GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pension Act — P-6 71.2
Basic compensation 71.2 (1) Subject to subsection (4), a prisoner of war is entitled, on application, to basic compensation equal to, (a) in respect of any period spent as a prisoner of war of Japan, (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, (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 (iii) 50% of basic pension, where that person was such a prisoner for periods totalling at least 365 days; and (b) in respect of any period spent as a prisoner of war of another power, (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, (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, (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, (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, (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 (vi) 40% of basic pension, where that person was such a prisoner for periods totalling at least 1,642 days. Additional compensation (2) Subject to subsection (4), a prisoner of war who has a spouse or common-law partner or any children is entitled, on application, to additional compensation in respect of the spouse or common-law partner or children at the rate set out in Schedule I corresponding to the percentage of the basic pension applicable to the prisoner of war under subsection (1). Extension of additional compensation (3) Where a prisoner of war is in receipt of additional compensation under subsection (2) in respect of a spouse or common-law partner who is living with the prisoner of war and the spouse or common-law partner dies, except where compensation is payable to the prisoner of war under subsection 34(8), the additional compensation in respect of the spouse or common-law partner shall continue to be paid for a period of one year from the end of the month in which the spouse or common-law partner died or, if the prisoner of war remarries or marries, as the case may be, during that period, until the date of remarriage or marriage. Application of Part III (4) In the determination of the entitlement of a prisoner of war to compensation, the applicable provisions of Part III, excluding subsections 38(4) to (8), apply, with any modifications that the circumstances require, as if a reference in those provisions to a member of the forces or a pensioner were a reference to a prisoner of war and as if a reference to a pension or a pension for disability were a reference to compensation. R.S., 1985, c. 37 (3rd Supp.), s. 12; 2000, c. 12, ss. 228, 236, c. 34, s. 33; 2003, c. 27, s. 8
Pension Act — P-6 71.3
Compensation for survivor or child 71.3 (1) Subject to section 71.4, the survivor or child of a deceased prisoner of war is entitled to compensation determined in accordance with the applicable provisions of Part III as if (a) a reference therein to a member of the forces were a reference to a prisoner of war; (b) a reference to a pension or a pension for disability were a reference to compensation; and (c) a reference to a pensioner were a reference to a person in receipt of compensation. Deemed compensation (2) For the purposes of Part III, as applied to prisoners of war referred to in subsection (1), and for the purposes of section 71.4, where a prisoner of war would have been entitled to compensation under section 71.2 at the time of death had this Part been in force at that time, the prisoner of war shall be deemed to have been in receipt of compensation at the rate applicable to the prisoner of war under subsection 71.2(1). R.S., 1985, c. 37 (3rd Supp.), s. 12; 2000, c. 12, s. 240, c. 34, s. 43(E)
Pension Act — P-6 71.4
Combined pension and compensation 71.4 Where a prisoner of war was, at the time of his death, in receipt of or eligible for a pension under Part III and compensation under this Part, the survivor or child of the prisoner of war is entitled to only one award under this Act, the amount of which shall be determined by reference to the sum of the awards paid to the prisoner of war or for which the prisoner of war was eligible. R.S., 1985, c. 37 (3rd Supp.), s. 12; 2000, c. 12, s. 240
Pension Act — P-6 71.5
Provisions not applicable 71.5 Sections 64 to 66 do not apply in respect of compensation under this Part. R.S., 1985, c. 37 (3rd Supp.), s. 12
Pension Act — P-6 72
o whom an additional pension was, at the time of death, payable in respect of the member’s spouse, common-law partner or child living with the member, be paid for a period of one year commencing on the first day of the month following the month of the death, to the survivor, if living, or, if not living, equally to any of the member’s children otherwise pensionable under this Act. R.S., 1985, c. P-6, s. 72; R.S., 1985, c. 16 (1st Supp.), s. 9; 1990, c. 43, s. 23; 1995, c. 18, s. 75; 1999, c. 10, s. 16; 2000, c. 12, s. 229; 2011, c. 12, s. 20; 2016, c. 7, s. 113; 2017, c. 20, s. 292 2018, c. 12, s. 121
Pension Act — P-6 73
Lump sum payment 73 Where a member of the forces to whom an allowance is awarded under section 72 has requested the purchase of any thing that, in the opinion of the Minister, will be of assistance to the member in relieving the exceptional incapacity he is suffering, the Minister may pay to the member in a lump sum, in lieu of periodic payments, an amount not exceeding the allowance payable to him for one year. R.S., 1985, c. P-6, s. 73; 1995, c. 18, s. 75
Pension Act — P-6 74
