Defence Services Pension Continuation Act (R.S.C. 1970, c. D-3)

Act current to 2012-05-02 and last amended on 2012-01-01. Previous Versions

Marginal note:Compassionate allowance to child

 With respect to the payment of a compassionate allowance to the child of an officer under this Act, the allowance so payable shall be by reference to the equivalent Air Force rank held.

  • R.S., 1952, c. 63, s. 41.

PART IV

GENERAL

Marginal note:Time and duration of payment

 Pensions and compassionate allowances granted under this Act are, unless otherwise ordered by the Governor in Council, payable in equal monthly instalments in arrears, and unless otherwise specified by this Act shall continue during the lifetime of the recipient and thereafter until the end of the month during which he dies.

  • 1959, c. 21, s. 35.
Marginal note:Fractions of years

 For the purpose of computing pensions or gratuities, fractions of years of service shall be counted.

  • 1959, c. 21, s. 35.
Marginal note:Act not applicable to certain persons

 This Act does not apply to officers or militiamen who were not in the forces on the 31st day of March 1946 and who were or are appointed to or enlisted in the forces subsequent to that day and who have not been granted a pension under this Act.

  • R.S., 1952, c. 63, s. 44.
Marginal note:"Service"

 For the purpose of computing a pension under any of Parts I to III with respect to an officer, "service" in any such Part, in addition to any periods specified in Parts I to III, includes any continuous period of full-time service of six months or more in the naval, army or air forces of His Majesty raised in Canada other than the forces as defined in such Part, under such circumstances and to such extent as the Governor in Council may by regulation prescribe, but such service may not be counted as service under any other provision of any of such Parts, except to the extent prescribed by paragraph 7(a), paragraph (b) of the definition "service" in the case of an officer, in subsection 37(1) or paragraph (c) of the definition "service" in the case of an officer, in section 41, for the purpose of determining eligibility for pension.

  • R.S., 1952, c. 310, s. 4;
  • 1953-54, c. 13, s. 2.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the extent to which and the manner in which any person in receipt of a pension under any of Parts I to III who, after his retirement from the forces, is appointed to a position in the public service of Canada or is appointed to or enlists in the naval, army or air forces of Canada, may count that additional service for the purpose of computing his pension under such Part; and

  • (b) providing for payment out of the Consolidated Revenue Fund, upon the death of any person in respect of whom any pension or compassionate allowance becomes payable under any of Parts I to III upon application to the Minister by or on behalf of any successor thereunder to whom any such pension or allowance becomes payable, of the whole or any part of such portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the successor as is determined in accordance with the regulations to be attributable to that pension or allowance, and prescribing the amounts by which and the manner in which any such pension or allowance shall be reduced.

  • 1953-54, c. 13, s. 3;
  • 1959, c. 21, s. 36.