GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Defence Services Pension Continuation Act — D-1.3 19
Retirement after renewed service 19 A militiaman so serving again is entitled to retire at the same time as he would have been entitled to retire if the time that elapsed between his retirement and the renewal of his service were service, but the time so elapsed shall not be reckoned as service in calculating his pension on his final retirement. R.S., 1952, c. 63, s. 19
Defence Services Pension Continuation Act — D-1.3 20
Failure or refusal to be examined 20 (1) Where a militiaman fails or refuses, when required, to be examined by a legally qualified medical practitioner, the Minister has the same power of requiring such militiaman to serve again as he would have under this section, if satisfied by the evidence of a legally qualified medical practitioner that the incapacity of such militiaman had ceased. Forfeiture of pension (2) In such case the Minister may with the approval of the Governor in Council declare forfeited the pension of such militiaman. R.S., 1952, c. 63, s. 20
Defence Services Pension Continuation Act — D-1.3 21
Infirmity contributed to by militiaman 21 When a pension is granted to a militiaman on account of infirmity of mind or body, and such infirmity is certified by a medical board constituted as aforesaid, to have been brought about or contributed to by his own fault, or by his vicious habits, and such militiaman is entitled under this Act to a pension of a fixed amount, the Governor in Council may grant to him a less amount of pension than the amount to which he would otherwise have been entitled. R.S., 1952, c. 63, s. 21
Defence Services Pension Continuation Act — D-1.3 23
Obtaining pension by fraud 23 Every militiaman who obtains a pension under this Act by any false representation or false evidence, or by personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, is liable on summary conviction to imprisonment, with or without hard labour, for a period not exceeding twelve months, or to a fine not exceeding one hundred dollars, and shall forfeit the pension obtained. R.S., 1952, c. 63, s. 23
Defence Services Pension Continuation Act — D-1.3 24
Summary conviction 24 Prosecutions under section 23 may be had under the provisions of the Criminal Code relating to summary convictions. R.S., 1952, c. 63, s. 24
Defence Services Pension Continuation Act — D-1.3 25
Pension to survivors and compassionate allowance to children 25 (1) Subject to the provisions hereinafter contained, the Minister may, as to him or her seems fit, grant a pension to the survivor and a compassionate allowance to each of the children of any officer who, at the time of death being on full pay, dies after a period at which a pension might be granted him, or who was, at the time of his death, in receipt of a pension. If two survivors (2) If the Minister grants a pension to two survivors, the total amount of the pension shall be apportioned between the two survivors in accordance with subsection 32(3). R.S., 1970, c. D-3, s. 25; 1974-75-76, c. 81, s. 50; 1999, c. 34, s. 209
Defence Services Pension Continuation Act — D-1.3 26
Where not granted 26 Such pension or compassionate allowance shall not be granted (a) and (b) [Repealed, 1992, c. 46, s. 83] (c) if the deceased officer had been excused, at his own request, from serving, though capable of service, when called upon and required to serve, after having been officially warned that his family would thereby lose all claims to pension and compassionate allowance; (d) if the survivor began to cohabit with the officer in a relationship of a conjugal nature, or married, the officer after the officer retired; (e) if, at the time the survivor began to cohabit with the officer in a relationship of a conjugal nature, or married the officer, the officer had attained the age of sixty years; or (f) [Repealed, 1992, c. 46, s. 83] (g) if the officer died within one year after his marriage, unless he was manifestly in good health at the time of his marriage, and his death was caused by disease or injury not due to causes within his own control, and the Minister is satisfied that there are no other objections to the granting of the pension or compassionate allowance. R.S., 1970, c. D-3, s. 26; 1992, c. 46, s. 83; 1999, c. 34, s. 210
Defence Services Pension Continuation Act — D-1.3 26.1
