Location: Home - Multiculturalism - Chinese Head Tax and Historical Recognition Initiatives | 2006-12-15 | ||
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[ print friendly ] Applicant's Guide:Guide and Application Form for an Ex-Gratia payment to a person who was in a conjugal relationship with a now-deceased Chinese Head Tax PayerEligibility requirements for an ex-gratia payment to a living person who was in a conjugal relationship with a now-deceased Head Tax payerApplications will be assessed against specific criteria to determine the eligibility of an applicant. To be eligible for a $20,000 ex‑gratia payment, the applicant must:
All criteria must be met in order to be eligible for an ex-gratia payment. Definition of an ex-gratia paymentAn ex-gratia payment is a payment made voluntarily, for which there is no legal liability on the part of the Crown. SignaturesApplications can be signed either by the applicant or by a person legally authorized to represent the applicant. Proof must be provided with the application form in the case of a person who is legally authorized to represent the applicant. Supporting documents must be certified by a Commissioner for OathsYou must submit a certified copy of each of your original documents of proof in support of your application form. Please do not provide original documents. An applicant cannot certify copies of their own documents. Original documents must be presented to a Commissioner for Oaths who will certify that each document pertains to the applicant. A Commissioner for Oaths must certify the documents and include his or her name, profession, date and stamp or seal on the certified copy. They must also write in capital letters the following statement on the photocopy they are certifying: I CERTIFY THAT THIS PHOTOCOPY IS A TRUE COPY OF THE ORIGINAL DOCUMENT, WHICH, TO THE BEST OF MY KNOWLEDGE, HAS NOT BEEN ALTERED IN ANY WAY. The following, by virtue of their status, may receive oaths:
Documentation is required to assist the Department in processing your application. Failure to accurately provide any of the information or documentation requested in the application could result in a delay in processing your request for a payment. Proof of conjugal relationshipProof must be provided that the person was ordinarily residing with the Head Tax Payer in a conjugal relationship of some permanence that would be, as an indication, for at least a year. One of the following could be an example of proof (list not exhaustive):
Proof of identityAcceptable documents for proof of identity (list not exhaustive)One or more documents should include photo identification, proof of family and given names, date of birth and current address
Information on identity is required to process applications for an ex-gratia payment to a person, living on or after February 6, 2006, who was in a conjugal relationship with a now-deceased Head Tax payer. Documents that prove identity are required for both the applicant and the Head Tax payer. Proof of Canadian citizenship or permanent residence documentsAcceptable documents required for proof of Canadian citizenship or permanent residence/ landed immigrant status (list not exhaustive) Canadian citizenship
Permanent residence/landed immigrant status
If an applicant cannot provide documents to prove he or she is a Canadian citizen or permanent resident, a search of historical records of Citizenship and Immigration Canada and/or Library and Archives Canada will be undertaken, upon the consent of the applicant, to verify his or her personal information provided in the application (see consent #2 on page 11). If the applicant cannot provide documents to prove the Head Tax payer was a Canadian citizen or permanent resident, a search of personal information will be undertaken by the federal partners mentioned above and will be made in accordance with the Privacy Act. If the applicant is not a permanent resident or a Canadian citizen, additional information will be required to determine if the applicant has a long-standing connection to Canada in order to be eligible for the payment. This also applies to a Head Tax payer who was not a permanent resident or a Canadian citizen. If this is the case, please contact the Department of Canadian Heritage at 1-888-776-8584. Proof of Head Tax paymentAcceptable documents or information required for proof of Head Tax payment
If an applicant cannot provide documents or information to prove that the Head Tax was paid, a search of historical records by Library and Archives Canada and Citizenship and Immigration Canada will be undertaken. Verification involving disclosure of personal information of the Head Tax payer will be made in accordance with the Privacy Act. Proof of deathAcceptable documents required for proof of Head Tax payer's death (list not exhaustive)One of the following:
Documentary evidence that a Head Tax payer is now-deceased must be provided to substantiate the application by an applicant. Verification involving disclosure of personal information of the Head Tax payer will be made in accordance with the Canada Pension Plan (CPP). Designated beneficiaryIn the event the applicant is assessed as eligible to receive a payment but dies prior to the payment being made, a designated beneficiary, not the applicant's estate, will receive the payment. If no beneficiary has been designated in the application form or if the designated beneficiary has also died, no payment will be made. Privacy statementThe information contained in this form is required for the purpose of issuing an ex-gratia payment to a person, living on or after February 6, 2006, who was in a conjugal relationship with a now-deceased Head Tax payer. Providing this information is voluntary and not required by law. However, if this information is not provided, an application cannot be processed and no ex-gratia payment can be issued. In order for an ex-gratia payment to be processed and issued, Canadian Heritage will need to verify the veracity of the information submitted. The consent section must be signed to allow Library and Archives Canada and Citizenship and Immigration Canada to verify the personal information the applicant has provided (Consent #1, see page 11). Should an applicant be unable to provide some or all supporting documents regarding his or her personal information, a second consent is required to allow a records search by federal partners (Consent #2, see page 11). Concerning the identity and the existence of a conjugal relationship, this is a written request to the Minister of Human Resources and Social Development Canada to disclose personal information to Canadian Heritage as required by the provisions of the Old Age Security Act and Canada Pension Plan (Request, see p. 11). Note that verification involving disclosure of personal information of the Head Tax payer will be made in accordance with the Privacy Act, Old Age Security Act (OASA) and Canada Pension Plan (CPP). AffidavitThe applicant must take the application form to a Commissioner for Oaths to make oath or declare that the information on the application is true and accurate. Knowingly making a false or fraudulent application could result in criminal prosecution. Application deadlineThe application deadline is March 31, 2008. Where an application is submitted after March 31, 2008, the application may be accepted if the Minister of Canadian Heritage is satisfied that theapplicant was unable to submit the application before that date because of facts or circumstances beyond the control of the applicant. Payment receiptEligible applicants will receive one cheque of $20,000, by mail. To obtain an application formApplication guides and forms in both official languages (English and French) are available online or by contacting Canadian Heritage at 1-888-776-8584. Application guides and forms are also available at any of the 323 Service Canada centres throughout the country. For the Service Canada centre near you, contact the national 1-800-O-Canada call centre at 1-800-622-6232 or for online services, through servicecanada.gc.ca. Service Canada also offers TTY, or teletypewriter service (a telecommunications device for hearing-and speech-impaired persons), at 1-800-926-9105. Application forms must be completed in English or in French. However, as a reference tool, application forms and guide are available in Chinese from Canadian Heritage (traditional and simplified). Forms must be mailed to the following address:Chinese Head Tax Ex-Gratia PaymentsMulticulturalism and Human Rights Branch Department of Canadian Heritage 25 Eddy Street, 11th Floor Gatineau, Quebec K1A 0M5
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Date modified: 2006-11-30 |
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