GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pension Benefits Division Act — P-6.7 16
Regulations 16 The Governor in Council may, on the recommendation of the President of the Treasury Board, make regulations (a) prescribing the circumstances in which a person may make an application under subsection 4(1) on behalf of another person or may act on behalf of another person in prosecuting an application that has been made by that other person; (b) prescribing the circumstances in which the personal representative of a deceased member of a pension plan or of a deceased spouse, former spouse or former common-law partner may make an application under subsection 4(1) or may proceed with an application that was made by the member, spouse, former spouse or former common-law partner; (c) where regulations are made under paragraph (a) or (b), respecting the manner in which and the extent to which any provision of this Act applies to a person referred to in that paragraph or in the circumstances prescribed by those regulations, and adapting any provision of this Act to those persons or circumstances; (d) respecting the withdrawal of applications; (e) for the purposes of paragraph 8(1)(a), for determining, on the basis of generally accepted actuarial principles, the value of the pension benefits that have accrued to a member of a pension plan during the period subject to division; (f) for the purposes of paragraph 8(1)(b), respecting the adjustment of the pension benefits that have accrued to a member of a pension plan under that pension plan; (g) for the purposes of subsection 8(4), requiring interest to be paid on lump sum amounts and prescribing the rate of interest or the manner of determining the rate of interest; (h) for the purposes of subsection 8(6), for determining the effective date of the adjustment of pension benefits; (i) respecting the manner in which and the extent to which any provision of a pension plan or an Act under which a pension plan is established or by which a pension plan is provided, as amended from time to time, applies, notwithstanding the provisions of that pension plan or Act, to any member, spouse, former spouse, common-law partner, former common-law partner or other person in any case where a division of pension benefits is effected under section 8, and adapting any provision of that pension plan or Act to those persons; (j) respecting the charging of amounts payable under this Act to the Consolidated Revenue Fund, to a fund as defined in section 2 of the Public Sector Investment Board Act or to any account or accounts in the accounts of Canada; (k) respecting the provision of information to a spouse, former spouse, common-law partner or former common-law partner of a member of a pension plan under subsection 13(2); (l) prescribing any matter or thing that by this Act is to be or may be prescribed; and (m) generally as the Governor in Council may consider necessary for carrying out the purposes and provisions of this Act. 1992, c. 46, Sch. II, s. 16; 2000, c. 12, ss. 248, 249; 2001, c. 34, s. 65
Pension Act — P-6 1
Short title 1 This Act may be cited as the Pension Act . R.S., c. P-7, s. 1
Pension Act — P-6 2
Construction 2 The provisions of this Act shall be liberally construed and interpreted to the end that the recognized obligation of the people and Government of Canada to provide compensation to those members of the forces who have been disabled or have died as a result of military service, and to their dependants, may be fulfilled. R.S., c. 22 (2nd Supp.), s. 1
Pension Act — P-6 3
ect resident and domiciled in Newfoundland at the time of enlistment who served in the naval, army or air forces of His Majesty or in any of the naval, army or air forces of the countries allied with His Majesty during World War II shall be deemed to be a member of the forces for the purposes of section 21 if the disability or death in respect of which the application is made is not otherwise pensionable under that section or sections 64 to 66. Couples deemed to be living together (3) A member of the forces and the member’s spouse or common-law partner or survivor shall be deemed to be or to have been living together for the purposes of this Act where it is established that the member and the spouse or common-law partner are not, or the member and the survivor were not, living together by reason only of injury or disease, circumstances of a temporary nature or other circumstances not attributable to the member or the spouse or common-law partner or survivor. Deeming — medical assistance in dying (4) For the purposes of this Act, if a member of the forces receives medical assistance in dying, that member is deemed to have died as a result of the illness, disease or disability for which they were determined to be eligible to receive that assistance, in accordance with paragraph 241.2(3)(a) of the Criminal Code . R.S., 1985, c. P-6, s. 3; R.S., 1985, c. 16 (1st Supp.), s. 1, c. 20 (3rd Supp.), s. 21, c. 37 (3rd Supp.), s. 2; 1990, c. 43, s. 3; 1995, c. 18, s. 46; 1999, c. 10, s. 4; 2000, c. 12, ss. 211, 236, 238, c. 34, ss. 20, 43(E), 94(F); 2003, c. 12, s. 1, c. 27, s. 7(F); 2005, c. 21, s. 105; 2016, c. 3, s. 7; 2017, c. 20, s. 292