Election for officers 26.1 (1) If the person to whom an officer is married or with whom the officer is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, could not be granted, by reason of paragraph 26(d) or (e), a pension under section 25 in the event of the officer’s death, the officer may elect, in accordance with the regulations, to reduce the amount of the officer’s pension in order that a pension could be granted to the person under subsection (2). Payment (2) The Minister shall grant a pension to the person referred to in subsection (1) in an amount determined in accordance with the election and the regulations, if (a) the person was married to the officer at the time of the officer’s death, or was cohabiting with the officer in a relationship of a conjugal nature for a period of at least one year immediately before the officer’s death; and (b) the election is not revoked or deemed to have been revoked. No entitlement (3) A person who is entitled to receive a pension under section 32 after the officer’s death is not entitled to a pension under subsection (2) in respect of that officer. Regulations (4) The Governor in Council may make regulations respecting (a) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked; (b) the reduction to be made in the amount of an officer’s pension when an election is made; (c) the amount of the pension granted under subsection (2); and (d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section. 1992, c. 46, s. 84; 2000, c. 12, s. 97
Defence Services Pension Continuation Act — D-1.3 27
Pension one-half of officer’s pension 27 The pension of a person who was married to an officer shall, if the officer was at the time of his death on full pay, be an amount equal to one-half of the pension to which he would have been entitled if he had been retired compulsorily immediately before his death, or, if at the time of his death he had been pensioned, an amount equal to one-half of the pension. R.S., 1970, c. D-3, s. 27; 1999, c. 34, s. 211
Defence Services Pension Continuation Act — D-1.3 28
Compassionate allowance 28 (1) The compassionate allowance to a child shall be as follows: the child of a colonel or lieutenant-colonel, eighty dollars; of a major, seventy dollars; of a captain, sixty-five dollars; of a lieutenant or second lieutenant, fifty dollars; of a warrant officer, twenty-five dollars. If no pension to survivor (2) If no pension is payable to a survivor under this Act, the allowance shall be double that fixed by subsection (1). R.S., 1970, c. D-3, s. 28; 1999, c. 34, s. 212
Defence Services Pension Continuation Act — D-1.3 29
Amount to family limited 29 The total amount paid to the survivor and children of an officer during any year shall not exceed the amount of the pension that the officer was in receipt of, or to which he would have been entitled, as the case may be. R.S., 1970, c. D-3, s. 29; 1999, c. 34, s. 213
Defence Services Pension Continuation Act — D-1.3 30
30 (1) [Repealed, 1992, c. 46, s. 85] (2) [Repealed, 1989, c. 6, s. 12] (3) [Repealed, 1992, c. 46, s. 85]
Defence Services Pension Continuation Act — D-1.3 31
Officers’ children 31 The compassionate allowance to officers’ children shall not be granted to a child over the age of twenty-one, and the allowance shall cease when the child reaches the age of twenty-one. R.S., 1970, c. D-3, s. 31; 1989, c. 6, s. 13
Defence Services Pension Continuation Act — D-1.3 32
Person considered to be the survivor 32 (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with an officer or former officer for at least one year immediately before the death of the officer or former officer, the person is considered to be the survivor of the officer or former officer. Person considered to be married (2) For the purposes of this Act, when an officer or former officer dies and, at the time of death, the officer or former officer was married to a person with whom he or she had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the officer or former officer on the day established as being the day on which the relationship began. Apportionment of pension when two survivors (3) When a pension is payable to a survivor and there are two survivors of the officer or former officer, the total amount of the annual allowance shall, subject to subsection (4), be apportioned so that (a) the survivor referred to in paragraph (a) of the definition “survivor” in subsection 2(1) is entitled to receive the proportion of the pension that the total of the number of years that he or she cohabited with the officer or former officer while married to the officer or former officer and the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer so cohabited with the survivors; and (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the pension that the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer cohabited with the survivors, either while married or while in a relationship of a conjugal nature. Exception (4) If one of the two survivors is found criminally responsible for the death of the officer or former officer or if, when the officer or former officer dies, it is established to the satisfaction of the Minister that one of the survivors cannot be found, the other survivor shall receive the first survivor’s portion, in addition to his or her own portion. Death of one of the survivors after apportionment (5) When one of the two survivors dies after apportionment, the portion of the pension that would have been payable to the survivor who died shall be paid to the remaining survivor in addition to his or her own portion. R.S., 1970, c. D-3, s. 32; 1974-75-76, c. 81, s. 51; 1992, c. 46, s. 86; 1999, c. 34, s. 214
Defence Services Pension Continuation Act — D-1.3 33
