GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pension Act — P-6 48
Definition of dependant 48 (1) For the purposes of this section and section 49, dependant means a survivor or child of a member of the forces to whom a pension may be paid under this Part. Procedure where applicant dies (2) Where an application for a pension or allowance, or for an increase thereof, that was made by a member of the forces is pending at the time of the member’s death, the application shall, if the member is survived by a dependant, be proceeded with and determined in the same manner as if the member had not died. Rights of dependant (2.1) A dependant referred to in subsection (2) may appeal any decision taken in respect of any application proceeded with and determined pursuant to that subsection and has, in respect of the application, all of the rights that the member of the forces would have had had the member not died. Determination of entitlement to pension of deceased member (3) On application by a dependant of a deceased member of the forces who died without having applied for a pension and whose death was not attributable to military service, the Minister shall, in the same manner as if the application had been made by that member, determine whether that member would have been entitled to a pension had that member applied therefor at any time prior to death. Rights of dependant (3.1) A dependant referred to in subsection (3) may appeal any decision taken in respect of the dependant’s application under that subsection and has, in respect of that application, all of the rights that a member of the forces applying for a pension has. Deceased member deemed to have been in receipt of pension (4) Where it is determined that a pension would have been awarded to a member of the forces described in subsection (2) or (3), that member shall, for the purposes of subsections 34(6) and (7) and 45(2) and (3), be deemed to have been in receipt of a pension at the time of death. Idem (5) Where it is determined that a pension payable at a rate set out in one of classes twelve to twenty-one of Schedule I would have been awarded to a member of the forces described in subsection (2), that member shall, for the purposes of subsections 34(7) and 45(3), be deemed to have been in receipt of a pension for a disability assessed at the percentage determined by the Minister and applicable at the time of death. R.S., 1985, c. P-6, s. 48; R.S., 1985, c. 12 (2nd Supp.), s. 8; 1995, c. 18, s. 75; 1999, c. 10, s. 7; 2000, c. 12, s. 238, c. 34, s. 43(E)
Pension Act — P-6 49
Minister may increase disability assessment of deceased member 49 (1) The Minister may, on application by a dependant of a deceased member of the forces who, at the time of death, was in receipt of a pension paid at a rate set out in one of classes twelve to twenty-one of Schedule I, determine whether at the time of death the member’s pension should have been paid at a higher rate under Schedule I. Pension of deceased member deemed increased (2) Where it is determined that the pension of a deceased member of the forces described in subsection (1) should at the time of death have been paid at a higher rate under Schedule I, that member shall, for the purposes of subsections 34(6) and (7) and 45(2) and (3), be deemed to have been at the time of death in receipt of a pension paid at that higher rate. Dependants’ pensions (3) Except as provided by subsections 48(2), (4) and (5) and section 50, no increase in a dependant’s pension may be awarded except in accordance with this section. R.S., 1985, c. P-6, s. 49; 1995, c. 18, s. 75; 1999, c. 10, s. 8
Pension Act — P-6 50
Assessment determined after death 50 (1) Where a pensioner who was in receipt of a pension paid at a rate set out in one of classes twelve to twenty-one of Schedule I dies while on the strength of the Department for treatment of a pensioned disability, the Minister shall determine the assessment of the disability at the time of death. Increased assessment (2) Where, pursuant to subsection (1), it is determined that an assessment of disability should have been increased, that pensioner shall, for the purposes of subsections 34(7) and 45(3), be deemed to have been in receipt of a pension for the increased assessment at the time of death. R.S., 1985, c. P-6, s. 50; 1995, c. 18, s. 75; 2000, c. 34, s. 43(E)
Pension Act — P-6 51
Limitation 51 (1) Except as otherwise provided in this Act, in any case where pension may be awarded under section 21 in respect of the death of a member of the forces, the member’s surviving spouse is entitled to a pension only if (a) the surviving spouse was married to the member before the member was granted a pension for the injury or disease that resulted in the member’s death; or (b) the marriage took place after the grant of the pension, and (i) the member’s death occurred one year or more after the date of the marriage, or (ii) the member’s death occurred less than one year after the date of the marriage and the Minister is of the opinion that the member had, at the date of the marriage, a reasonable expectation of surviving for at least one year thereafter. Cut-off date (2) No payment shall be made under this section from a date prior to that from which a pension is payable under section 56. R.S., 1985, c. P-6, s. 51; 1995, c. 18, s. 75; 2000, c. 12, s. 237(F), c. 34, ss. 30, 43(E)
Pension Act — P-6 53
