June 23, 1922

LIB

Herbert Meredith Marler

Liberal

Mr. MARLER:

Certainly, my hon. friend is quite correct, the amendment should be in the bill.

Topic:   PENSION ACT AMENDMENT
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CON

Leon Johnson Ladner

Conservative (1867-1942)

Mr. LADNER:

When we deal with section 25 perhaps that amendment can be inserted.

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LIB

George Newcombe Gordon (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

Yes.

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CON

Leon Johnson Ladner

Conservative (1867-1942)

Mr. LADNER:

I desire also to make an amendment to section 11 of the main act. It is not in the amendments here, but I understood that a resolution was passed last night that Section 11 would be under consideration to-day. Naturally, it would be if there had not been this omission. I propose the following amendment:

Pension Act Amendment

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LIB

George Newcombe Gordon (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

Is that a new paragraph?

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CON
LIB

George Newcombe Gordon (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

Then the hon. member's amendment will be in order after all the other paragraphs of the bill have been dealt with.

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CON
LIB

George Newcombe Gordon (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

If it involves the proposed insertion of a ne'w section it should be offered after all the other sections of the bill as it stands have been adopted.

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CON

Section agreed to. On section 2-application for pension within three years after peace declared.


CON

William Garland McQuarrie

Conservative (1867-1942)

Mr. McQUARRIE:

Will the minister explain this clause? Does it cover the case I discussed with him-that of Mrs. Burton? That was a case in which an application was not put in within three years after the death of her husband.

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CON

John Arthur Clark

Conservative (1867-1942)

Mr. CLARK:

I moved this amendment in the committee for the very purpose of covering the cases of dependents who, through unfamiliarity with the law, or for some other good cause, overlooked the fact that they were entitled to pension. For instance, it might apply to a sister who had been supported by a deceased soldier but who only recently ascertained that the act entitled her to a pension. If it covers cases like that, I should think it would cover the case mentioned1 by my hon. friend I Mr. McQuarrie).

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CON

William Garland McQuarrie

Conservative (1867-1942)

Mr. McQUARRIE :

That is what I wanted to know. This amendment provides that application be made within three years of the date of the declaration of peace. What was that date?

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LIB

Henri Sévérin Béland (Minister of Soldiers' Civil Re-establishment; Minister presiding over the Department of Health)

Liberal

Mr. BELAND:

I think the amendment is sufficient to cover the case my hon. friend refers to. Mrs. Burton, the widow of a soldier, did not make application until after three years after the death of her husband. Section 13 of the act reads as follows :

A pension shall not be awarded unless an application therefor has been made within three years,-

(a) after the date of the death in respect of which pension is claimed;

That iwould be the case of Mrs. Burton, but let us go further:

(b) after the date upon which the applicant has fallen into a dependent condition;

(c) after the date upon which the applicant was retired or discharged from the forces; or,

(id) after the declaration of peace.

It would seem that the Board of Pension Commissioners would here have to exercise their discretion. It was on the 31st of August, 1921, that peace was declared. But apparently the board kept close to subsection (a), which provides that the application must be received within three years after the death in respect of which the pension is claimed. In order to meet such Cases it was recommended in the report of the committee that his amendment be made.

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LIB

Charles Gavan Power

Liberal

Mr. POWER:

The marginal note of section 2 reads:

Application for pension within three years after peace declared.

In the original act the marginal note is: " Time within which application must be made." It seems to me that if this marginal note as appearing in the hill were struck out, there would he no d'ffi-culty. The time is not limited only to three years after the death in respect of which pension is claimed. A man may die ten years from now of disability contracted on service, and his widow will he entitled to pension.

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LIB

Lewis Herbert Martell

Liberal

Mr. MARTELL:

I have in mind the

case of a soldier who was the only support of his mother and who was killed a couple of years before the war ended. She made application for pension, but her application was turned down under that provision of the act which says that the application must he made within three years after the death of the soldier. It so happened that she had saved some money and for some time after her son's death her son-in-law helped to support her. Unfortunately, her daughter died; her son-inlaw no longer thought it necessary to support his mother-in-law, and she was left without any means of subsistence. I believe, however, that this condition is now remedied, by the amendment to the act.

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PRO

Thomas Wakem Caldwell

Progressive

Mr. CALDWELL:

What is the effect

of adding this new provision to paragraph (d) of section 13?

Pension Act Amendment

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CON

William Garland McQuarrie

Conservative (1867-1942)

Mr. McQUARRIE:

Could we have the other matter cleared up first?

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LIB

Henri Sévérin Béland (Minister of Soldiers' Civil Re-establishment; Minister presiding over the Department of Health)

Liberal

Mr. BELAND:

Under the proposed

amendment to section 13, the case of Mrs. Burton and other cases of a like nature, would be covered, at least until the first day of September, 1924.

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June 23, 1922