Pension to officer or militiaman of His Majesty’s Army Reserve who enlisted in Permanent Force 33 (1) An officer or militiaman who, while belonging to His Majesty’s Army Reserve, enlisted in the Permanent Force and who on the calling out of the Army Reserve upon the commencement of the war between Great Britain and Germany in August 1914, was under liability as a member of such Army Reserve to rejoin his corps, but who, under arrangements made with His Majesty’s Government, was not discharged from the Force subsequent to the calling out of the Army Reserve shall, if he so elects as provided in subsection (2) be granted a pension equal to that which he would have received from British Funds had he rejoined his corps upon the said calling out of the Army Reserve, and served in His Majesty’s Regular Army in ranks corresponding to those he held from time to time in the Canadian Military Forces until the date he was struck off the strength of the Canadian Expeditionary Force, such pension to commence as of and from the date following that on which such officer or militiaman was struck off the strength of the Canadian Expeditionary Force. Election (2) An officer or militiaman to whom subsection (1) applies, shall be required to elect whether he shall be granted the pension therein mentioned, and if he so elects his service from the date of his enlistment in the Force while belonging to the said Army Reserve until the date he was struck off the strength of the Canadian Expeditionary Force, shall not be included in the term of service for any other pension or a gratuity under this Act; any gratuity or pension under this Act granted to an officer or militiaman prior to his so electing shall be re-computed as of the date on which the pension mentioned in subsection (1) commenced by excluding from the term of service on which such gratuity or pension was based the service first mentioned in this subsection; if by the exclusion of such service the officer or militiaman has not sufficient service to entitle him to a gratuity or pension, or the gratuity or pension to which he would be entitled on such re-computation is less than the gratuity or pension heretofore granted, there will be recovered from the pension payable to such officer or militiaman, under subsection (1), all payments of gratuity and pension or overpayments thereof which have resulted; but if an officer who has already been granted a pension under this Act elects as aforesaid, and by the exclusion of the service mentioned he becomes ineligible for the grant of such pension, but becomes eligible for the payment of a gratuity under this Act, then such gratuity shall be applied toward the recovery of the payments of pension already made, and any balance of such payments not met by the application of such gratuity shall be recovered from the pension payable to such officer under subsection (1). R.S., 1952, c. 63, s. 32
Defence Services Pension Continuation Act — D-1.3 34
Provision of 1919, c. 61, to apply to certain cases 34 The provisions of chapter 61 of the Statutes of Canada, 1919, being An Act to amend the Militia Pension Act , which came into force on the 7th day of July 1919, apply to those officers and militiamen who by reason of wounds or disabilities received or suffered while on active service during the war between Great Britain and Germany, which commenced on the 4th day of August 1914, were retired or discharged from the force prior to the said 7th day of July 1919, and an officer who, by reason of such retirement before a period at which a pension might have been granted him, received a gratuity and who will by virtue of this section, become eligible for the grant of a pension under this Act, shall be required to elect whether he shall be granted such pension and if he so elects he shall repay such gratuity in such manner as the Governor in Council may determine. R.S., 1952, c. 63, s. 33
Defence Services Pension Continuation Act — D-1.3 35
Order to pay pension to another 35 Where the Minister is of the opinion that the pensioner is incapable of expending or is not expending the pension in a proper manner, the Minister may order that the pension be paid to such person as the Minister may appoint, in order that the money may be expended by that person, for the benefit of the pensioner and the members of the pensioner’s family, and the expenses connected with such payment, if any, shall be paid by the Minister. R.S., 1970, c. D-3, s. 35; 1980-81-82-83, c. 100, s. 45; 1995, c. 18, s. 86
Defence Services Pension Continuation Act — D-1.3 35.1
Diversion of payments to satisfy financial support order 35.1 (1) When any court in Canada of competent jurisdiction has made an order requiring a pensioner to pay financial support, amounts payable to the pensioner under this Act are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act . Payment deemed to be to pensioner (2) For the purposes of this Act, any payment made pursuant to subsection (1) shall be deemed to have been made to the pensioner in respect of whom the payment was made. (3) [Repealed, 2000, c. 12, s. 98] 1980-81-82-83, c. 100, s. 45; 1999, c. 34, s. 215; 2000, c. 12, s. 98.