Definitions 74 The definitions in this section apply in this Part. basic pension means the monthly basic pension payable under Schedule I to a Class 1 pensioner without a spouse, common-law partner or child. ( pension de base ) Consumer Price Index , in relation to an adjustment year, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , for each month in that adjustment year. ( indice des prix à la consommation ) covered period means the period beginning on April 1, 1985 and ending on December 31, 2026. ( période visée ) first adjustment year , in relation to a calendar year, means the period of twelve months ending on October 31 in the previous calendar year. ( première année de rajustement ) second adjustment year , in relation to a calendar year, means the period of twelve months immediately before the first adjustment year. ( seconde année de rajustement ) R.S., 1985, c. P-6, s. 74; R.S., 1985, c. 16 (1st Supp.), s. 10; 2000, c. 12, s. 230, c. 34, s. 34 2026, c. 3, s. 363
Pension Act — P-6
basic pension means the monthly basic pension payable under Schedule I to a Class 1 pensioner without a spouse, common-law partner or child. ( pension de base )
Pension Act — P-6
Consumer Price Index , in relation to an adjustment year, means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , for each month in that adjustment year. ( indice des prix à la consommation )
Pension Act — P-6
covered period means the period beginning on April 1, 1985 and ending on December 31, 2026. ( période visée )
Pension Act — P-6
first adjustment year , in relation to a calendar year, means the period of twelve months ending on October 31 in the previous calendar year. ( première année de rajustement )
Pension Act — P-6
second adjustment year , in relation to a calendar year, means the period of twelve months immediately before the first adjustment year. ( seconde année de rajustement )
Pension Act — P-6 74.1
Basic pension — covered period 74.1 For the covered period, the basic pension payable as of a date set out in column 1 of Schedule IV is deemed to have been the basic pension set out in column 2 for that date. 2026, c. 3, s. 364
Pension Act — P-6 74.2
Related amounts — covered period 74.2 For the covered period, the following amounts are deemed to have been calculated on the basis of the adjustments to the basic pension referred to in section 74.1: (a) any amount that, under this Act, as it read before the coming into force of this section, or under any other Act of Parliament, was to have been adjusted at the same times and by the same percentage as the basic pension; and (b) any amount that, under this Act, as it read before the coming into force of this section, or under any other Act of Parliament, was to have been determined on the basis of the basic pension or an amount referred to in paragraph (a). 2026, c. 3, s. 364
Pension Act — P-6 74.3
Conflict or inconsistency 74.3 In the event of a conflict or inconsistency between sections 74.1 and 74.2 and any other provision of this Act or a provision of any other Act of Parliament, or of any regulation made under this or any other Act of Parliament, sections 74.1 and 74.2 prevail. 2026, c. 3, s. 364
Pension Act — P-6 75
Annual adjustment of basic pension 75 (1) Beginning on January 1, 2027, the basic pension shall be adjusted annually in the manner prescribed by regulation of the Governor in Council, so that the basic pension payable for a month in the following calendar year is the greater of (a) an amount equal to the product obtained by multiplying (i) the basic pension that would have been payable for that month if no adjustment had been made under this Part with respect to that following year, by (ii) the ratio that the Consumer Price Index for the first adjustment year that relates to that following year bears to the Consumer Price Index for the second adjustment year that relates to that following year, and (b) an amount equal to one twelfth of the average annual gross composite wage, as of the thirty-first day of October of the year in which the adjustment is made, of categories of unskilled members of the federal public administration designated by the Minister, minus income tax for a single person calculated in the province with the lowest combined provincial and federal income tax rate. Adjustment not subsequently affected (2) A retroactive change in the wages or income tax rates referred to in paragraph (1)(b) does not affect an adjustment made in accordance with that paragraph. Adjustment of other pensions and allowances (3) All amounts set out in Schedules I to III shall be adjusted, in the manner prescribed by regulation of the Governor in Council, at the same times and by the same percentage as the basic pension. Definition of province (4) In paragraph (1)(b), province does not include Yukon, the Northwest Territories or Nunavut and is deemed never to have included them. R.S., 1985, c. P-6, s. 75; R.S., 1985, c. 16 (1st Supp.), s. 11, c. 37 (3rd Supp.), s. 13; 1990, c. 43, s. 24; 2000, c. 34, s. 35; 2003, c. 22, s. 224(E) 2026, c. 3, s. 365
Pension Act — P-6 76