Pension to brother or sister where dependent 53 (1) In any case where pension may be awarded under section 21 in respect of the death of a member of the forces, the brother or sister of the member is entitled to a pension if (a) the member died without leaving a child, survivor, former spouse or former common-law partner who is entitled to a pension, or a person awarded a pension under section 46; and (b) the brother or sister is in a dependent condition and was, at the time of the death of the member, wholly or to a substantial extent maintained by the member. If brother or sister is or becomes an orphan (2) If a brother or sister of a member of the forces is in a dependent condition and is an orphan, or subsequently becomes an orphan by the death of a parent or parents, the brother or sister is entitled to a pension not in excess of the amount provided in Schedule II for orphan children. Age limit (3) No pension shall be paid to or in respect of a person who is a brother or sister of a member of the forces and has attained the age of eighteen years. (4) [Repealed, 1989, c. 6, s. 31] Exception for incapacity (5) Where a person is a brother or sister of a member of the forces, has attained the age of eighteen years, is in a dependent condition and was wholly or to a substantial extent maintained by that member at the time of the member’s death, that person may be awarded a pension not in excess of the amount provided in Schedule II for orphan children while that person is incapacitated by mental or physical infirmity from earning a livelihood. Subject to review (6) The pension to a brother or sister of a member of the forces is subject to review from time to time and shall be continued, increased, decreased or discontinued in accordance with the amount necessary to provide a maintenance for the brother or sister, but in no case shall the pension exceed the amount of pension provided for brothers and sisters in Schedule II or, in the case of orphan brothers and sisters, the amount of pension provided in Schedule II for orphan children. R.S., 1985, c. P-6, s. 53; R.S., 1985, c. 37 (3rd Supp.), s. 10(E); 1989, c. 6, s. 31; 1995, c. 18, s. 67; 2000, c. 12, s. 224
Pension Act — P-6 54
One pension only 54 (1) No person shall be awarded more than one pension in respect of death. Exceptions (2) Except when children are awarded pensions, parents are awarded a pension jointly, brothers or sisters are awarded pensions or a pension is divided among several applicants, not more than one pension shall be awarded in respect of the death of any one member of the forces. R.S., 1985, c. P-6, s. 54; 1995, c. 18, s. 76(F); 2000, c. 12, s. 225(F)
Pension Act — P-6 55
Apportionment of pension 55 (1) The Minister may apportion a pension among several pensionable applicants and any such apportionment may from time to time be reviewed and varied. Varying apportionment (2) On the discontinuance or reduction of a pension to one of the pensioners referred to in subsection (1), the pension awarded to any other such pensioner may be continued or increased if the total pension paid to the several pensioners does not exceed the amount prescribed in the schedules or determined pursuant to subsection 45(3), whichever amount is applicable. R.S., 1985, c. P-6, s. 55; 1995, c. 18, s. 68
Pension Act — P-6 57
Payments to surviving spouse or child pending consideration of claim 57 On the death of a member of the forces who was, at the time of death, in receipt of a pension and in respect of whom an additional pension for a surviving spouse or child is payable pending consideration of a claim from the surviving spouse or child or both for a pension on account of the death, payment of an amount equal to the pension payable with respect to the death of that member shall be made to the surviving spouse or child or both for a period not exceeding one month, which amount shall be refunded if the pension is eventually awarded or to be set off against the amount of any payment thereof. R.S., 1985, c. P-6, s. 57; 2000, c. 12, s. 237(F), c. 34, s. 43(E)
Pension Act — P-6 59.1
Recovery of lump sum pursuant to repealed provision 59.1 Where, before the coming into force of this section, a spouse or other person was paid an amount as a final payment pursuant to section 59 as that section read from time to time before the coming into force of this section, the Minister may retain that amount by way of deduction from any subsequent payments on account of the resumption of a pension pursuant to subsection 36(1) of the Statute Law (Superannuation) Amendment Act . 1989, c. 6, s. 32; 1995, c. 18, s. 75
Pension Act — P-6 64
Persons who served in allied forces or merchant navies in World War I 64 (1) Subject to subsection (2) and subsections 68(1) and (3), the benefits of this Act, in so far as those benefits or equivalent benefits are not provided under the laws or regulations of members of the Commonwealth, other than Canada, or under the laws and regulations of the several countries allied with His Majesty, (a) shall be conferred on all persons domiciled in Canada on the date of commencement of World War I who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty and who, while so serving during that War, suffered disability or death in respect of which a gratuity or pension has been awarded under the laws or regulations of any of those countries, or (b) may be conferred on all persons domiciled in Canada on the date of commencement of World War I who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty and who, while so serving during that War, suffered disability or death (i) in respect of which an application for a gratuity or pension has been made and considered, but no gratuity or pension has been awarded, under the laws or regulations of any of those countries, and (ii) that would have been pensionable under this Act if those persons had been members of the forces while so serving during that War, and the survivors, children and other dependants of the persons described in paragraphs (a) and (b) on whom the benefits of this Act are conferred are entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided in respect of them under the laws or regulations of any of those countries. Qualification (2) Payments may be made under this section only to or in respect of a person who has been a resident of Canada for at least one year since the date of the disability or death in respect of which (a) the gratuity or pension referred to in paragraph (1)(a) was awarded; or (b) the application referred to in paragraph (1)(b) was made. R.S., 1985, c. P-6, s. 64; 1995, c. 18, s. 70; 1999, c. 10, s. 11; 2000, c. 12, s. 238
