Pension Act ( R.S.C. , 1985, c. P-6)

1 This Act may be cited as the Pension Act .

R.S., c. P-7, s. 1

Construction

Marginal note: 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

Interpretation

Marginal note: Definitions

3 (1) In this Act, [Repealed, 1990, c. 43, s. 3] means a person who has applied for an award or for an increase in an award; ( demandeur ) means an application for an award; ( demande ) means a pension, compensation, an allowance or a bonus payable under this Act; ( compensation ) [Repealed, 1995, c. 18, s. 46] means the armed forces referred to in section 14 of the National Defence Act , and includes any predecessor naval, army or air forces of Canada or Newfoundland; ( Forces canadiennes ) [Repealed, 1995, c. 18, s. 46] , in relation to a member of the forces or a prisoner of war, includes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 )

[Repealed, 1995, c. 18, s. 46]

, 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 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 )

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 )

means the Department of Veterans Affairs; ( ministère )

, 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 )

or includes death presumed for official purposes; ( décédé ou décès )

means the loss or lessening of the power to will and to do any normal mental or physical act; ( invalidité )

[Repealed, 1995, c. 18, s. 46]

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 )

means the military operations undertaken by the United Nations to restore peace in the Republic of Korea, and the period denoted by the term is the period from June 25, 1950 to July 27, 1953, inclusive; ( guerre de Corée )

has the same meaning as in section 241.1 of the Criminal Code ; ( aide médicale à mourir )

(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 )

or means service as a member of the forces; ( service militaire ou service )

means the Minister of Veterans Affairs or such other Minister as is designated by the Governor in Council; ( ministre )

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 )

[Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 21]

means a person who has been awarded a pension; ( pensionné )

has the same meaning as in section 3 of the Privacy Act ; ( renseignements personnels )

has the meaning assigned to that expression by section 71.1; ( prisonnier de guerre )

[Repealed, 2003, c. 12, s. 1]

(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

(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 )

(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

has the same meaning as in subsection 2(1) of the Veterans Well-being Act ; ( service spécial )

means the Canadian Army Special Force that was constituted for the purposes of the Korean War; ( contingent spécial )

, 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 )

, 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 )

, in relation to an individual, means the surviving spouse or surviving common-law partner of that individual; ( survivant )

[Repealed, 2000, c. 34, s. 20]

means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act ; ( Tribunal )

[Repealed, 2000, c. 12, s. 211]

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 is the period between August 4, 1914 and August 31, 1921, both dates inclusive; ( Première Guerre mondiale )

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 is the period between September 1, 1939 and April 1, 1947, both dates inclusive. ( Seconde Guerre mondiale )

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

Veterans Well-being Act

Marginal note: 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.

2005, c. 21, s. 106
2017, c. 20, s. 288

Equality of Status

Marginal note: 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

Powers of the Minister

Marginal note: 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.
Marginal note: 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.

Marginal note: 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.

R.S., 1985, c. P-6, s. 5
R.S., 1985, c. 37 (3rd Supp.), s. 3
1995, c. 18, s. 47

Marginal note: 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

7 to 14 [Repealed, 1995, c. 18, s. 47]

15 (1) [Repealed, 1990, c. 43, s. 5]
(2) and (3) [Repealed, 1995, c. 18, s. 47]

16 [Repealed, 1990, c. 43, s. 6]

17 to 20 [Repealed, 1995, c. 18, s. 47]

PART III Pensions

Marginal note: Service during war, or special duty service

21 (1) In respect of service rendered during World War I, service rendered during World War II other than in the non-permanent active militia or the reserve army, service in the Korean War, service as a member of the special force, and special duty service,

(a) where a member of the forces suffers disability resulting from an injury or disease or an aggravation thereof that was attributable to or was incurred during such military service, a pension shall, on application, be awarded to or in respect of the member in accordance with the rates for basic and additional pension set out in Schedule I;
(b) where a member of the forces dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during such military service, a pension shall be awarded in respect of the member in accordance with the rates set out in Schedule II;

(c) no deduction shall be made from the degree of actual disability of a member of the forces who has rendered service in a theatre of actual war, service in the Korean War or special duty service on account of a disability or disabling condition that existed in the member before the member’s period of service in World War I or World War II, service in the Korean War or special duty service, as the case may be, except

(i) to the extent that the member is receiving a pension for that disability or disabling condition, or
(ii) to the extent that that disability or disabling condition was obvious or was recorded on medical examination prior to enlistment;

(i) while on leave of absence without pay,
(ii) during a period of absence without leave for which the pay of the member was stopped, or
(iii) when the member of the forces has, during leave of absence with pay, undertaken an occupation that is unconnected with military service,

unless the disability or death was attributable to that military service;

(i) a pension for disability has been awarded to a member of the forces in respect of service in a theatre of actual war, service in the Korean War or special duty service, and
(ii) the member’s degree of actual disability in respect of any of that service subsequently changes,

the pension shall, regardless of the cause of the change, be increased, decreased or discontinued, as the case requires, to reflect the new degree of actual disability in respect of that service, except that, if a member is receiving a pension in respect of more than one type of service referred to in subparagraph (i), the total pension payable by virtue of this subsection may not exceed the amount of pension for the total actual disability arising from all the service referred to in that subparagraph;

(i) the pension payable under paragraph (b)

(ii) the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member under paragraph (a), subsection (5) or section 36 at the time of the member’s death,

a pension equal to the amount described in subparagraph (ii) shall be paid to the survivor in lieu of the pension payable under paragraph (b) for a period of one year commencing on the effective date of award as provided in section 56 (except that the words “from the day following the date of death” in subparagraph 56(1)(a)(i) shall be read as “from the first day of the month following the month of the member’s death”), and thereafter a pension shall be paid to the survivor in accordance with the rates set out in Schedule II.

(a) where a member of the forces suffers disability resulting from an injury or disease or an aggravation thereof that arose out of or was directly connected with such military service, a pension shall, on application, be awarded to or in respect of the member in accordance with the rates for basic and additional pension set out in Schedule I;
(b) where a member of the forces dies as a result of an injury or disease or an aggravation thereof that arose out of or was directly connected with such military service, a pension shall be awarded in respect of the member in accordance with the rates set out in Schedule II;
(c) where a member of the forces is in receipt of an additional pension under paragraph (a), subsection (5) or section 36 in respect of a spouse or common-law partner who is living with the member and the spouse or common-law partner dies, except where an award is payable under subsection 34(8), the additional pension 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 an additional pension in respect of another spouse or common-law partner is awarded to the member commencing during that period, until the date that it so commences; and

(d) where, in respect of a survivor who was living with the member of the forces at the time of that member’s death,

(i) the pension payable under paragraph (b)

(ii) the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member under paragraph (a), subsection (5) or section 36 at the time of the member’s death,

(a) is the survivor of a member of the forces, or
(b) is a former spouse or a former common-law partner of a member of the forces who has died

is a pensionable applicant in relation to paragraph (1)(i) or (2)(d) if the person meets one of the requirements set out in subsection 45(1), even though the person was not living with the member of the forces at the time of the member’s death.