Limitation 76 (1) Notwithstanding anything in this Part, the amount of any pension or allowance that may be paid to a person for a month in any calendar year shall not, by reason only of this Part, be less than the amount of the pension or allowance that was or may be paid to that person for any month in the immediately preceding calendar year. No adjustment when Consumer Price Index is lower (2) Notwithstanding anything in this Part, if, in relation to a calendar year, the Consumer Price Index for the first adjustment year is lower than the Consumer Price Index for the second adjustment year, (a) no adjustment shall be made by virtue of paragraph 75(1)(a) in respect of that calendar year; and (b) no adjustment shall be made by virtue of that paragraph in respect of any subsequent calendar year until, in relation to a subsequent calendar year, the Consumer Price Index for the first adjustment year that relates to that subsequent calendar year is higher than the Consumer Price Index for the second adjustment year that relates to the calendar year referred to in paragraph (a), in which case the second adjustment year that relates to the calendar year referred to in paragraph (a) is deemed to be the second adjustment year that relates to that subsequent calendar year. R.S., 1985, c. P-6, s. 76; 2000, c. 34, s. 36
Pension Act — P-6 77
Where basis of Consumer Price Index changed 77 Where at any time the Consumer Price Index is adjusted to reflect a new time basis or a new content basis, a corresponding adjustment shall be made in the Consumer Price Index for any twelve-month period that is used for the purpose of calculating the amount of any pension or allowance that may be paid. R.S., 1985, c. P-6, s. 77; 2000, c. 34, s. 37
Pension Act — P-6 78
Reference to Schedules I and II 78 A reference in subsection 33(2) of the Royal Canadian Mounted Police Superannuation Act to Schedules I and II of this Act shall be construed as a reference to the rates set out in those Schedules as increased by virtue of this Part. 1972, c. 12, s. 1
Pension Act — P-6 79
Definitions 79 In this Part, Assessment Board means two members of the Commission designated under section 87 of the former Act; ( comité d’évaluation ) Commission means the Canadian Pension Commission established by section 5 of the former Act; ( Commission ) Entitlement Board means an Entitlement Board established under section 91 of the former Act; ( comité d’examen ) former Act means the Pension Act , as it read immediately before the day on which section 73 of An Act to establish the Veterans Review and Appeal Board, to amend the Pension Act, to make consequential amendments to other Acts and to repeal the Veterans Appeal Board Act comes into force. ( loi antérieure ) R.S., 1985, c. P-6, s. 79; 1995, c. 18, s. 73
Pension Act — P-6
Assessment Board means two members of the Commission designated under section 87 of the former Act; ( comité d’évaluation )
Pension Act — P-6
Commission means the Canadian Pension Commission established by section 5 of the former Act; ( Commission )
Pension Act — P-6
Entitlement Board means an Entitlement Board established under section 91 of the former Act; ( comité d’examen )
Pension Act — P-6
former Act means the Pension Act , as it read immediately before the day on which section 73 of An Act to establish the Veterans Review and Appeal Board, to amend the Pension Act, to make consequential amendments to other Acts and to repeal the Veterans Appeal Board Act comes into force. ( loi antérieure )
Pension Act — P-6 80
Application 80 (1) Subject to subsection (2), no award is payable to a person unless an application has been made by or on behalf of the person and payment of the award has been approved under this Act. Exception (2) A survivor or child of a deceased member of the forces who, at the time of the member’s death, (a) was living with the member, and (b) was a person in respect of whom an additional pension was being paid to the member need not make an application in respect of a pension referred to in paragraph 21(1)(i) or (2)(d) or subsection 34(6), (7) or (11) or 45(2), (2.1), (3), (3.01) or (3.1) or an allowance referred to in subsection 38(3) or 72(5). R.S., 1985, c. P-6, s. 80; 1995, c. 18, s. 73; 2000, c. 12, s. 231
Pension Act — P-6 80.1
Waiver of requirement for application 80.1 (1) The Minister may waive the requirement for an application for an award if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the award if they were to apply for it. Notice of intent (2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person, orally or in writing, of that intention. Accepting waiver (3) The person may accept to have the requirement for an application waived by notifying the Minister, orally or in writing, of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests. Date of waiver (4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement. Minister may require application (5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement. Waiver cancelled (6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application. 2018, c. 12, s. 122
Pension Act — P-6 80.2
Effect of waiver 80.2 (1) If the requirement for an application for an award is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived. Effect of cancelling waiver (2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made. 2018, c. 12, s. 122
Pension Act — P-6 81