Pension Act — P-6
appearance of the injury or disease [Repealed, 1990, c. 43, s. 3]
Pension Act — P-6
applicant means a person who has applied for an award or for an increase in an award; ( demandeur )
Pension Act — P-6
application means an application for an award; ( demande )
Pension Act — P-6
award means a pension, compensation, an allowance or a bonus payable under this Act; ( compensation )
Pension Act — P-6
Canadian Forces means the armed forces referred to in section 14 of the National Defence Act , and includes any predecessor naval, army or air forces of Canada or Newfoundland; ( Forces canadiennes )
Pension Act — P-6
Chief Pensions Advocate [Repealed, 1995, c. 18, s. 46]
Pension Act — P-6 (a)
child , in relation to a member of the forces or a prisoner of war, includes (a) an adopted child or foster child of that member or prisoner, and (b) a child, adopted child or foster child of the spouse or common-law partner of that member or prisoner; ( enfant )
Pension Act — P-6
Commission [Repealed, 1995, c. 18, s. 46]
Pension Act — P-6
commissioner [Repealed, 1995, c. 18, s. 46]
Pension Act — P-6 (a)
common-law partner , in relation to an individual, means a person who is cohabiting with the individual at the relevant time in a conjugal relationship, having so cohabited for a period of at least one year. For greater certainty, (a) in the case of an individual’s death, the relevant time means the time of that death; and (b) common-law partners cease to be common-law partners when they cease to cohabit; ( conjoint de fait )
Pension Act — P-6
compensation means compensation payable under this Act on account of time spent by a former prisoner of war in enemy captivity or in evading or escaping from enemy captivity; ( indemnité )
Pension Act — P-6
Department means the Department of Veterans Affairs; ( ministère )
Pension Act — P-6
dependent condition , with respect to a person, means the condition of being without sufficient income or assets, other than the premises in which the person resides, to maintain that person; ( état de dépendance )
Pension Act — P-6
died or death includes death presumed for official purposes; ( décédé ou décès )
Pension Act — P-6
disability means the loss or lessening of the power to will and to do any normal mental or physical act; ( invalidité )
Pension Act — P-6
Entitlement Board [Repealed, 1995, c. 18, s. 46]
Pension Act — P-6
improper conduct includes wilful disobedience of orders, vicious or criminal conduct and wilful self-inflicted wounding — except if the wound results from the receipt of medical assistance in dying and the requirement set out in paragraph 241.2(3)(a) of the Criminal Code has been met; ( mauvaise conduite )
Pension Act — P-6
Korean War means the military operations undertaken by the United Nations to restore peace in the Republic of Korea, and the period denoted by the term Korean War is the period from June 25, 1950 to July 27, 1953, inclusive; ( guerre de Corée )
Pension Act — P-6
medical assistance in dying has the same meaning as in section 241.1 of the Criminal Code ; ( aide médicale à mourir )
Pension Act — P-6 (a)
member of the forces means (a) a person who has served in the Canadian Forces at any time since the commencement of World War I, and (b) a Canadian merchant mariner of World War I, World War II or the Korean War, as described in section 21.1; ( membre des forces )
Pension Act — P-6
military service or service means service as a member of the forces; ( service militaire ou service )
Pension Act — P-6
Minister means the Minister of Veterans Affairs or such other Minister as is designated by the Governor in Council; ( ministre )
Pension Act — P-6
pension means a pension payable under this Act on account of the death or disability of a member of the forces, including a final payment referred to in Schedule I; ( pension )
Pension Act — P-6
Pension Review Board [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 21]
Pension Act — P-6
pensioner means a person who has been awarded a pension; ( pensionné )
Pension Act — P-6
