Pension Act (R.S.C., 1985, c. P-6)

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.

• 37 (1) [Repealed, 1990, c. 43, s. 14]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• (3) [Repealed, 1990, c. 43, s. 14]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  (4) Any pensioner who has accepted a final payment under any provisions previously contained in this Act but now repealed may, if it is found on examination that his or her pensionable disability has persisted or increased, be restored to pension in respect thereof as of the date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.

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• (2) [Repealed, 2017, c. 20, s. 290]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.

• Marginal note:Wear and tear of clothing on account of amputation

  (4) A member of the forces who is in receipt of a pension on account of an amputation of the leg at or above a Symes’ amputation is entitled to the allowance set out in Schedule III on account of wear and tear of clothing in respect of each such amputation.

• Marginal note:Idem

  (5) A member of the forces who is in receipt of a pension on account of an amputation of the arm at or above the wrist is entitled to the allowance set out in Schedule III on account of wear and tear of clothing in respect of each such amputation.

• Marginal note:Wear and tear of clothing on account of two amputations

  (6) A member of the forces who is in receipt of a pension on account of two amputations of a kind described in subsection (4) or (5) is, in addition to the allowances to which that member is entitled under that subsection, entitled in respect of the second amputation to an allowance on account of wear and tear of clothing equal to fifty per cent of the allowance referred to in that subsection.

• Marginal note:Wear and tear on account of other disabilities

  (7) A member of the forces who is in receipt of a pension for a disability other than a disability described in subsection (4) or (5) that causes wear and tear of clothing may be granted an allowance on account of wear and tear of clothing not exceeding the allowance set out in Schedule III.

• Marginal note:Specially made wearing apparel

  (8) A member of the forces who is in receipt of a pension for any disability that requires the wearing of specially made apparel is entitled, in addition to any other allowance to which the member is entitled under this section, to the allowance set out in Schedule III on account of the purchase of such apparel.

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.

• Marginal note:Additional award

  (2) Notwithstanding subsection (1), where a pension is awarded for a disability and the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act, the Veterans Review and Appeal Board is of the opinion that the pension should be awarded from a day earlier than the day prescribed by subsection (1) by reason of delays in securing service or other records or other administrative difficulties beyond the control of the applicant, the Minister or Veterans Review and Appeal Board may make an additional award to the pensioner in an amount not exceeding an amount equal to two years pension.

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.

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.

• Marginal note:Payment of portion of pension to other person

  (2) Where a pensioner is in receipt of a pension paid at a rate set out in one of classes seventeen to twenty of Schedule I, the Minister may, at the request of the pensioner, pay to any person in respect of whom additional pension is payable in accordance with Schedule I, without further inquiry as to whether the pensioner is maintaining that person, a portion of the pension not exceeding twice the amount of the additional pension payable in respect of that person.

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.

• Marginal note:Allowance for maintenance of parents

  (3) Where a pensioner, prior to the pensioner’s enlistment or during the pensioner’s service, was maintaining or was substantially assisting in maintaining one or both of the pensioner’s parents or a person in the place of a parent, an amount not exceeding the amount set out in Schedule I as the additional pension for one child may be paid directly to each parent or person in the place of a parent or to the pensioner for so long as the pensioner continues that maintenance.

• Marginal note:Limitation

  (4) The benefits of subsection (3) shall be limited to a parent or parents or a person in the place of a parent who is, are or would be, if the pensioner did not contribute, in a dependent condition, and if the Minister is of the opinion that the pensioner is unable by reason of circumstances beyond his or her control to continue his or her contribution toward the maintenance of his or her parent or parents or a person in the place of a parent, the Minister may continue those benefits.

• Marginal note:Dependent parent

  (5) Where a parent or person in the place of a parent who was not wholly or to a substantial extent maintained by the pensioner prior to the pensioner’s enlistment or during the pensioner’s service by reason of the fact that the parent or person was not then in a dependent condition, subsequently falls into a dependent condition, is incapacitated by mental or physical infirmity from earning a livelihood and is wholly or to a substantial extent maintained by the pensioner, an amount not exceeding the amount set out in Schedule I as the additional pension for one child may be paid directly to each parent or person in the place of a parent or to the pensioner for so long as the pensioner continues that maintenance.

• (6) and (7) [Repealed, 2000, c. 12, s. 217]

• (8) [Repealed, 1990, c. 43, s. 18]

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.

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.

• Marginal note:Pensions for surviving common-law partners

  (2.1) Except as otherwise provided in this Act, the surviving common-law partner 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, 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.

• Marginal note:Proportionate pension for surviving spouses

  (3) 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 twelve to twenty of Schedule I is entitled to a proportionate pension equivalent to fifty per cent of the aggregate of the pension awarded to the deceased member for disability and the additional pension payable for the spouse, excluding the allowances for exceptional incapacity, attendance and clothing, if

  • (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.

• Marginal note:Proportionate pension for surviving common-law partners

  (3.01) Except as otherwise provided in this Act, the surviving common-law partner 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 twelve to twenty of Schedule I is entitled to a proportionate pension equivalent to fifty per cent of the aggregate of the pension awarded to the deceased member for disability and the additional pension payable for the common-law partner, excluding the allowances for exceptional incapacity, attendance and clothing, 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.

• Marginal note:Where pension suspended

  (3.02) Where the payment of the pension of a member of the forces was suspended at the time of the member’s death, the Minister may direct that the survivor be awarded the pension to which the survivor would be entitled under subsection (2), (2.1), (3) or (3.01) if the pension had not been suspended.

• Marginal note:Equivalent of member’s pension payable to survivor for one year

  (3.1) The survivor of a member of the forces who was living with that member at the time of the member’s death and is entitled to a pension under subsection (3) or (3.01) is entitled, 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”), in lieu of the pension under subsection (3) or (3.01) during that period, to a pension equal to the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member of the forces under Schedule I at the time of the member’s death, and thereafter a pension shall be paid to the survivor in accordance with subsection (3) or (3.01).

• Marginal note:Apportionment of pension

  (3.2) For the purposes of subsection 55(1), a person who

  • (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.

• Marginal note:Where survivor reclassified

  (3.3) Where, as a result of a determination by the Minister under subsection 48(3) or section 49, a survivor described in subsection (3.1) becomes entitled to a pension in accordance with the rates set out in Schedule II, any amount of pension that the survivor has received under subsection (3.1) shall be set off against the survivor’s entitlement under paragraph 21(1)(i) or (2)(d).