(a) any physical training or any sports activity in which the member was participating that was authorized or organized by a military authority, or performed in the interests of the service although not authorized or organized by a military authority;
(b) any activity incidental to or directly connected with an activity described in paragraph (a), including the transportation of the member by any means between the place the member normally performed duties and the place of that activity;
(c) the transportation of the member, in the course of duties, in a military vessel, vehicle or aircraft or by any means of transportation authorized by a military authority, or any act done or action taken by the member or any other person that was incidental to or directly connected with that transportation;
(d) the transportation of the member while on authorized leave by any means authorized by a military authority, other than public transportation, between the place the member normally performed duties and the place at which the member was to take leave or a place at which public transportation was available;
(e) service in an area in which the prevalence of the disease contracted by the member, or that aggravated an existing disease or injury of the member, constituted a health hazard to persons in that area;
(f) any military operation, training or administration, either as a result of a specific order or established military custom or practice, whether or not failure to perform the act that resulted in the disease or injury or aggravation thereof would have resulted in disciplinary action against the member; and
(g) the performance by the member of any duties that exposed the member to an environmental hazard that might reasonably have caused the disease or injury or the aggravation thereof.

(a) is eligible for a pension under paragraph (1)(a) or (2)(a) or this subsection in respect of an injury or disease or an aggravation thereof, or has suffered an injury or disease or an aggravation thereof that would be pensionable under that provision if it had resulted in a disability, and
(b) is suffering an additional disability that is in whole or in part a consequence of the injury or disease or the aggravation referred to in paragraph (a)

shall, on application, be awarded a pension in accordance with the rates for basic and additional pension set out in Schedule I in respect of that part of the additional disability that is a consequence of that injury or disease or aggravation thereof.

(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.

(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.

(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.

(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

Marginal note: Definitions

21.1 (1) The definitions in this subsection apply in this section. 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 ) means a school established under Order in Council P.C. 148/9130 of November 22, 1941. ( école d’entraînement maritime canadienne ) means a distressed mariner as defined in subsection 37(7.1) of the War Veterans Allowance Act . ( en détresse ) 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 )

Marginal note: Applicable rules (2) The following rules apply for the purposes of this section:

(a) the period of a person’s service on a voyage or trip referred to in subsection 37(7.3) of the War Veterans Allowance Act includes

(i) any period of duty preparatory to the voyage or trip,
(ii) any period of duty between the end of the voyage or trip and the person’s return to Canada,
(iii) any period of duty in Canada after the end of the voyage or trip that is consequential on the voyage or trip,
(iv) any period of authorized leave of absence with pay during the voyage or trip,
(v) any period of captivity, imprisonment or internment by the enemy or by any foreign power that was not allied or associated with Canada, if that period commenced during the voyage or trip or occurred as a consequence of the voyage or trip,
(vi) any period of hospitalization resulting from an injury or disease or an aggravation thereof incurred during the voyage or trip, and
(vii) any period as a distressed mariner,

but does not include any period after the person’s service on the voyage or trip was terminated for cause;

(i) any period of authorized leave of absence with pay during the Korean-related part of the voyage,
(ii) any period of captivity, imprisonment or internment by the enemy or by any foreign power that was not allied or associated with Canada, if that period commenced during the Korean-related part of the voyage or occurred as a consequence of the Korean-related part of the voyage,
(iii) any period of hospitalization resulting from an injury or disease or an aggravation thereof incurred during the Korean-related part of the voyage, and
(iv) any period as a distressed mariner that commenced during the Korean-related part of the voyage,

but does not include any period after the person’s service on the voyage was terminated for cause;

(i) any period of training,
(ii) any period of authorized leave of absence with pay, and
(iii) any period of hospitalization resulting from an injury or disease or an aggravation thereof incurred while the person was a member of the manning pool,

but does not include any period after the person’s service as a member of the manning pool was terminated for cause;

(i) any period of authorized leave of absence with pay,
(ii) any period of transportation the costs of which were paid by the Department of Transport under the authority of Order in Council P.C. 148/9130 of November 22, 1941, and
(iii) any period of hospitalization resulting from an injury or disease or an aggravation thereof incurred while the person was a trainee,

but does not include any period after the person’s service as a trainee was terminated for cause;

(i) information about the existence of any registered or licensed ship on which it is claimed that the person served is corroborated by official records,
(ii) no information in the declaration or statement is contradicted by other evidence, and
(iii) after taking into consideration such corroboration as may be available, the Minister is satisfied, on the balance of probabilities, that the information in the declaration or statement is true; and

(a) any person who is a merchant navy veteran of World War I referred to in paragraph 37(7.3)(a), (b) or (c) of the War Veterans Allowance Act ; or
(b) any person who, during World War I, served in a Canadian manning pool, in another merchant navy organization or in a form of service reasonably similar, or analogous, to one described in paragraph (4)(b), (c) or (d).

(a) any person who is a merchant navy veteran of World War II referred to in paragraph 37(7.3)(a), (b) or (c) of the War Veterans Allowance Act ;

(b) any person who, during World War II,

(i) signed an agreement with the Director of Merchant Seamen to join a Canadian manning pool and to serve at sea on foreign-going ships as directed by that Director, or the Director’s staff, for a period of two years or for the duration of World War II, whichever was the shorter period, and
(ii) served, in any capacity, in accordance with the agreement;

(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

(a) the coasts of Siberia, Korea and China,

(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

Marginal note: 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.
Marginal note: 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.
Marginal note: 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)

Marginal note: 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

24 [Repealed, 1995, c. 18, s. 48]

Marginal note: Reduction of pension

25 The Minister shall reduce a pension by a monthly amount determined under section 26 if, in respect of the same death or same disability for which the pension is payable,

(a) an amount arising from a legal liability to pay damages is collected by or in respect of the pensioner; or

(b) compensation is payable to or in respect of the pensioner under

(i) the Merchant Seamen Compensation Act ,
(ii) the Government Employees Compensation Act ,
(iii) any provincial workers’ compensation legislation,

(iv) a compensation plan established by any other legislation of a similar nature, whether legislation of Canada, a province or another jurisdiction, other than

(A) a compensation plan to which the pensioner has contributed, or
(B) a compensation plan that provides a payment or payments that are in substance a continuation of the pay or benefits of a member of the forces, or

(A) a compensation plan to which the pensioner has contributed, or
(B) a compensation plan that provides a payment or payments that are in substance a continuation of the pay or benefits of a member of the forces.