personal information has the same meaning as in section 3 of the Privacy Act ; ( renseignements personnels )
Pension Act — P-6
prisoner of war has the meaning assigned to that expression by section 71.1; ( prisonnier de guerre )
Pension Act — P-6
service in a special duty area [Repealed, 2003, c. 12, s. 1]
Pension Act — P-6 (a)
service in a theatre of actual war means (a) any service as a member of the army or air force of Canada in the period commencing August 14, 1914 and ending November 11, 1918 in the zone of the allied armies on the continent of Europe, Asia or Africa, or in any other place at which the member has sustained injury or contracted disease directly by a hostile act of the enemy, (b) any service as a member of the naval forces or merchant navy of Canada in the period described in paragraph (a) on the high seas or wherever contact has been made with hostile forces of the enemy, or in any other place at which the member has sustained injury or contracted disease directly by a hostile act of the enemy, and (c) any service as a member of the forces in the period commencing September 1, 1939 and ending (i) May 9, 1945, where the service was in any place outside Canada, and (ii) August 15, 1945, where the service was in the Pacific Ocean or Asia, or in any place in Canada at which the member has sustained injury or contracted disease directly by a hostile act of the enemy; ( service sur un théâtre réel de guerre )
Pension Act — P-6 (a)
service in the Korean War means (a) in the case of a member of the Canadian Forces, any service from the day of the member’s departure from Canada or the United States, including Alaska, to participate in the Korean War, until the earliest of (i) the day on which the member next returned to Canada or the United States, including Alaska, (ii) the day on which the member was next posted to a unit that was not participating in the Korean War, (iii) the day on which the unit with which the member was serving, having ceased to participate in the Korean War, arrived at the place to which it had been next assigned, and (iv) October 31, 1953, and (b) in the case of a Canadian merchant mariner of the Korean War as described in subsection 21.1(5), any service during a period described in paragraph 21.1(2)(b); ( service accompli pendant la guerre de Corée )
Pension Act — P-6
special duty service has the same meaning as in subsection 2(1) of the Veterans Well-being Act ; ( service spécial )
Pension Act — P-6
special force means the Canadian Army Special Force that was constituted for the purposes of the Korean War; ( contingent spécial )
Pension Act — P-6
surviving common-law partner , in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a former common-law partner of that individual; ( conjoint de fait survivant )
Pension Act — P-6
surviving spouse , in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a former spouse of that individual; ( époux survivant )
Pension Act — P-6
survivor , in relation to an individual, means the surviving spouse or surviving common-law partner of that individual; ( survivant )
Pension Act — P-6
treatment allowance [Repealed, 2000, c. 34, s. 20]
Pension Act — P-6
Veterans Review and Appeal Board means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act ; ( Tribunal )
Pension Act — P-6
widowed mother [Repealed, 2000, c. 12, s. 211]
Pension Act — P-6
World War I means the war waged by the German Emperor and His Allies against His Majesty and His Majesty’s Allies, and the period denoted by the term World War I is the period between August 4, 1914 and August 31, 1921, both dates inclusive; ( Première Guerre mondiale )
Pension Act — P-6
World War II means the war waged by His Majesty and His Majesty’s Allies against Germany and Germany’s Allies, and the period denoted by the term World War II is the period between September 1, 1939 and April 1, 1947, both dates inclusive. ( Seconde Guerre mondiale )
Pension Act — P-6 3.1
No award payable 3.1 (1) Despite any other provision of this Act, no award is payable under this Act in respect of any application made by or in respect of a member of the forces after April 1, 2006 unless (a) the application is in respect of a disability for which a pension has been granted or is an application under section 36 in respect of such a disability; (b) the application is in respect of the death of a member of the forces, if the death occurred before April 1, 2006 or is the result of an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted; (c) the application is in respect of an injury or a disease that was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947, or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an