Pension Act — P-6 65
Persons who served in British forces or merchant navy in World War II 65 (1) Subject to subsection (2) and subsections 68(1) and (3), the benefits of this Act, in so far as those benefits or equivalent benefits are not provided under the laws or regulations of the United Kingdom, (a) shall be conferred on all persons domiciled in Canada at any time during the four years immediately preceding the date of commencement of World War II who, subsequent to September 1, 1939, served in the naval, army or air forces or the merchant navy of the United Kingdom and who, while so serving during that War, suffered disability or death in respect of which a gratuity or pension has been awarded under the laws or regulations of the United Kingdom, or (b) may be conferred on all persons domiciled in Canada at any time during the four years immediately preceding the date of commencement of World War II who, subsequent to September 1, 1939, served in the naval, army or air forces or the merchant navy of the United Kingdom and who, while so serving during that War, suffered disability or death (i) in respect of which an application for a gratuity or pension has been made and considered, but no gratuity or pension has been awarded, under the laws or regulations of the United Kingdom, and (ii) that would have been pensionable under this Act if those persons had been members of the forces while so serving during that War, and the survivors, children and other dependants of the persons described in paragraphs (a) and (b) on whom the benefits of this Act are conferred are entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided in respect of them under the laws or regulations of the United Kingdom. Qualification (2) Payments may be made under this section only to or in respect of a person who has been a resident of Canada for at least one year since the date of the disability or death in respect of which (a) the gratuity or pension referred to in paragraph (1)(a) was awarded; or (b) the application referred to in paragraph (1)(b) was made. R.S., 1985, c. P-6, s. 65; 1995, c. 18, s. 71; 1999, c. 10, s. 12; 2000, c. 12, s. 238
Pension Act — P-6 66
Persons who served in allied forces or merchant navies in World War II 66 (1) Subject to subsection (2) and subsections 68(1) and (3), the benefits of this Act, in so far as those benefits or equivalent benefits are not provided under the laws and regulations of members of the Commonwealth, other than Canada and the United Kingdom, or under the laws and regulations of the several countries allied with His Majesty, (a) shall be conferred on all persons domiciled in Canada at the date of commencement of World War II who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty, and who, while so serving during that War, suffered disability or death in respect of which a gratuity or pension has been awarded under the laws or regulations of any of those countries, or (b) may be conferred on all persons domiciled in Canada at the date of commencement of World War II who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty, and who, while so serving during that War, suffered disability or death (i) in respect of which an application for a gratuity or pension has been made and considered, but no gratuity or pension has been awarded, under the laws or regulations of any of those countries, and (ii) that would have been pensionable under this Act if those persons had been members of the forces while so serving during that War, and the survivors, children and other dependants of the persons described in paragraphs (a) and (b) on whom the benefits of this Act are conferred are entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided in respect of them under the laws or regulations of any of those countries. Qualification (2) Payments may be made under this section only to or in respect of a person who has been a resident of Canada for at least one year since the date of the disability or death in respect of which (a) the gratuity or pension referred to in paragraph (1)(a) was awarded; or (b) the application referred to in paragraph (1)(b) was made. R.S., 1985, c. P-6, s. 66; 1995, c. 18, s. 72; 1999, c. 10, s. 13; 2000, c. 12, s. 238
Pension Act — P-6 67
Newfoundland domicile 67 For the purposes of sections 64, 65 and 66, domicile in Newfoundland shall be deemed to be domicile in Canada. R.S., c. 22 (2nd Supp.), s. 26
Pension Act — P-6 68