R.S., 1985, c. P-6, s. 25
1995, c. 18, s. 75
2000, c. 34, s. 22

Marginal note: Definitions

26 (1) The definitions in this subsection apply in this section. means the amount remaining, after subtracting any taxes, of the amount collected referred to in paragraph 25(a) or of the compensation payable referred to in paragraph 25(b). ( montant compensatoire ) means

(a) in respect of a compensatory amount that is payable in a lump sum, the monthly amount that, in the Minister’s opinion, would result from converting that lump sum to a life annuity payable monthly; or
(b) in respect of a compensatory amount that is payable in instalments other than monthly instalments, the monthly amount that would result from converting those instalments to monthly instalments. ( valeur mensuelle )

(a) the pension, and
(b) one half of the monthly value of the compensatory amount.

(a) the pension, and
(b) the monthly value of the compensatory amount.

(a) part of a compensatory amount is paid to or in respect of a pensioner before the reduction of pension in accordance with this section has taken effect, or
(b) an increase in the monthly value of a compensatory amount is paid to or in respect of a pensioner before the recalculation of the reduction of pension in accordance with subsection (4) has taken effect,

the amount or additional amount, as the case may be, of the reduction of pension that should have been in effect during the interval in question is an overpayment for the purpose of section 83.

R.S., 1985, c. P-6, s. 26
1990, c. 43, s. 9
1992, c. 24, s. 12
1995, c. 18, s. 75
2000, c. 34, s. 22

27 [Repealed, 2000, c. 34, s. 22]

Marginal note: Fees and charges to be certified

28 No action lies against any person in respect of services performed in connection with the preparation or prosecution of any application, unless the Minister has certified that the amount claimed is a fair and reasonable charge for the services rendered and properly payable by the person against whom the claim is made.

R.S., 1985, c. P-6, s. 28
1995, c. 18, s. 49

Marginal note: Payments

29 (1) Pensions or allowances shall be payable monthly at the end of each month.
Marginal note: When payments to cease (2) Notwithstanding anything in this Act, but subject to paragraphs 21(1)(h) and (2)(c) and subsections 38(3) and 72(5), any pension or allowance awarded or paid under this Act ceases to be payable on the first day of the month following the month of the death of the person to whom or in respect of whom the pension or allowance is paid.
(3) [Repealed, 1995, c. 18, s. 50]

R.S., 1985, c. P-6, s. 29
R.S., 1985, c. 16 (1st Supp.), s. 3
1995, c. 18, s. 50
2000, c. 34, s. 23

Marginal note: Awards not to be assigned or charged

30 (1) No award shall be assigned, charged, attached, anticipated, commuted or given as security, and the Minister may refuse to recognize any power of attorney granted by a person with reference to the payment of an award.
Marginal note: Exemption from seizure and execution (1.1) An award is exempt from seizure and execution, either at law or in equity.
Marginal note: Exception (2) Notwithstanding subsection (1), where any provincial or municipal authority in a province pays a person any advance, assistance or welfare payment for a period that would not be paid if a pension or an allowance under this Act had been paid for that period and subsequently a pension or an allowance becomes payable or payment of a pension or an allowance may be made under this Act to that person for that period, the Minister may deduct from any retroactive payment of pension or allowance and pay to the government of the province an amount not exceeding the amount of the advance, assistance or welfare payment paid, if that person had, on or before receiving the advance, assistance or welfare payment from the government of the province or the municipal authority, consented in writing to the deduction and payment.

R.S., 1985, c. P-6, s. 30
1995, c. 18, ss. 51, 75
2000, c. 34, s. 24

Marginal note: Disposition of pension or allowance

31 (1) Any pension or allowance held in trust by the Minister and due to a deceased pensioner at the time of death does not form part of the estate of the deceased pensioner.
Marginal note: Pensioner’s last sickness and burial expenses (2) The Minister may direct the payment of any pension or allowance referred to in subsection (1) either to the pensioner’s estate or to the survivor or child or children of the pensioner, or to the survivor and child or children, or may direct that it be paid in whole or in part to any person who has maintained, or been maintained by, the pensioner or toward the expenses of the pensioner’s last sickness and burial.
Marginal note: Non-payment of pension or allowance (3) If no order for the payment of a pension or an allowance referred to in subsection (1) is made by the Minister, the pension or allowance shall not be paid.

R.S., 1985, c. P-6, s. 31
R.S., 1985, c. 12 (2nd Supp.), s. 6
1995, c. 18, s. 52
2000, c. 12, s. 238

32 (1) [Repealed, 2000, c. 34, s. 25]
Marginal note: Retroactive pension (2) If any person who is or has been in receipt of relief or unemployment assistance from the Department is or has been awarded a retroactive pension or a retroactive increase of pension, the difference between the amount actually paid by the Department and the amount that would have been paid if the retroactive pension or the retroactive increase of pension had been payable when the relief or unemployment assistance was issued shall be a second charge on the accumulated unpaid instalments of the pension and shall be withheld accordingly, subject to the payments to be made, as a first charge, to a province pursuant to subsection 30(2).
(3) [Repealed, 2000, c. 34, s. 25]

R.S., 1985, c. P-6, s. 32
1990, c. 43, s. 11
1995, c. 18, s. 75
2000, c. 12, s. 213, c. 34, s. 25
2013, c. 33, s. 156

33 [Repealed, 1995, c. 18, s. 53]

Children

Marginal note: Age limits

34 (1) No pension shall be paid to or in respect of a child after the last day of the month in which the child attained the age of eighteen years except

(a) where the child is unable to provide for the child’s own maintenance owing to physical or mental infirmity that occurred before the child attained the age of twenty-one years, in which case a pension may be paid while the child is incapacitated from earning a livelihood by the infirmity; or
(b) where the child is following and is making satisfactory progress in a course of instruction approved by the Minister, in which case the pension may be paid until the child has attained the age of twenty-five years.

(a) a proportionate pension equivalent to fifty per cent of the additional pension payable in respect of dependent children for the disability of the member, and
(b) a bonus payable by the Minister for the benefit of the child or children to such person as the Minister may direct and equivalent to the additional pension for one year payable to the member at the time of the member’s death in respect of a child or children of the member.

(a) the death of the spouse or common-law partner of a pensioner,
(b) the dissolution of the marriage of a pensioner,
(c) the separation of a pensioner from a spouse to whom or in respect of whom an additional pension is not being paid, or
(d) the cessation of cohabitation of a pensioner with the pensioner’s common-law partner,

a pensioner pensioned on account of disability may be paid the additional pension for a spouse or common-law partner for so long as there is a minor child in respect of whom additional pension is being paid, if there is a person who is competent to assume and who does assume the household duties and care of the child or children.