injury or a disease; (d) the application is in respect of an aggravation of an injury or disease, if the aggravation was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947 or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an aggravation; (e) the Minister has determined under the Veterans Well-being Act that the injury or disease, or the aggravation of the injury or disease, for which the application is made is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted; or (f) the application is made under section 38 by a pensioner. Exception (2) Subsection (1) does not apply in respect of an application for compensation made under Part III.1 if the application relates to a period spent as a prisoner of war that began before April 1, 2006. 2005, c. 21, s. 106; 2017, c. 20, s. 288
Pension Act — P-6 4
Status of males and females 4 Male and female members of the forces under this Act enjoy equality of status and equal rights and obligations under this Act. 1974-75-76, c. 66, s. 11
Pension Act — P-6 5
Powers of the Minister 5 (1) Subject to this Act and any other Act of Parliament and to the regulations made under this or any other Act of Parliament, the Minister has full power to decide on all matters and questions relating to the award, increase, decrease, suspension or cancellation of any pension or other payment under this Act and to the recovery of any overpayment that may have been made. Additional duties (2) The Governor in Council may, by order, confer on the Minister duties like those under subsection (1) in respect of pensions or other payments authorized by any other Act of Parliament or by the Governor in Council. Benefit of doubt (3) In making a decision under this Act, the Minister shall (a) draw from all the circumstances of the case and all the evidence presented to the Minister every reasonable inference in favour of the applicant or pensioner; (b) accept any uncontradicted evidence presented to the Minister by the applicant or pensioner that the Minister considers to be credible in the circumstances; and (c) resolve in favour of the applicant or pensioner any doubt, in the weighing of evidence, as to whether the applicant or pensioner has established a case. Decisions shall be made expeditiously (4) Decisions of the Minister shall be made as informally and expeditiously as the circumstances and considerations of fairness permit. R.S., 1985, c. P-6, s. 5; R.S., 1985, c. 37 (3rd Supp.), s. 3; 1995, c. 18, s. 47
Pension Act — P-6 6
Property and moneys in trust 6 The Minister may accept and administer any property and moneys conveyed to the Minister in trust for the benefit of pensioners, their dependants or any other persons on such terms and conditions as are set out in the terms of the conveyance or, if no conditions are set out, on such terms and conditions as the Minister deems reasonable for the purposes of the trust. R.S., 1985, c. P-6, s. 6; R.S., 1985, c. 37 (3rd Supp.), s. 3; 1995, c. 18, s. 47
Pension Act — P-6 15
15 (1) [Repealed, 1990, c. 43, s. 5] (2) and (3) [Repealed, 1995, c. 18, s. 47]
Pension Act — P-6 21
e disability or disabling condition existed prior to the time the member became a member of the forces. (11) [Repealed, 1990, c. 43, s. 8] Definitions (12) For the purposes of this section, obvious , when used with reference to a disability or disabling condition of a member of the forces at the time he or she became a member, means that the disability or disabling condition was apparent at that time or would have been apparent to an unskilled observer on examination of the member at that time;  ( évident ) recorded on medical examination prior to enlistment , when used with reference to a disability or disabling condition of a member of the forces, means a written record, X-ray film or photograph of the disability or disabling condition that was made in (a) any medical documentation made on enlistment of that member, (b) any official documentation covering any former period of service of that member, (c) the files of the Department relating to that member, (d) the records of any compensation board or insurance company relating to that member, or (e) the records of a medical practitioner or a clinic, hospital or other medical institution relating to that member. ( consigné lors d’un examen médical avant l’enrôlement ) R.S., 1985, c. P-6, s. 21; R.S., 1985, c. 16 (1st Supp.), s. 2, c. 20 (3rd Supp.), s. 28; 1990, c. 43, s. 8; 1995, c. 18, ss. 75, 76(F); 2000, c. 12, ss. 212, 236, c. 34, ss. 21, 43(E); 2003, c. 12, s. 2
Pension Act — P-6