Application made to Minister 81 (1) Every application must be made to the Minister. Consideration of applications (2) The Minister shall consider an application without delay after its receipt and shall (a) where the Minister is satisfied that the applicant is entitled to an award, determine the amount of the award payable and notify the applicant of the decision; or (b) where the Minister is not satisfied that the applicant is entitled to an award, refuse to approve the award and notify the applicant of the decision. Counselling service (3) The Minister shall, on request, (a) provide a counselling service to applicants and pensioners with respect to the application of this Act to them; and (b) assist applicants and pensioners in the preparation of applications. R.S., 1985, c. P-6, s. 81; R.S., 1985, c. 16 (1st Supp.), s. 12; 1995, c. 18, s. 73
Pension Act — P-6 82
Review of decisions 82 (1) Subject to subsection (2), the Minister may, on the Minister’s own motion, review a decision made by the Minister or the Commission and may either confirm the decision or amend or rescind the decision if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or may do so on application if new evidence is presented to the Minister. Exception (2) Subsection (1) does not apply with respect to a decision made by an Assessment Board or Entitlement Board under the former Act. R.S., 1985, c. P-6, s. 82; 1995, c. 18, s. 73
Pension Act — P-6 83
Definition of overpayment 83 (1) In this section, overpayment , in relation to any period, means (a) an award payment that was paid to a person in respect of that period and to which the person had no entitlement; or (b) if an award payment was paid to a person in respect of that period that was in excess of the amount of the award payment to which the person was entitled, the amount of that excess. Recovery of overpayments (2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person or by that person’s estate or succession, and (a) may be recovered by deduction from any future payments made pursuant to this Act to that person or to that person’s estate or succession; (b) may be recovered in accordance with section 155 of the Financial Administration Act ; and (c) may be recovered in any court of competent jurisdiction. Remission of overpayments (3) If a person has received or obtained an overpayment and the Minister is satisfied that (a) the overpayment cannot be recovered within the reasonably foreseeable future, (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered, (c) repayment of the overpayment would cause undue hardship to the person, or (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant, the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment. Erroneous awards (4) Notwithstanding anything in this Act, the Minister may continue payment of an award, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if (a) the amount paid to the person to which the person was not entitled is the result of an administrative error, delay or oversight on the part of a public servant and has been remitted pursuant to paragraph (3)(d); (b) no part of the amount paid to the person to which the person was not entitled was the result of a misrepresentation or of concealment of a material fact on the part of the person, in the opinion of the Minister; (c) cancellation or reduction of the award would, in the opinion of the Minister, cause undue hardship to the person; and (d) the award has been paid to the person for five years or more. Recovery from survivor or surviving dependant (5) Where a survivor or surviving dependant of a deceased member of the forces retains any amount of the member’s award paid after the last day of the month in which the member died, that amount may be deducted from any award granted to the survivor or surviving dependant. R.S., 1985, c. P-6, s. 83; R.S., 1985, c. 37 (3rd Supp.), s. 14; 1995, c. 18, s. 73; 2000, c. 34, s. 38
Pension Act — P-6 84
Review 84 An applicant who is dissatisfied with a decision made by the Minister under this Act, except under section 83, or under subsection 34(5) of the Veterans Review and Appeal Board Act , may apply to the Veterans Review and Appeal Board for a review of the decision. R.S., 1985, c. P-6, s. 84; 1995, c. 18, s. 73; 2000, c. 34, s. 38
Pension Act — P-6 85
Permission of Board required 85 (1) The Minister may not consider an application for an award that has already been the subject of a determination by the Veterans Review and Appeal Board or one of its predecessors (the Veterans Appeal Board, the Pension Review Board, an Assessment Board or an Entitlement Board) unless (a) the applicant has obtained the permission of the Veterans Review and Appeal Board; or (b) the Veterans Review and Appeal Board has referred the application to the Minister for reconsideration. Applications before March 30, 1971 (2) Notwithstanding subsection (1), the Minister may consider any application made before March 30, 1971 that was the subject of a final determination by the Commission or any other body empowered to grant or make awards before that day. R.S., 1985, c. P-6, s. 85; 1995, c. 18, s. 73
Pension Act — P-6 86
Transitional 86 (1) An applicant who is dissatisfied with a decision made by the Commission under the former Act and who has not made a request for a hearing under section 87 or 88 of the former Act may apply to the Veterans Review and Appeal Board to review the decision. Transitional (2) An applicant who is dissatisfied with a decision made by an Assessment Board or Entitlement Board under the former Act may appeal the decision to the Veterans Review and Appeal Board. Exception (3) Subsection (2) does not apply to a decision that has already been subject to a determination by the Veterans Appeal Board. R.S., 1985, c. P-6, s. 86; R.S., 1985, c. 20 (3rd Supp.), s. 22; 1995, c. 18, s. 73