(a) who, at the time of death, was himself or herself a survivor, or
(b) whose survivor does not receive a pension in respect of the death or receives only a portion of the pension,

a pension and, if applicable, allowances under one or both of subsections 38(3) and 72(5), at respective rates not exceeding those that a survivor of the deceased member would be entitled to receive under this Act, may be paid to a person who is competent to assume and who does assume the household duties and care of the child or children, for so long as there is a minor child in respect of whom a pension is being paid, and in those cases the pension payable in respect of those children shall continue to be paid.

(a) if one parent has died and a pension is payable in respect of the death of that parent, only one pension shall be paid to or in respect of the child and that pension, where the parent, at the time of death, was in receipt of a pension paid at the rate set out in one of classes

(i) one to eleven of Schedule I, is payable at the rate set out for an orphan child in Schedule II, or

(ii) twelve to twenty of Schedule I, is payable at the greater of

(A) the rate applicable to a child determined pursuant to subsection (7), and
(B) the rate set out in Schedule I applicable to the surviving parent with respect to a child; and

R.S., 1985, c. P-6, s. 34
R.S., 1985, c. 16 (1st Supp.), s. 5, c. 12 (2nd Supp.), s. 7, c. 37 (3rd Supp.), s. 8
1989, c. 6, s. 30
1990, c. 43, s. 12
1995, c. 18, ss. 54, 75
2000, c. 12, ss. 214, 238, c. 34, s. 26

Pensions for Disabilities

Marginal note: Pension in accordance with extent of disability

35 (1) Subject to section 21, the amount of pensions for disabilities shall, except as provided in subsection (3), be determined in accordance with the assessment of the extent of the disability resulting from injury or disease or the aggravation thereof, as the case may be, of the applicant or pensioner.
Marginal note: Maximum disability assessment (1.1) Despite anything in this Act, if the extent of disability of a member of the forces, in respect of the aggregate of all of the member’s disability assessments, exceeds 100%, no pension shall be paid in respect of any percentage points exceeding 100%.
Marginal note: Veterans Well-being Act (1.2) Any disability assessments under the Veterans Well-being Act , in respect of a disability award or pain and suffering compensation, shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.
Marginal note: How extent of disability assessed (2) The assessment of the extent of a disability shall be based on the instructions and a table of disabilities to be made by the Minister for the guidance of persons making those assessments.
Marginal note: Statutory Instruments Act does not apply (2.01) The instructions and table of disabilities referred to in subsection (2) are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act .
Marginal note: Limitation on reduction (2.1) Where a member of the forces has attained the age of fifty-five years and the assessment of the extent of a disability of the member has remained unchanged for a period of three years or more, no reduction in the assessment of the extent of that disability shall be made.

Marginal note: Pulmonary tuberculosis (3) Pensions for disability resulting from pulmonary tuberculosis, where during the treatment of a member of the forces the presence of tubercle bacilli has been discovered in the sputum or it has been proved that the disease is moderately advanced and clinically active, shall be awarded and continued as follows:

(a) in the case of a member of the forces who served in a theatre of actual war and whose disease was attributable to or was incurred or was aggravated during service, either during World War I or World War II, and in the case of a member of the forces who did not serve in a theatre of actual war and whose disease was incurred during service during either of those Wars, a pension of one hundred per cent shall be awarded as of the date of completion of the treatment and shall be continued without reduction for a period of two years, unless further treatment is required;
(b) in the case of a member of the forces who did not serve in a theatre of actual war and whose disease was aggravated during service, either during World War I or World War II, a pension of ninety per cent shall be awarded as of the date of completion of the treatment and shall be continued without reduction for a period of two years, unless further treatment is required;
(c) in the case of a member of the forces who has seen service in the non-permanent active militia or in the reserve army during World War II or in the case of a member of the forces who has seen service in peace time, whose disease occurred on service and arose out of or was directly connected with that service, a pension of one hundred per cent shall be awarded as of the date of completion of the treatment and shall be continued without reduction for a period of two years, unless further treatment is required;
(d) in the case of a member of the forces who has seen service in the non-permanent active militia or in the reserve army during World War II or in the case of a member of the forces who has seen service in peace time, whose disease was aggravated during service and the aggravation arose out of or was directly connected with that service, a pension of ninety per cent shall be awarded as from the date of completion of the treatment and shall be continued without reduction for a period of two years, unless further treatment is required; and
(e) after the expiration of two years, no pension awarded in respect of pulmonary tuberculosis shall be reduced by more than twenty per cent at any one time, nor shall reductions be made at intervals of less than six months, and paragraphs (b) and (d) do not apply if the disease manifested itself within a period of three months after enlistment.

R.S., 1985, c. P-6, s. 35
1990, c. 43, s. 13
1995, c. 18, ss. 55, 76(F)
2000, c. 34, ss. 27, 43(E)
2005, c. 21, s. 107
2017, c. 20, s. 289
2018, c. 12, s. 120

Marginal note: Additional pension for loss of paired organ or limb

36 Where a member of the forces who is in receipt of a pension on account of the loss of, or permanent loss of the use of, one of the paired organs or limbs of the member’s body suffers, either before or after that loss or loss of use, the loss of, permanent loss of the use of or impairment of the pair of that organ or limb from any cause whatever, an additional pension shall, on application, be awarded to that member in an amount equal to fifty per cent of the pension that would have been awarded to the member if the loss of, permanent loss of the use of or impairment of that organ or limb had occurred in circumstances in which a pension would have been payable under section 21.

R.S., 1985, c. P-6, s. 36
2000, c. 34, s. 43(E)

37 (1) [Repealed, 1990, c. 43, s. 14]
Marginal note: Permanent pension for disability (2) Permanent pensions for disability shall be awarded, or pensions for disability shall be continued permanently, whenever the disability is, or becomes, apparently permanent in extent, but if it subsequently appears that the disability has changed in extent, the pension shall be adjusted accordingly.
(3) [Repealed, 1990, c. 43, s. 14]
Marginal note: Restoration to pension (4) Any pensioner who has accepted a final payment under any provisions previously contained in this Act but now repealed may, if it is found on examination that his or her pensionable disability has persisted or increased, be restored to pension in respect thereof as of the date on which the amount of the final payment received by the pensioner is or was equal to the sum of the instalments of pension that the pensioner would have received if, instead of accepting a final payment, he or she had continued to receive pension at the rate in force immediately before the final payment was made, or as of six months prior to the date of the examination, whichever is the later date.

