Pension Act — P-6 21
 that injury or disease or aggravation thereof. Pension not to be denied because of members’ activities (6) A pension shall not be denied to a member of the forces under subsection (5) on the ground that, having regard to the disability for which the member was already receiving a pension, the member took part in any activities or went any place that the member ought to have known would cause the consequential disability. Where both spouses or common-law partners are members of the forces (7) Where spouses or common-law partners are residing together and both are pensioners or members of the forces to whom pensions have been or may be awarded under this section, (a) each spouse or common-law partner shall be awarded the pension that he or she would be awarded if they were not spouses or common-law partners; (b) the additional pension for a spouse or common-law partner shall be paid in respect of each of the spouses or common-law partners, at the rate applicable to that spouse’s or common-law partner’s rate of pension; and (c) if the spouses or common-law partners have children in respect of whom a pension may be paid under this Act, the additional pension that may be paid under this Act in respect of the children may be paid to one but not both of the spouses or common-law partners, (i) if the pensions of the spouses or common-law partners are payable at the same rate, at that rate, and (ii) if the pensions of the spouses or common-law partners are payable at different rates, at the rate for the member of the forces whose pension is payable at the higher rate. Periodical declaration (8) The Minister may require a pensioner to submit, at such times and in such form as may be prescribed by the Minister, a statutory or other declaration stating (a) that the pensioner is the person to whom the pension is payable, (b) that any person in respect of whom the pensioner is in receipt of an additional pension is living, (c) in any case where maintenance is relevant to the payment of pension, that the pensioner is maintaining or, where appropriate, is being maintained by the person in respect of whom the pensioner is in receipt of an additional pension, and (d) whether an amount has been paid to or in respect of the pensioner or a deceased member of the forces that would require the Minister to reduce the pension under sections 25 and 26 and, if so, the particulars of the amount and the name of the person or body that paid it, and, if the pensioner refuses or neglects to submit the statutory or other declaration, the Minister may suspend future payments of pension until it is received. Presumption as to medical condition of member on enlistment (9) Subject to subsection (10), where a disability or disabling condition of a member of the forces in respect of which the member has applied for an award was not obvious at the time he or she became a member and was not recorded on medical examination prior to enlistment, that member shall be presumed to have been in the medical condition found on his or her enlistment medical examination unless there is (a) recorded evidence that the disability or disabling condition was diagnosed within three months after the enlistment of the member; or (b) medical evidence that establishes beyond a reasonable doubt that the disability or disabling condition existed prior to the enlistment of the member. Information volunteered by member as to medical condition to be corroborated (10) Information given by a member of the forces at the time of the enlistment of the member with respect to a disability or disabling condition is not evidence that the disability or disabling condition existed prior to the enlistment of the member unless there is corroborating evidence that establishes beyond a reasonable doubt that the 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 ,