CONSOLIDATION

Order Respecting Ex Gratia Payments to Veterans Involved in Chemical Warfare Agent Testing

SI/2006-134

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Order Respecting Ex Gratia Payments to Veterans Involved in Chemical Warfare Agent Testing

Interpretation

Authorization

Application

Payment

No Crown Liability

Exclusion

Current to June 20, 2022

ii

Registration SI/2006-134 December 13, 2006

OTHER THAN STATUTORY AUTHORITY Order Respecting Ex Gratia Payments to Veterans Involved in Chemical Warfare Agent Testing

P.C. 2006-1350

November 21, 2006

Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, hereby makes the annexed Order Respecting Ex Gratia Payments to Veterans Involved in Chemical Warfare Agent Testing.

Current to June 20, 2022

Order Respecting Ex Gratia Payments to Veterans Involved in Chemical Warfare Agent Testing

Interpretation 1 The following definitions apply in this Order.

Minister means the Minister of National Defence. (ministre) 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

Current to June 20, 2022

Order Respecting Ex Gratia Payments to Veterans Involved in Chemical Warfare Agent Testing Authorization Sections 3-7

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 onetime 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.

Current to June 20, 2022

