Marginal note:Retirement after renewed service

19. A militiaman so serving again is entitled to retire at the same time as he would have been entitled to retire if the time that elapsed between his retirement and the renewal of his service were service, but the time so elapsed shall not be reckoned as service in calculating his pension on his final retirement.

Marginal note:Failure or refusal to be examined

• 20. (1) Where a militiaman fails or refuses, when required, to be examined by a legally qualified medical practitioner, the Minister has the same power of requiring such militiaman to serve again as he would have under this section, if satisfied by the evidence of a legally qualified medical practitioner that the incapacity of such militiaman had ceased.

• Marginal note:Forfeiture of pension

  (2) In such case the Minister may with the approval of the Governor in Council declare forfeited the pension of such militiaman.

Marginal note:Infirmity contributed to by militiaman

21. When a pension is granted to a militiaman on account of infirmity of mind or body, and such infirmity is certified by a medical board constituted as aforesaid, to have been brought about or contributed to by his own fault, or by his vicious habits, and such militiaman is entitled under this Act to a pension of a fixed amount, the Governor in Council may grant to him a less amount of pension than the amount to which he would otherwise have been entitled.

22. [Repealed, 1992, c. 46, s. 82]

Marginal note:Obtaining pension by fraud

23. Every militiaman who obtains a pension under this Act by any false representation or false evidence, or by personation, or by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, is liable on summary conviction to imprisonment, with or without hard labour, for a period not exceeding twelve months, or to a fine not exceeding one hundred dollars, and shall forfeit the pension obtained.

Marginal note:Summary conviction

24. Prosecutions under section 23 may be had under the provisions of the Criminal Code relating to summary convictions.

Marginal note:Pension to survivors and compassionate allowance to children

• 25. (1) Subject to the provisions hereinafter contained, the Minister may, as to him or her seems fit, grant a pension to the survivor and a compassionate allowance to each of the children of any officer who, at the time of death being on full pay, dies after a period at which a pension might be granted him, or who was, at the time of his death, in receipt of a pension.

• Marginal note:If two survivors

  (2) If the Minister grants a pension to two survivors, the total amount of the pension shall be apportioned between the two survivors in accordance with subsection 32(3).