R.S., 1985, c. P-6, s. 37
1990, c. 43, s. 14
2000, c. 34, s. 43(E)

Marginal note: Attendance allowance

38 (1) A member of the forces who has been awarded a pension or compensation or both, is totally disabled, whether by reason of military service or not, and is in need of attendance shall, on application, in addition to the pension or compensation, or pension and compensation, be awarded an attendance allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III.
(2) [Repealed, 2017, c. 20, s. 290]

Marginal note: Payment of allowance on death of member (3) Where a member of the forces who is in receipt of an attendance allowance under subsection (1) dies while residing with the spouse or common-law partner or a child of the member and

(a) the member was a person to whom an additional pension was, at the time of death, payable in respect of the spouse, common-law partner or child, or
(b) the pension awarded to the member was a final payment,

the attendance allowance shall continue to be paid for a period of one year commencing on the first day of the month following the month of 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. 38
R.S., 1985, c. 16 (1st Supp.), s. 6
1990, c. 43, s. 15
1995, c. 18, ss. 56, 75
1999, c. 10, s. 6
2000, c. 12, s. 215
2017, c. 20, s. 290

Marginal note: Date from which disability pension payable

39 (1) A pension awarded for disability shall be made payable from the later of

(a) the day on which application therefor was first made, and
(b) a day three years prior to the day on which the pension was awarded to the pensioner.

R.S., 1985, c. P-6, s. 39
R.S., 1985, c. 20 (3rd Supp.), s. 28
1995, c. 18, s. 57

Marginal note: Refusing to undergo medical or surgical treatment

40 (1) Where an applicant or pensioner should undergo medical or surgical treatment and the applicant or pensioner unreasonably refuses to undergo that treatment, the Minister may reduce, by not more than one half, the pension to which the extent of the applicant’s or pensioner’s disability would otherwise have entitled the applicant or pensioner.
Marginal note: Exception (2) Subsection (1) does not apply to a refusal to undergo a major surgical operation.

R.S., 1985, c. P-6, s. 40
1995, c. 18, s. 58

Marginal note: Administration of awards

41 (1) Where it appears to the Minister that a person to whom an award is payable is

(a) by reason of infirmity, illness or other cause, incapable of managing their own affairs, or
(b) not maintaining an individual in respect of whom additional pension is payable in accordance with Schedule I,

the Minister may direct that the award payable to that person be administered for the benefit of that person or any individual in respect of whom additional pension is payable in accordance with Schedule I, or both, by the Department or a person or agency selected by the Minister.

R.S., 1985, c. P-6, s. 41
1995, c. 18, ss. 59, 75
2000, c. 12, s. 216, c. 34, s. 28

Marginal note: Payment of portion of pension to dependant

42 (1) Subject to subsection (2), where a member of the forces to whom a pension is payable is required by an order of a court in Canada to pay an amount fixed in the order towards the maintenance of any person, in this section referred to as a “dependant”, the Minister may, on receipt of a certified copy of the order, direct that such portion of the pen- sion as the Minister may determine be paid directly to the dependant.

Marginal note: Calculation of portion to be paid (2) Where the amount fixed by a court order to be paid to a dependant by a member of the forces described in subsection (1) is

(a) greater than the amount of any additional pension payable to the member in respect of that dependant, the portion of the pension directed by the Minister to be paid to the dependant pursuant to subsection (1) shall not exceed an amount equal to twice the amount of the additional pension; or
(b) less than the amount of any additional pension payable to the member in respect of that dependant, the portion of the pension directed by the Minister to be paid to the dependant pursuant to subsection (1) shall not exceed an amount equal to the amount of the additional pension.

R.S., 1985, c. P-6, s. 42
R.S., 1985, c. 37 (3rd Supp.), s. 9(F)
1990, c. 43, s. 18
1995, c. 18, ss. 60, 75
2000, c. 12, s. 217, c. 34, s. 43(E)

Marginal note: Additional pension not payable in certain circumstances

43 Additional pension for disability shall not be paid to a member of the forces in respect of a spouse or a dependent child unless the person in respect of whom additional pension is payable lives with the pensioner or maintains, or is maintained by, the pensioner to an extent that, in the opinion of the Minister, is at least equal to the amount of the additional pension.

R.S., 1985, c. P-6, s. 43
1995, c. 18, s. 61

44 [Repealed, 1990, c. 43, s. 19]

Pensions for Death

Marginal note: Pension to surviving spouse

45 (1) Subject to subsection 47(3), no pension shall be paid to the surviving spouse of a member of the forces unless the spouse was living with the member, was maintaining or being maintained by the member or was entitled to be maintained by the member at the time of the member’s death and for a reasonable time before the death.

Marginal note: Pensions for surviving spouses (2) Except as otherwise provided in this Act, the surviving spouse of a member of the forces who was, at the time of the member’s death, in receipt of a pension paid at a rate set out in one of classes one to eleven of Schedule I is entitled to a pension in accordance with the rate for a survivor set out in Schedule II, regardless of the cause of that member’s death, if

(a) the surviving spouse was married to the member before the pension was granted, 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 member had, at the date of the marriage, a reasonable expectation of surviving for at least one year after that date,

but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

(a) the surviving spouse was married to the member before a pension was granted to the member, 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 member had, at the date of the marriage, a reasonable expectation of surviving for at least one year after that date,

but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

(a) is the survivor of a member of the forces, or
(b) is a former spouse or a former common-law partner of a member of the forces who has died

is a pensionable applicant in relation to subsection (3.1) if the person meets one of the requirements set out in subsection (1), even though the person was not living with the member of the forces at the time of the member’s death.

R.S., 1985, c. P-6, s. 45
R.S., 1985, c. 16 (1st Supp.), s. 7
1990, c. 43, s. 20
1995, c. 18, ss. 63, 75, 76(F)
2000, c. 12, ss. 219, 237(F), 238, c. 34, ss. 29, 96
2015, c. 3, s. 139(F)

Marginal note: Pension to person cohabiting with member

46 On the death of a member of the forces, a person who was cohabiting in a conjugal relationship with the member in Canada at the time the member became a member of the forces and for a reasonable period before that time may be awarded a pension at a rate not exceeding the rate provided for a survivor in Schedule II or determined pursuant to subsection 45(3.01), whichever rate is applicable.

R.S., 1985, c. P-6, s. 46
1990, c. 43, s. 21
1995, c. 18, s. 64
2000, c. 12, s. 220

Marginal note: Pension to person awarded alimony, support or maintenance

47 (1) A spouse of a member of the forces who has died and who had been judicially separated or separated from the member, or a former spouse or former common-law partner of a member of the forces who has died, is not entitled to a pension unless the person was awarded alimony, support or maintenance or was entitled to an allowance under the terms of a written agreement with the member, in which case the Minister may award to the person the lesser of

(a) the pension the person would have been entitled to as a survivor of that member, or
(b) a pension equal to the alimony, support or maintenance awarded to the person or the allowance to which the person was entitled under the terms of the agreement.