Defence Services Pension Continuation Act — D-1.3 36
Royal Canadian Navy 36 This Act, subject to the modifications set out in this Part, applies with respect to the Royal Canadian Navy. R.S., 1952, c. 63, s. 35
Defence Services Pension Continuation Act — D-1.3 37
Definitions 37 (1) In the application of this Act to the Royal Canadian Navy, force means the Royal Canadian Navy; ( forces ) man means chief petty officer, petty officer, leading seaman, able seaman and ordinary seaman and equivalent in the Royal Canadian Navy, and the expression “militiaman”, as used in this Act, includes a man as herein defined; ( homme ) officer means a commissioned officer, a subordinate officer and a warrant officer of the Royal Canadian Navy; ( officier ) pay means full pay including, in the case of an officer, specialist’s pay, and, in the case of a man, pay for non-substantive rank held, and includes in both cases marriage allowance and the allowances payable in lieu of lodging, provisions, light and fuel, but shall exclude all other extra pay; ( solde ) rank means substantive rank, and includes Commodore First Class; ( grade ) service , in the case of a man, does not include time served without pay in the force; ( service , dans le cas d’un homme) service , in the case of an officer, includes (a) one-half of the time served in the force while in receipt of unemployed pay or half pay, and (b) one-half of the time served in the Royal Canadian Naval Reserve or Royal Canadian Naval Volunteer Reserve if he has served at least ten years in the Royal Canadian Navy, but the time to be credited to an officer under this definition for service in the Royal Canadian Naval Reserve or Royal Canadian Naval Volunteer Reserve shall in no case exceed ten years; and if an officer’s pension is increased under the authority of this definition, then in addition to the deductions mentioned in this Act, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under the said authority, such deduction to be equivalent to five per cent of the pay that the officer was receiving at the time of his retirement from the force. ( service , dans le cas d’un officier) Allowances (2) Notwithstanding that lodging, provisions, light and fuel, or any of them, are furnished in kind to an officer, the deductions from pay and pension, mentioned in section 9, and the pensions provided by this Act shall be computed as if the allowances in lieu thereof had in fact been paid. R.S., 1970, c. D-3, s. 37; 1974-75-76, c. 81, s. 52(E)
Defence Services Pension Continuation Act — D-1.3
force means the Royal Canadian Navy; ( forces )
Defence Services Pension Continuation Act — D-1.3
man means chief petty officer, petty officer, leading seaman, able seaman and ordinary seaman and equivalent in the Royal Canadian Navy, and the expression “militiaman”, as used in this Act, includes a man as herein defined; ( homme )
Defence Services Pension Continuation Act — D-1.3
officer means a commissioned officer, a subordinate officer and a warrant officer of the Royal Canadian Navy; ( officier )
Defence Services Pension Continuation Act — D-1.3
pay means full pay including, in the case of an officer, specialist’s pay, and, in the case of a man, pay for non-substantive rank held, and includes in both cases marriage allowance and the allowances payable in lieu of lodging, provisions, light and fuel, but shall exclude all other extra pay; ( solde )
Defence Services Pension Continuation Act — D-1.3
rank means substantive rank, and includes Commodore First Class; ( grade )
Defence Services Pension Continuation Act — D-1.3
service , in the case of a man, does not include time served without pay in the force; ( service , dans le cas d’un homme)
Defence Services Pension Continuation Act — D-1.3 (a)
