Pension Act (R.S.C., 1985, c. P-6)

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.

58 and 59 [Repealed, 1989, c. 6, s. 32]

Marginal note:Recovery of lump sum pursuant to repealed provision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.

60 to 63 [Repealed, 2000, c. 34, s. 32]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

• Marginal note:Qualification

  (2) Payments may be made under this section only to or in respect of a person who has been a resident of Canada for at least one year since the date of the disability or death in respect of which

  • (a) the gratuity or pension referred to in paragraph (1)(a) was awarded; or

  • (b) the application referred to in paragraph (1)(b) was made.

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,

  and the survivors, children and other dependants of the persons described in paragraphs (a) and (b) on whom the benefits of this Act are conferred are entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided in respect of them under the laws or regulations of the United Kingdom.

• Marginal note:Qualification

  (2) Payments may be made under this section only to or in respect of a person who has been a resident of Canada for at least one year since the date of the disability or death in respect of which

  • (a) the gratuity or pension referred to in paragraph (1)(a) was awarded; or

  • (b) the application referred to in paragraph (1)(b) was made.

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,

  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.

• Marginal note:Qualification

  (2) Payments may be made under this section only to or in respect of a person who has been a resident of Canada for at least one year since the date of the disability or death in respect of which

  • (a) the gratuity or pension referred to in paragraph (1)(a) was awarded; or

  • (b) the application referred to in paragraph (1)(b) was made.

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.

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.

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.

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.

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.

PART III.1Prisoners of War

Interpretation

Marginal note:Definitions

• 71.1 (1) In this Part,

  basic pension

  basic pension means the monthly pension payable under Class 1 of Schedule I to a pensioner without a spouse, common-law partner or child; (pension de base)

  civilian

  civilian means

  • (a) a person described in section 9 or 16 of the Civilian War-related Benefits Act,

  • (b) a member of the Voluntary Aid Detachment, within the meaning assigned to that expression by section 43 of that Act,

  • (c) an Overseas Welfare Worker, within the meaning assigned to that expression by section 48 of that Act,

  • (d) a Civilian Member of Overseas Air Crew, within the meaning assigned to that expression by section 52 of that Act, or

  • (e) a person who during World War I was engaged in any activity equivalent to an activity engaged in by persons described in any of paragraphs (a) to (d) under the same basic conditions that applied to those persons; (civils)

  prisoner of war

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

  prisoner of war of another power

  prisoner of war of another power means

  • (a) a person who during World War I or World War II

    • (i) served in the naval, army or air forces of Canada or Newfoundland,

    • (ii) served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty and who was domiciled in Canada or Newfoundland at the time of enlistment, or

    • (iii) was a civilian,

    and who was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power,

  • (b) a merchant navy veteran of World War I or World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act who, during World War I or World War II, as the case may be, was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power,

  • (c) a person who served in the naval, army or air forces of Canada during military operations subsequent to World War I or World War II and who, while so serving, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power, or

  • (d) a Canadian merchant navy veteran of the Korean War within the meaning of subsection 37(7.4) of the War Veterans Allowance Act who, during the period referred to in that subsection, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power; (prisonniers de guerre d’une autre puissance)

  prisoner of war of Japan

  prisoner of war of Japan means

  • (a) a person who served in the naval, army or air forces of Canada or Newfoundland during World War II,

  • (b) a person who served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty during World War II and who was domiciled in Canada or Newfoundland at the time of enlistment,

  • (c) a merchant navy veteran of World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act, or

  • (d) a civilian

  who, during World War II, was a prisoner of war of Japan or was engaged in evading capture by or in escaping from the Japanese. (prisonniers de guerre des Japonais)

• Marginal note:Running of time period

  (2) For the purposes of this Part, a period spent as a prisoner of war is the period from the time a person became a prisoner of war or became separated from their unit in enemy or enemy-occupied territory to the time the person ceased to be in enemy or enemy-occupied territory, but does not include any period spent performing the duties of a special agent.