R.S., 1985, c. P-6, s. 47
R.S., 1985, c. 3 (2nd Supp.), s. 31
1995, c. 18, ss. 65, 75
2000, c. 12, ss. 221, 237(F)

48 (1) For the purposes of this section and section 49, means a survivor or child of a member of the forces to whom a pension may be paid under this Part.
Marginal note: 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.
Marginal note: 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.
Marginal note: 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.
Marginal note: 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.
Marginal note: 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.
Marginal note: 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)

Marginal note: 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.
Marginal note: 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.
Marginal note: 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

Marginal note: 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.
Marginal note: 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)

Marginal note: 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.

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)

Marginal note: Pension to parent where dependent

52 (1) In any case where a pension may be awarded under section 21 in respect of the death of a member of the forces, the parent or person in the place of the parent of the member is entitled to a pension at a rate not exceeding the rate provided in Schedule II if

(a) the member died without leaving any 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 parent or person in the place of the parent 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.

(a) award to that parent or person a pension at a rate not exceeding the rate provided in Schedule II; or
(b) in any case where, after the death of the member, the pension to the survivor, former spouse or former common-law partner who is entitled to a pension or the person awarded a pension under section 46 has been discontinued, award to that parent or person a pension not exceeding the pension that might have been awarded to that parent or person if the member had died without leaving any survivor, former spouse or former common-law partner entitled to a pension or a person awarded a pension under section 46.

R.S., 1985, c. P-6, s. 52
1990, c. 43, s. 22
1995, c. 18, ss. 66, 75
2000, c. 12, s. 223, c. 34, s. 43(E)

Marginal note: 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.

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

Marginal note: One pension only

54 (1) No person shall be awarded more than one pension in respect of death.
Marginal note: 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)

Marginal note: 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.
Marginal note: 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

Marginal note: Date from which death pension payable

56 (1) Pensions awarded with respect to the death of a member of the forces shall be payable with effect as follows:

(a) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, if an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person or that person is awarded a pension under paragraph 21(1)(b) or (2)(b),

(i) where a pension is awarded on a date less than three years after the date of death, from the day following the date of death, or
(ii) where a pension is awarded on a date three years or more after the date of death, from a date three years prior thereto;

(i) the day on which application for the pension was first made, and
(ii) a day three years prior to the day on which the pension was awarded with respect to the death of the member;

(a) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, whether or not an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person, the later of

(i) the day on which application for the increase was first made, and
(ii) a day three years prior to the day on which the increase was awarded; and

R.S., 1985, c. P-6, s. 56
R.S., 1985, c. 20 (3rd Supp.), s. 28
1995, c. 18, ss. 69, 75
1999, c. 10, s. 9
2000, c. 12, ss. 238, 239(E), c. 34, s. 31

Marginal note: 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)

58 and 59 [Repealed, 1989, c. 6, s. 32]

Marginal note: 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

60 to 63 [Repealed, 2000, c. 34, s. 32]

Supplementary Pensions in Respect of Members of Allied Forces and Merchant Navies

Marginal note: 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.

(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

Marginal note: 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,

(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

Marginal note: 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,

(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

Marginal note: 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

Marginal note: 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.
Marginal note: 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.
Marginal note: 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).
Marginal note: 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

Marginal note: 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.
Marginal note: 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

Marginal note: 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

Marginal note: 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

PART III.1 Prisoners of War

Interpretation

Marginal note: Definitions

71.1 (1) In this Part, 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 ) 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 )

means a prisoner of war of Japan or a prisoner of war of another power; ( prisonniers de guerre )

(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,

(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 )

R.S., 1985, c. 37 (3rd Supp.), s. 12
1992, c. 24, s. 13
1999, c. 10, s. 15
2000, c. 12, s. 227, c. 34, s. 43(E)

Compensation

Marginal note: 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

(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.

R.S., 1985, c. 37 (3rd Supp.), s. 12
2000, c. 12, ss. 228, 236, c. 34, s. 33
2003, c. 27, s. 8

Marginal note: 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.

R.S., 1985, c. 37 (3rd Supp.), s. 12
2000, c. 12, s. 240, c. 34, s. 43(E)

Marginal note: 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

Marginal note: 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

PART IV Exceptional Incapacity Allowance

Marginal note: Amount of allowance

72 (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III if

(a) the member of the forces is in receipt of

(i) a pension in the amount set out in Class 1 of Schedule I, or

(ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I as well as compensation paid under this Act or a disability award or pain and suffering compensation paid under the Veterans Well-being Act , if the aggregate of the following percentages is equal to or greater than 98%:

(A) the extent of the disability in respect of which the pension is paid,
(B) the percentage of basic pension at which basic compensation is paid,
(C) the extent of the disability in respect of which the disability award is paid, and
(D) the extent of the disability in respect of which the pain and suffering compensation is paid;

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

Marginal note: 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

PART V Annual Adjustment of Pensions and Allowances

Marginal note: Definitions

74 The definitions in this section apply in this Part.

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 )

, 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 )

, 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 )

, 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

Marginal note: Annual adjustment of basic pension

75 (1) 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,

(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

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)

Marginal note: 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.

Marginal note: 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

Marginal note: 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

Marginal note: 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

PART VI Procedure

Marginal note: Definitions

79 In this Part,

means two members of the Commission designated under section 87 of the former Act; ( comité d’évaluation )

means the Canadian Pension Commission established by section 5 of the former Act; ( Commission )

means an Entitlement Board established under section 91 of the former Act; ( comité d’examen )

R.S., 1985, c. P-6, s. 79
1995, c. 18, s. 73

Marginal note: 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.

Marginal note: 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

Marginal note: 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.
Marginal note: 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.
Marginal note: 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.
Marginal note: 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.
Marginal note: 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.
Marginal note: 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.

Marginal note: 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.
Marginal note: 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.

Marginal note: Application made to Minister

81 (1) Every application must be made to the Minister.

Marginal note: 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.

(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

Marginal note: 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.
Marginal note: 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

83 (1) In this section, , 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.

(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.

(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.

(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.

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

Marginal note: 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

Marginal note: 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.

R.S., 1985, c. P-6, s. 85
1995, c. 18, s. 73

Marginal note: 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.
Marginal note: 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.
Marginal note: 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

PART VII General

87 (1) The Minister has all the powers of a commissioner appointed under Part I of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act.
Marginal note: Taking oaths, etc. (2) Any officer or employee of the Department authorized by the Minister may, in the course of their employment and subject to any other Act of Parliament or any Act of the legislature of a province, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of the administration of this Act or the regulations, and every person so authorized has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for taking affidavits.