service , in the case of an officer, includes (a) one-half of the time served in the force while in receipt of unemployed pay or half pay, and (b) one-half of the time served in the Royal Canadian Naval Reserve or Royal Canadian Naval Volunteer Reserve if he has served at least ten years in the Royal Canadian Navy, but the time to be credited to an officer under this definition for service in the Royal Canadian Naval Reserve or Royal Canadian Naval Volunteer Reserve shall in no case exceed ten years; and if an officer’s pension is increased under the authority of this definition, then in addition to the deductions mentioned in this Act, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under the said authority, such deduction to be equivalent to five per cent of the pay that the officer was receiving at the time of his retirement from the force. ( service , dans le cas d’un officier)
Defence Services Pension Continuation Act — D-1.3 38
Promotion to rank of acting warrant officer 38 Notwithstanding anything in this Act, a man who subsequent to the 10th day of September 1939 but prior to the 1st day of January 1947 was promoted to the rank of acting warrant officer shall be treated as a man for the purposes of this Act during the period that he continued to be an acting warrant officer. R.S., 1952, c. 63, s. 37
Defence Services Pension Continuation Act — D-1.3 39
Compassionate allowance to child 39 With respect to the payment of a compassionate allowance to the child of an officer under this Act, the allowance so payable shall be by reference to the equivalent naval rank held. R.S., 1952, c. 63, s. 38
Defence Services Pension Continuation Act — D-1.3 40
Permanent Active Air Force 40 This Act, subject to the modifications set out in this Part, applies with respect to the Permanent Active Air Force. R.S., 1952, c. 63, s. 39
Defence Services Pension Continuation Act — D-1.3 41
Definitions 41 In applying this Act to the Permanent Active Air Force, force means the Permanent Active Air Force and any other component of the Royal Canadian Air Force the members of which are enlisted or appointed for continuing full-time service; ( forces ) man means a non-commissioned officer or aircraftman of the force, and the expression militiaman , as used in this Act, includes a man as herein defined; ( homme , milicien ) officer means a commissioned officer, a subordinate officer or a warrant officer of the force; ( officier ) service , in the case of a man, includes (a) time served with pay or salary in the public service of Canada under the Air Board prior to the 1st day of April 1924, and (b) time served with pay in the Canadian Air Force prior to the 1st day of April 1924; ( service , dans le cas d’un homme) service , in the case of an officer, includes (a) time served with pay or salary in the public service of Canada under the Air Board prior to the 1st day of April 1924, (b) time served with pay in the Canadian Air Force prior to the 1st day of April 1924, and (c) half the time served in the Canadian Air Force other than as mentioned in paragraph (b) or in the Royal Canadian Air Force other than the force, but the time to be credited under this paragraph shall in no case exceed ten years, and if an officer’s pension is increased by reason of this paragraph, then in addition to the deductions mentioned in section 9, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under this paragraph, such annual deductions to be equal to five per cent of the pay that the officer was receiving at the time of his retirement from the force. ( service , dans le cas d’un officier) R.S., 1952, c. 63, s. 40
Defence Services Pension Continuation Act — D-1.3
force means the Permanent Active Air Force and any other component of the Royal Canadian Air Force the members of which are enlisted or appointed for continuing full-time service; ( forces )
Defence Services Pension Continuation Act — D-1.3
man means a non-commissioned officer or aircraftman of the force, and the expression militiaman , as used in this Act, includes a man as herein defined; ( homme , milicien )