Pension Act (R.S.C., 1985, c. P-6)

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

  • (b) in respect of any period spent as a prisoner of war of another power,

    • (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.

• Marginal note:Additional compensation

  (2) Subject to subsection (4), a prisoner of war who has a spouse or common-law partner or any children is entitled, on application, to additional compensation in respect of the spouse or common-law partner or children at the rate set out in Schedule I corresponding to the percentage of the basic pension applicable to the prisoner of war under subsection (1).

• Marginal note:Extension of additional compensation

  (3) Where a prisoner of war is in receipt of additional compensation under subsection (2) in respect of a spouse or common-law partner who is living with the prisoner of war and the spouse or common-law partner dies, except where compensation is payable to the prisoner of war under subsection 34(8), the additional compensation 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 the prisoner of war remarries or marries, as the case may be, during that period, until the date of remarriage or marriage.

• Marginal note:Application of Part III

  (4) In the determination of the entitlement of a prisoner of war to compensation, the applicable provisions of Part III, excluding subsections 38(4) to (8), apply, with any modifications that the circumstances require, as if a reference in those provisions to a member of the forces or a pensioner were a reference to a prisoner of war and as if a reference to a pension or a pension for disability were a reference to compensation.

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.

• Marginal note:Deemed compensation

  (2) For the purposes of Part III, as applied to prisoners of war referred to in subsection (1), and for the purposes of section 71.4, where a prisoner of war would have been entitled to compensation under section 71.2 at the time of death had this Part been in force at that time, the prisoner of war shall be deemed to have been in receipt of compensation at the rate applicable to the prisoner of war under subsection 71.2(1).

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.

Marginal note:Provisions not applicable

71.5 Sections 64 to 66 do not apply in respect of compensation under this Part.

PART IVExceptional 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;

  • (b) the member of the forces is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension or a disability award or pain and suffering compensation under that Act;

  • (c) the member of the forces is not in receipt of additional pain and suffering compensation under that Act; and

  • (d) the Minister determines that the member of the forces is not entitled to additional pain and suffering compensation under that Act.

• Marginal note:Deeming

  (1.1) The Minister’s determination under paragraph (1)(d) of whether a member of the forces is entitled to additional pain and suffering compensation is deemed to be a determination made under section 56.6 of the Veterans Well-being Act. If the Minister determines that the member is entitled to additional pain and suffering compensation, the member’s application for an exceptional incapacity allowance is deemed to be an application for additional pain and suffering compensation made under that section.

• Marginal note:For greater certainty

  (1.2) For greater certainty, a member of the forces who is not released from the Canadian Forces is not entitled to additional pain and suffering compensation for the purposes of paragraph (1)(d).

• Marginal note:Determination of exceptional incapacity

  (2) Without restricting the generality of paragraph (1)(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension or a disability award or pain and suffering compensation under the Veterans Well-being Act has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the member’s life expectancy.

• Marginal note:Treatment, etc., to be considered in determining allowance

  (3) In determining the amount of the allowance that is to be awarded to a member of the forces who is suffering an exceptional incapacity, account may be taken of the degree to which the incapacity is lessened by treatment or the use of prostheses.

• Marginal note:Reduction in allowance

  (4) Where, in the opinion of the Minister, a member of the forces who is suffering an exceptional incapacity should undergo medical treatment or use a prosthesis and that member has, in the opinion of the Minister, unreasonably refused to do so, the Minister may reduce the allowance to which the incapacity would otherwise have entitled the member under this section by not more than one-half.

• Marginal note:Payment of allowance on death of member

  (5) Where a member of the forces who has been awarded an exceptional incapacity allowance under this section dies, the exceptional incapacity allowance shall, if that member was a member to whom an additional pension was, at the time of death, payable in respect of the member’s spouse, common-law partner or child living with the member, be paid for a period of one year commencing on the first day of the month following the month of the 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: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.

PART VAnnual Adjustment of Pensions and Allowances

Marginal note:Definitions

74 The definitions in this section apply in this Part.

basic pension

basic pension 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)

Consumer Price Index

Consumer Price Index, 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)

first adjustment year

first adjustment year, 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)

second adjustment year

second adjustment year, in relation to a calendar year, means the period of twelve months immediately before the first adjustment year. (seconde année de rajustement)

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,

    by

    • (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

  • (b) an amount equal to one twelfth of the average annual gross composite wage, as of the thirty-first day of October of the year in which the adjustment is made, of categories of unskilled members of the federal public administration designated by the Minister, minus income tax for a single person calculated in the province with the lowest combined provincial and federal income tax rate.

• Marginal note:Adjustment not subsequently affected

  (2) A retroactive change in the wages or income tax rates referred to in paragraph (1)(b) does not affect an adjustment made in accordance with that paragraph.

• Marginal note:Adjustment of other pensions and allowances

  (3) All amounts set out in Schedules I to III shall be adjusted, in the manner prescribed by regulation of the Governor in Council, at the same times and by the same percentage as the basic pension.

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.

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.

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.

PART VIProcedure

Marginal note:Definitions

79 In this Part,

Assessment Board

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

Commission

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

Entitlement Board

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

former Act

former Act means the Pension Act, as it read immediately before the day on which section 73 of An Act to establish the Veterans Review and Appeal Board, to amend the Pension Act, to make consequential amendments to other Acts and to repeal the Veterans Appeal Board Act comes into force. (loi antérieure)