An Act to amend the statute law in respect of
benefits for veterans and the children of
deceased veterans
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[Assented to 7th November, 2003]
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| R.S., c. C-28;
1990, c. 43,
s. 43
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| 1990, c. 43,
s. 44
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1. Paragraph (d) of the definition
``student'' in section 2 of the Children of
Deceased Veterans Education Assistance Act
is replaced by the following:
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(d) a child who, but for the operation of
section 25 or 26 of the Pension Act,
would be included in paragraph (a) of this
definition.
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| 1995, c. 17,
s. 42
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2. Section 3.1 of the Act is repealed.
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| 1990, c. 43,
s. 45
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3. Paragraph 4(1)(a) of the Act is
replaced by the following:
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4. Section 12 of the Act is amended by
adding the following after paragraph (a):
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(a.1) prescribing the maximum amount of
costs under this Act payable in respect of a
student, and providing for the annual
adjustment of that amount as a function of
the Consumer Price Index;
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5. Item 1 of the schedule to the Act is
replaced by the following:
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1. Paragraphs 21(1)(b) and (e), subsections
21(2) and 34(6) and sections 64, 65 and 66 of
the Pension Act.
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6. Item 6 of the schedule to the Act is
replaced by the following:
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6. Section 34 of the Veterans Review and
Appeal Board Act.
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| R.S., c. P-6
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| 2003, c. 12,
s. 1(2)
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7. Paragraph (b) of the definition
``service spécial'' in subsection 3(1) of the
French version of the Pension Act is
replaced by the following:
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b) le déplacement pour se rendre dans la
zone, sur les lieux de l'opération ou dans
le lieu de la formation visée à l'alinéa a)
et en revenir;
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| R.S., c. 37
(3rd Supp.),
s. 12
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8. (1) Subparagraphs 71.2(1)(a)(i) and (ii)
of the Act are replaced by the following:
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(i) 5% of basic pension, where that
person was such a prisoner for periods
totalling at least 30 days but not more
than 88 days,
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(ii) 20% of basic pension, where that
person was such a prisoner for periods
totalling at least 89 days but not more
than 364 days, or
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(iii) 50% of basic pension, where that
person was such a prisoner for periods
totalling at least 365 days; and
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| R.S., c. 37
(3rd Supp.),
s. 12
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(2) Subparagraphs 71.2(1)(b)(i) to (iii) of
the Act are replaced by the following:
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(i) 5% of basic pension, where that
person was such a prisoner for periods
totalling at least 30 days but not more
than 88 days,
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(ii) 10% of basic pension, where that
person was such a prisoner for periods
totalling at least 89 days but not more
than 545 days,
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(iii) 15% of basic pension, where that
person was such a prisoner for periods
totalling at least 546 days but not more
than 910 days,
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(iv) 30% of basic pension, where that
person was such a prisoner for periods
totalling at least 911 days but not more
than 1,275 days,
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(v) 35% of basic pension, where that
person was such a prisoner for periods
totalling at least 1,276 days but not more
than 1,641 days, or
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(vi) 40% of basic pension, where that
person was such a prisoner for periods
totalling at least 1,642 days.
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| R.S., c. R-11
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| 2003, c. 12,
s. 4
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9. Paragraph 32.1(2)(b) of the French
version of the Royal Canadian Mounted
Police Superannuation Act is replaced by
the following:
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b) le déplacement pour se rendre dans la
zone, sur les lieux de l'opération ou dans le
lieu de la formation visée à l'alinéa a) et en
revenir;
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| R.S., c. W-3
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| 2000, c. 34,
s. 89(1)
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10. (1) Subparagraph 37(3)(a)(i) of the
War Veterans Allowance Act is replaced by
the following:
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(i) having enlisted and having the
enlistment attested, served in a theatre of
actual war during World War I or World
War II and was discharged from the
service in which he or she was enlisted,
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(2) Subsection (1) does not apply in
respect of any person found by the Veterans
Review and Appeal Board, in a decision
rendered by that Board before this Act is
assented to, to be a ``veteran'' within the
meaning of subparagraph 37(3)(a)(i) of the
War Veterans Allowance Act as it read
immediately before that assent.
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| 2000, c. 34
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11. Section 100 of An Act to amend the
statute law in relation to veterans' benefits is
repealed.
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| Authority to
make
allowance and
pay costs
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12. (1) The Minister of Veteran Affairs
may, for the purposes of the Children of
Deceased Veterans Education Assistance
Act, make allowances to or in respect of, and
pay the education or instruction costs in
respect of, a student who was not entitled to
them by reason only of section 3.1 of that
Act before its repeal by section 2 of this Act.
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| Amount of
allowance
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(2) For the purposes of subsection (1), the
amount of the monthly allowance that may
be paid to or in respect of a student for the
period beginning on February 28, 1995 and
ending on August 31, 2003 is $167.47, in lieu
of the aggregate of the amounts referred to
in paragraphs 4(1)(a) and (b) of the
Children of Deceased Veterans Education
Assistance Act.
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| Maximum
amount of
education or
instruction
costs
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(3) For the purposes of subsection (1), the
maximum amount of education or
instruction costs payable in respect of a
student for any academic year falling, in
whole or in part, within the period
beginning on February 28, 1995 and ending
on August 31, 2003 is $1,500.
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| Maximum
period
covered
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(4) For the purposes of subsection (1),
subsection 4(4) of the Children of Deceased
Veterans Education Assistance Act does not
apply.
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| Definition of
``amending
regulation''
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13. (1) In subsection (2), ``amending
regulation'' means the first regulation
amending paragraph 5(3)(a) of the Children
of Deceased Veterans Education Assistance
Regulations that is made after this Act is
assented to.
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| Maximum
amount of
education or
instruction
costs
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(2) For the purposes of the Children of
Deceased Veterans Education Assistance Act
and notwithstanding paragraph 5(3)(a) of
the Children of Deceased Veterans
Education Assistance Regulations, the
maximum amount of education or
instruction costs payable in respect of a
student for any academic year falling, in
whole or in part, within the period
beginning on September 1, 2003 and ending
on the day on which the amending
regulation comes into force is $4,000.
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| Coming into
force
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14. (1) Section 3 is deemed to have come
into force on September 1, 2003.
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(2) Section 8 is deemed to have come into
force on April 1, 2003.
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