Marginal note: Acceptance of oaths, etc. (3) The Minister may accept, for the purpose of the administration of this Act or the regulations, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any officer or employee of

(a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act , or
(b) a department of the government of a province

who has all the powers of a commissioner for taking affidavits.

R.S., 1985, c. P-6, s. 87
R.S., 1985, c. 16 (1st Supp.), s. 13, c. 37 (3rd Supp.), s. 15
1990, c. 43, s. 25
1995, c. 18, s. 73
2000, c. 34, s. 39
2003, c. 22, s. 188

Marginal note: Representation of applicant

88 In all proceedings under this Act, an applicant may be represented by a service bureau of a veterans’ organization or, at the applicant’s own expense, by any other representative of the applicant’s choice.

R.S., 1985, c. P-6, s. 88
1990, c. 43, s. 26
1995, c. 18, s. 73

Marginal note: Medical examinations

89 (1) The Minister may at any time require an applicant or pensioner to undergo a medical examination by a person qualified to practise medicine.
Marginal note: Non-compliance (2) Where an applicant or pensioner who is required by the Minister to undergo a medical examination unreasonably fails to do so, the Minister may suspend payment of a pension to the applicant or pensioner for the period during which the failure continues.

R.S., 1985, c. P-6, s. 89
1995, c. 18, s. 73

Marginal note: Expenses

90 (1) An applicant or pensioner who undergoes a medical examination required by the Minister is entitled to be paid a reasonable amount for travel and living expenses incurred by reason of the examination, in accordance with regulations made in relation to veterans health care under section 5 of the Department of Veterans Affairs Act .
Marginal note: Medical fees (2) A qualified medical practitioner who is not employed in the Department is entitled to be paid such attendance fee as may be fixed by the Treasury Board to give evidence or for conducting a medical examination required by the Minister.

R.S., 1985, c. P-6, s. 90
1995, c. 17, s. 73, c. 18, s. 73
2000, c. 34, s. 95(F)
2015, c. 3, s. 140

Marginal note: Regulations

91 The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, including regulations prescribing

(a) the manner of making an application or a statement or of giving notice under this Act, the information and evidence to be furnished and the procedure to be followed in dealing with applications;
(b) the times at which and the manner in which awards are to be paid;
(b.1) shipping companies for the purposes of subparagraph 21.1(4)(c)(iii); and
(c) the procedure to be followed by the Minister in making decisions under section 82 or 83.

R.S., 1985,, c. P-6, s. 91
R.S., 1985, c. 16 (1st Supp.), s. 14
1995, c. 18, s. 73
1999, c. 10, s. 17

91.1 [Repealed, 2005, c. 21, s. 108]

91.2 [Repealed, 2005, c. 21, s. 108]

91.3 [Repealed, 2005, c. 21, s. 108]

91.4 [Repealed, 2005, c. 21, s. 108]

91.5 [Repealed, 2005, c. 21, s. 108]

Marginal note: Forms

92 Every application, statement or notice required or permitted by this Act, or by any enactment incorporating this Act by reference, must be made or given in the form required by the Minister.

R.S., 1985, c. P-6, s. 92
1995, c. 18, s. 73
2000, c. 34, s. 40

Marginal note: Combining information

93 The Minister may combine in any single document, and in any electronic form, the collection of personal information required for the purposes of this Act and other enactments administered by the Minister.

R.S., 1985, c. P-6, s. 93
1995, c. 18, s. 73
2000, c. 34, s. 40

94 to 96 [Repealed, 1995, c. 18, s. 73]

97 to 103 [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 23]

104 [Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 24]

105 to 108 [Repealed, 1995, c. 18, s. 73]

Marginal note: Right to inspect records, etc.

109 (1) The persons described in subsection (2) may, for the purpose of preparing an application or deciding whether or not to prepare an application, inspect

(a) the service and medical records of a member of the forces;
(b) the records of the Department relating to an application made under this Act or under any enactment incorporating this Act by reference; and
(c) all material relating to an application referred to in paragraph (b).

(a) the applicant or a representative of the applicant;
(b) any medical adviser or other person, including any representative of a veterans’ organization incorporated by or under an Act of Parliament, who is consulted by the applicant or by a representative of the applicant;
(c) any member of the federal public administration whose duties require the inspection of those records or that material;
(d) the member of the forces or a representative of the member; and

(e) if the member of the forces is deceased,

(i) the survivor or surviving child of the member, or a representative of that survivor or child, and
(ii) any medical adviser or other person, including any representative of a veterans’ organization incorporated by or under an Act of Parliament, who is consulted by the survivor or surviving child of the member or by a representative of that survivor or child.

R.S., 1985, c. P-6, s. 109
R.S., 1985, c. 37 (3rd Supp.), s. 16
1995, c. 18, s. 74
2000, c. 34, s. 41
2003, c. 22, s. 224(E)

Marginal note: Information that shall be made available to Minister

109.1 The following personal information relating to a member of the forces shall, if requested by the Minister, be made available to the Minister for the purpose of determining or verifying the member’s service or medical history in order to determine eligibility for an award under this Act or a benefit under any enactment incorporating this Act by reference:

(a) personal information collected or obtained by the Department of National Defence in the administration of the National Defence Act or the Queen’s Regulations and Orders for the Canadian Forces, or any predecessor enactment relating to the same subject-matter;
(b) personal information collected or obtained by the Department of Transport in the administration of the Aeronautics Act or the Canada Shipping Act, or any predecessor enactment relating to the same subject-matter;
(c) personal information collected or obtained by the Department of Indigenous Services in the administration of the Indian Act , or any predecessor enactment relating to the same subject-matter; and
(d) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act , or any predecessor enactment relating to the same subject-matter.

2000, c. 34, s. 41
2004, c. 11, s. 36
2019, c. 29, s. 372

Marginal note: Information that Minister may disclose

109.2 Personal information that has been collected or obtained by the Minister in the administration of this Act, or any enactment incorporating this Act by reference, may be disclosed by the Minister

(a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain from that person or body information that the Minister requires for the administration of this Act or any other enactment administered by the Minister;
(b) to any officer or employee of the Department, to the extent that the disclosure is required for the administration of this Act or any other enactment administered by the Minister;

(c) to any person or body, to the extent that the disclosure is required for the purpose of obtaining a payment due to Canada by

(i) the United Nations, or
(ii) another international organization or another country, pursuant to an international agreement;

2000, c. 34, s. 41
2005, c. 35, s. 66
2012, c. 19, s. 695
2013, c. 40, s. 237
2020, c. 11, s. 5

Marginal note: Disclosure in legal proceedings

109.3 Notwithstanding any other Act or law, no member of the federal public administration shall be required to disclose personal information that has been collected or obtained for the purpose of this Act, or any enactment incorporating this Act by reference, in any legal proceedings except

(a) criminal proceedings; or
(b) proceedings on a review, appeal, reconsideration or judicial review relating to an application made under this Act or any enactment incorporating this Act by reference.