obvious , when used with reference to a disability or disabling condition of a member of the forces at the time he or she became a member, means that the disability or disabling condition was apparent at that time or would have been apparent to an unskilled observer on examination of the member at that time;  ( évident )
Pension Act — P-6 (a)
recorded on medical examination prior to enlistment , when used with reference to a disability or disabling condition of a member of the forces, means a written record, X-ray film or photograph of the disability or disabling condition that was made in (a) any medical documentation made on enlistment of that member, (b) any official documentation covering any former period of service of that member, (c) the files of the Department relating to that member, (d) the records of any compensation board or insurance company relating to that member, or (e) the records of a medical practitioner or a clinic, hospital or other medical institution relating to that member. ( consigné lors d’un examen médical avant l’enrôlement )
Pension Act — P-6 21.1
n who, during World War II, was permanently or recurrently employed at sea by an owner or charterer of a ship or by Canadian Marconi Company Limited, and who (i) signed an agreement to continue to serve at sea with that employer for the duration of the war if so required by that employer, (ii) was paid war service bonus by that employer, or (iii) made two or more voyages referred to in paragraph 37(7.3)(a) of the War Veterans Allowance Act on ships operated by the same employer, if the employer was Canadian National Steamships, Canadian Pacific Steamships, Imperial Oil, Park Steamships or any other shipping company prescribed by the regulations; or (d) any trainee at a Canadian marine training school during World War II who signed an agreement to enter a Canadian manning pool at the end of the school training period. Canadian merchant mariner of the Korean War (5) A Canadian merchant mariner of the Korean War is any person who, at any time during the period from June 25, 1950 to July 27, 1953, served on board a Canadian ship while it was making a voyage that entered any of the waters, including gulfs, bays and inlets, lying between (a) the coasts of Siberia, Korea and China, and (b) a line beginning at a point on the coast of Siberia at longitude 135° East; thence south to a point at latitude 38° 30′ North and longitude 135° East; thence southwesterly to a point at latitude 30° North and longitude 124° East; thence south to Shokoto Sho; thence westerly to Shichisei Seki; and thence westerly to a point on the coast of China at latitude 23° North. 1999, c. 10, s. 5
Pension Act — P-6
Canadian manning pool means a manning pool of the Canadian merchant navy established under Order in Council P.C. 14/3550 of May 19, 1941. ( dépôt d’équipages canadien )
Pension Act — P-6
Canadian marine training school means a school established under Order in Council P.C. 148/9130 of November 22, 1941. ( école d’entraînement maritime canadienne )
Pension Act — P-6
distressed mariner means a distressed mariner as defined in subsection 37(7.1) of the War Veterans Allowance Act . ( en détresse )
Pension Act — P-6
war service bonus means the bonus paid under The Merchant Seamen War Service Bonus Order, 1944 , Order in Council P.C. 149/2705 of April 18, 1944, as amended. ( indemnité pour service de guerre )
Pension Act — P-6 22
Improper conduct 22 (1) Subject to this section, a pension shall not be awarded when the disability of the member of the forces was due to improper conduct. Dependent condition (2) The Minister may, when the applicant is in a dependent condition, award such pension as the Minister deems fit in the circumstances. Venereal disease (3) Where venereal disease was contracted by a member of the forces prior to enlistment and aggravated during service, pension shall be awarded for the total pensionable disability existing at the time of discharge in all cases where the member saw service in a theatre of actual war, and no increase in disability after discharge is pensionable, but, if it subsequently appears on examination that the disability has decreased in extent, pension shall be decreased accordingly; and pension may thereafter be increased or decreased, subject to the limitation prescribed in this section, in accordance with the degree of disability that may be shown to exist on any subsequent examination. R.S., 1985, c. P-6, s. 22; 1995, c. 18, ss. 75, 76(F)
Pension Act — P-6 23
Prior occupation 23 The occupation, income or condition in life of a person prior to becoming a member of the forces does not in any way affect the amount of pension awarded to or in respect of that person. R.S., c. P-7, s. 16