Maximum award from other country 68 (1) In the consideration of any claim or the authorization of an award under section 64, 65 or 66, the Minister shall require the applicant or pensioner to take all or any steps to claim payment or additional payment under the laws or regulations of the several countries by authority of which the original grant of pension was made, or under the terms of any agreement that may have been or may hereafter be made with any of the countries concerned. Sections 64 and 66 may be extended to minors (2) The benefits of sections 64 and 66 may be conferred on persons who, although not domiciled in Canada, were on the date of commencement of World War I or World War II, as the case may be, minors resident in Canada and who are in all other respects qualified for the benefits of those sections. Non-Canadian merchant navy service (3) For the purposes of sections 64 to 66, service shall be recognized as service in the merchant navy of a country only if the service is reasonably similar, or analogous, to a form of service described in subsection 21.1(3) or (4). Service on allied ship (4) For the purposes of sections 64 and 66, service on board an allied ship, as defined in subsection 37(7.1) of the War Veterans Allowance Act , shall be recognized as service in the merchant navy of a country allied with His Majesty whether or not, at the time of the service, the country in which the ship was registered was allied with His Majesty. R.S., 1985, c. P-6, s. 68; 1995, c. 18, ss. 75, 76(F); 1999, c. 10, s. 14
Pension Act — P-6 69
South African War pensions 69 (1) Where a pension is being paid by the government of the United Kingdom in respect of the death or disability during the South African War of a member of a Canadian contingent that served in that War, an additional pension in an amount equal to the difference between that pension and the pension that would have been awarded to or in respect of that member under this Act had that member died or been disabled in the military service of Canada shall be paid to or in respect of that member. Survivor of South African War pensioner (2) The survivor of a member described in subsection (1) is entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided to that survivor by the government of the United Kingdom. R.S., 1985, c. P-6, s. 69; 2000, c. 12, s. 226
Pension Act — P-6 70
Northwest Rebellion pensions to be continued 70 Any pension that was being paid on March 1, 1961 to or in respect of members of the forces that served in the Northwest Rebellion shall continue to be paid at the rates set out in Schedules I and II. R.S., c. P-7, s. 53
Pension Act — P-6 71
Increase of certain pensions while recipients resident in Canada 71 Pensions payable to or in respect of members of Canadian naval or army forces who were killed, had died or were disabled on active service, during drill or training or on other military duty prior to the outbreak of World War I, shall, during the continuance of the residence in Canada of the recipients of those pensions, be paid at the rates set out in Schedules I and II or determined pursuant to subsection 34(7) or 45(3), whichever rates are applicable. R.S., c. P-7, s. 54; 1980-81-82-83, c. 19, s. 22
Pension Act — P-6
basic pension means the monthly pension payable under Class 1 of Schedule I to a pensioner without a spouse, common-law partner or child; ( pension de base )
Pension Act — P-6 (a)
civilian means (a) a person described in section 9 or 16 of the Civilian War-related Benefits Act , (b) a member of the Voluntary Aid Detachment, within the meaning assigned to that expression by section 43 of that Act, (c) an Overseas Welfare Worker, within the meaning assigned to that expression by section 48 of that Act, (d) a Civilian Member of Overseas Air Crew, within the meaning assigned to that expression by section 52 of that Act, or (e) a person who during World War I was engaged in any activity equivalent to an activity engaged in by persons described in any of paragraphs (a) to (d) under the same basic conditions that applied to those persons; ( civils )
Pension Act — P-6
prisoner of war means a prisoner of war of Japan or a prisoner of war of another power; ( prisonniers de guerre )
Pension Act — P-6 (a)
prisoner of war of another power means (a) a person who during World War I or World War II (i) served in the naval, army or air forces of Canada or Newfoundland, (ii) served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty and who was domiciled in Canada or Newfoundland at the time of enlistment, or (iii) was a civilian, and who was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power, (b) a merchant navy veteran of World War I or World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act who, during World War I or World War II, as the case may be, was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power, (c) a person who served in the naval, army or air forces of Canada during military operations subsequent to World War I or World War II and who, while so serving, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power, or (d) a Canadian merchant navy veteran of the Korean War within the meaning of subsection 37(7.4) of the War Veterans Allowance Act who, during the period referred to in that subsection, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power; ( prisonniers de guerre d’une autre puissance )
Pension Act — P-6 (a)
prisoner of war of Japan means (a) a person who served in the naval, army or air forces of Canada or Newfoundland during World War II, (b) a person who served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty during World War II and who was domiciled in Canada or Newfoundland at the time of enlistment, (c) a merchant navy veteran of World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act , or (d) a civilian who, during World War II, was a prisoner of war of Japan or was engaged in evading capture by or in escaping from the Japanese. ( prisonniers de guerre des Japonais )