2000, c. 34, s. 41
2003, c. 22, s. 224(E)

Marginal note: Social Insurance Numbers

109.4 If a Social Insurance Number has been used to identify the service or medical records of a member of the forces, the minister or other authority having custody of those records and the Minister may use the Social Insurance Number for the purpose of making available those records.

2000, c. 34, s. 41

Marginal note: Immunity

110 No action or other proceeding lies against any person by reason of anything done or said in good faith in any proceedings before the Minister or in any report of any examination made for the purposes of this Act by any person employed in the Department or by any other person at the request of the Minister.

R.S., 1985, c. P-6, s. 110
R.S., 1985, c. 20 (3rd Supp.), s. 27
1995, c. 18, s. 74

111 (1) In this section, means any action or other proceeding brought by or on behalf of

(a) a member of the forces,
(b) a person to whom this Act applies by virtue of any enactment incorporating this Act by reference, or
(c) a survivor or a surviving child, parent, brother or sister of a person referred to in paragraph (a) or (b) who is deceased

against Her Majesty, or against any officer, servant or agent of Her Majesty, in which damages are claimed in respect of an injury or disease or aggravation thereof resulting in disability or death.

(a) an application for a pension in respect of the same disability or death has been made and pursued in good faith by or on behalf of the person by whom, or on whose behalf, the action was brought; and
(b) a decision to the effect that no pension may be paid to or in respect of that person in respect of the same disability or death has been confirmed by an appeal panel of the Veterans Review and Appeal Board in accordance with the Veterans Review and Appeal Board Act .

R.S., 1985, c. P-6, s. 111
2000, c. 34, s. 42

SCHEDULE I (Section 21) Scale of Pensions for Disability

Monthly Rate in Dollars

Class	1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20
Range of Disability (%)	98-100	93-97	88-92	83-87	78-82	73-77	68-72	63-67	58-62	53-57	48-52	43-47	38-42	33-37	28-32	23-27	18-22	13-17	8-12	5-7
Rate of Pension (%)	100	95	90	85	80	75	70	65	60	55	50	45	40	35	30	25	20	15	10	5
Basic Pension	1293.75	1229.06	1164.38	1099.69	1035.00	970.31	905.63	840.94	776.25	711.56	646.88	582.19	517.50	452.81	388.13	323.44	258.75	194.06	129.38	64.69
Additional Pension for Spouse or Common-law Partner

(25% of Basic Pension)

(13% of Basic Pension)

(22.5% of Basic Pension)

(7.5% of Basic Pension)

Class 21 — Disability less than 5 per cent — A final payment not exceeding $1,670.85.

R.S., 1985, c. P-6, Sch. I
R.S., 1985, c. 37 (3rd Supp.), s. 17
2000, c. 12, s. 236

SCHEDULE II (Sections 21, 34, 45, 46, 52, 53, 55, 70, 71, 75 and 78) Pensions for Death

Pension pursuant to subsection 52(1) (50% of Basic Pension Footnote for * )

Pension pursuant to subsection 52(2)

Additional amount pursuant to subsection 52(4)

One Child (13% of Basic Pension Footnote for * )

Two Children (22.5% of Basic Pension Footnote for * )

Each Additional Child (7.5% of Basic Pension Footnote for * )

One Child (26% of Basic Pension Footnote for * )

Two Children (45% of Basic Pension Footnote for * )

Each Additional Child (15% of Basic Pension Footnote for * )

Return to footnote * The amount set out in Schedule I as the basic pension for members of the forces in Class 1 (as adjusted annually under subsection 75(1)).

NOTE: The amounts shown in this Schedule are adjusted annually in accordance with subsection 75(3). (Pensions may be less than these amounts in accordance with the provisions of this Act.)

R.S., 1985, c. P-6, Sch. II
R.S., 1985, c. 37 (3rd Supp.), s. 17
1990, c. 43, s. 31
2000, c. 12, ss. 232, 233

SCHEDULE III (Sections 38, 72 and 75) Allowances

NOTE: The amounts shown in this Schedule are adjusted annually in accordance with subsection 75(3). (Awards may be less than these amounts in accordance with the provisions of this Act.)

1990, c. 43, s. 31
2000, c. 12, ss. 234, 235

RELATED PROVISIONS

Continuation of existing order

5 (1) The Special Duty Area Pension Order made under subsection 91.1(1) of the Pension Act , as that subsection read immediately before the coming into force of this Act, continues in force subject to being repealed under section 91.2 of the Pension Act , as enacted by section 3 of this Act.

Re-enactment of provisions of existing order

Reference to special duty areas

6 (1) In the definition in subsection 3(1) of the Pension Act , as enacted by subsection 1(3) of this Act, the expression “special duty area designated under section 91.2” shall be read as including a special duty area designated by the Special Duty Area Pension Order made under subsection 91.1(1) of the Pension Act , as that subsection read immediately before the coming into force of this Act, until that order is repealed.

Effect of Special Duty Area Pension Order

Effect of designations under Pension Act

Review

Retroactive pension

Mature minors, advance requests and mental illness

9.1 (1) The Minister of Justice and the Minister of Health must, no later than 180 days after the day on which this Act receives royal assent, initiate one or more independent reviews of issues relating to requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.
(2) The Minister of Justice and the Minister of Health must, no later than two years after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.

Review by committee

10 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.

Pension Act ( R.S.C. , 1985, c. P-6)

Construction

Interpretation

Veterans Well-being Act

Equality of Status

Powers of the Minister

PART III Pensions

Children

Pensions for Disabilities

Pensions for Death

Supplementary Pensions in Respect of Members of Allied Forces and Merchant Navies

PART III.1 Prisoners of War

Interpretation

Compensation

PART IV Exceptional Incapacity Allowance

PART V Annual Adjustment of Pensions and Allowances

PART VI Procedure

PART VII General

SCHEDULE I (Section 21) Scale of Pensions for Disability

SCHEDULE II (Sections 21, 34, 45, 46, 52, 53, 55, 70, 71, 75 and 78) Pensions for Death

SCHEDULE III (Sections 38, 72 and 75) Allowances

Table of Contents

RELATED PROVISIONS

Continuation of existing order

Re-enactment of provisions of existing order

Reference to special duty areas

Effect of Special Duty Area Pension Order

Effect of designations under Pension Act

Review

Retroactive pension

Mature minors, advance requests and mental illness

Review by committee