Pension Act (R.S.C., 1985, c. P-6)

Act current to 2016-11-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Pension to person cohabiting with member

 On the death of a member of the forces, a person who was cohabiting in a conjugal relationship with the member in Canada at the time the member became a member of the forces and for a reasonable period before that time may be awarded a pension at a rate not exceeding the rate provided for a survivor in Schedule II or determined pursuant to subsection 45(3.01), whichever rate is applicable.

  • R.S., 1985, c. P-6, s. 46;
  • 1990, c. 43, s. 21;
  • 1995, c. 18, s. 64;
  • 2000, c. 12, s. 220.
Marginal note:Pension to person awarded alimony, support or maintenance
  •  (1) A spouse of a member of the forces who has died and who had been judicially separated or separated from the member, or a former spouse or former common-law partner of a member of the forces who has died, is not entitled to a pension unless the person was awarded alimony, support or maintenance or was entitled to an allowance under the terms of a written agreement with the member, in which case the Minister may award to the person the lesser of

    • (a) the pension the person would have been entitled to as a survivor of that member, or

    • (b) a pension equal to the alimony, support or maintenance awarded to the person or the allowance to which the person was entitled under the terms of the agreement.

  • Marginal note:Review of pension

    (2) Subject to section 55, where a person described in subsection (1) is awarded a pension described in paragraph (b) of that subsection and is in a dependent condition, the Minister may at any time increase or decrease the amount of the pension, but when a pension is payable to that person it shall not, at any time, exceed the pension described in paragraph (a) of that subsection or be decreased below the lesser of paragraphs (a) and (b) of that subsection.

  • Marginal note:Pension where no alimony, support, maintenance or alimentary allowance payable

    (3) Notwithstanding subsection (1), where a person described in that subsection is in a dependent condition, the Minister may award a pension at a rate not exceeding the rate provided for a survivor in Schedule II or determined pursuant to subsection 45(3) or (3.01), whichever rate is applicable, although the person has not been awarded alimony, support, maintenance or an alimentary allowance or is not entitled to an allowance under the terms of a written agreement, if, in the opinion of the Minister, the person would have been entitled to an award of alimony, support, maintenance or an alimentary or other allowance had the person made application for it under due process of law in any jurisdiction in Canada.

  • Marginal note:Power to refuse pension to surviving spouse

    (4) The Minister may refuse to award a pension to a surviving spouse of a member of the forces who, at the time the member became a member of the forces and for a reasonable period before that time, was separated from the member and was not being maintained by the member.

  • R.S., 1985, c. P-6, s. 47;
  • R.S., 1985, c. 3 (2nd Supp.), s. 31;
  • 1995, c. 18, ss. 65, 75;
  • 2000, c. 12, ss. 221, 237(F).

Definition of dependant

  •  (1) For the purposes of this section and section 49, dependant means a survivor or child of a member of the forces to whom a pension may be paid under this Part.

  • Marginal note:Procedure where applicant dies

    (2) Where an application for a pension or allowance, or for an increase thereof, that was made by a member of the forces is pending at the time of the member’s death, the application shall, if the member is survived by a dependant, be proceeded with and determined in the same manner as if the member had not died.

  • Marginal note:Rights of dependant

    (2.1) A dependant referred to in subsection (2) may appeal any decision taken in respect of any application proceeded with and determined pursuant to that subsection and has, in respect of the application, all of the rights that the member of the forces would have had had the member not died.

  • Marginal note:Determination of entitlement to pension of deceased member

    (3) On application by a dependant of a deceased member of the forces who died without having applied for a pension and whose death was not attributable to military service, the Minister shall, in the same manner as if the application had been made by that member, determine whether that member would have been entitled to a pension had that member applied therefor at any time prior to death.

  • Marginal note:Rights of dependant

    (3.1) A dependant referred to in subsection (3) may appeal any decision taken in respect of the dependant’s application under that subsection and has, in respect of that application, all of the rights that a member of the forces applying for a pension has.

  • Marginal note:Deceased member deemed to have been in receipt of pension

    (4) Where it is determined that a pension would have been awarded to a member of the forces described in subsection (2) or (3), that member shall, for the purposes of subsections 34(6) and (7) and 45(2) and (3), be deemed to have been in receipt of a pension at the time of death.

  • Marginal note:Idem

    (5) Where it is determined that a pension payable at a rate set out in one of classes twelve to twenty-one of Schedule I would have been awarded to a member of the forces described in subsection (2), that member shall, for the purposes of subsections 34(7) and 45(3), be deemed to have been in receipt of a pension for a disability assessed at the percentage determined by the Minister and applicable at the time of death.

  • R.S., 1985, c. P-6, s. 48;
  • R.S., 1985, c. 12 (2nd Supp.), s. 8;
  • 1995, c. 18, s. 75;
  • 1999, c. 10, s. 7;
  • 2000, c. 12, s. 238, c. 34, s. 43(E).
Marginal note:Minister may increase disability assessment of deceased member
  •  (1) The Minister may, on application by a dependant of a deceased member of the forces who, at the time of death, was in receipt of a pension paid at a rate set out in one of classes twelve to twenty-one of Schedule I, determine whether at the time of death the member’s pension should have been paid at a higher rate under Schedule I.

  • Marginal note:Pension of deceased member deemed increased

    (2) Where it is determined that the pension of a deceased member of the forces described in subsection (1) should at the time of death have been paid at a higher rate under Schedule I, that member shall, for the purposes of subsections 34(6) and (7) and 45(2) and (3), be deemed to have been at the time of death in receipt of a pension paid at that higher rate.

  • Marginal note:Dependants’ pensions

    (3) Except as provided by subsections 48(2), (4) and (5) and section 50, no increase in a dependant’s pension may be awarded except in accordance with this section.

  • R.S., 1985, c. P-6, s. 49;
  • 1995, c. 18, s. 75;
  • 1999, c. 10, s. 8.
Marginal note:Assessment determined after death
  •  (1) Where a pensioner who was in receipt of a pension paid at a rate set out in one of classes twelve to twenty-one of Schedule I dies while on the strength of the Department for treatment of a pensioned disability, the Minister shall determine the assessment of the disability at the time of death.

  • Marginal note:Increased assessment

    (2) Where, pursuant to subsection (1), it is determined that an assessment of disability should have been increased, that pensioner shall, for the purposes of subsections 34(7) and 45(3), be deemed to have been in receipt of a pension for the increased assessment at the time of death.

  • R.S., 1985, c. P-6, s. 50;
  • 1995, c. 18, s. 75;
  • 2000, c. 34, s. 43(E).
Marginal note:Limitation
  •  (1) Except as otherwise provided in this Act, in any case where pension may be awarded under section 21 in respect of the death of a member of the forces, the member’s surviving spouse is entitled to a pension only if

    • (a) the surviving spouse was married to the member before the member as granted a pension for the injury or disease that resulted in the member’s death; 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 Minister is of the opinion that the member had, at the date of the marriage, a reasonable expectation of surviving for at least one year thereafter.

  • Marginal note:Cut-off date

    (2) No payment shall be made under this section from a date prior to that from which a pension is payable under section 56.

  • R.S., 1985, c. P-6, s. 51;
  • 1995, c. 18, s. 75;
  • 2000, c. 12, s. 237(F), c. 34, ss. 30, 43(E).
Marginal note:Pension to parent where dependent
  •  (1) In any case where a pension may be awarded under section 21 in respect of the death of a member of the forces, the parent or person in the place of the parent of the member is entitled to a pension at a rate not exceeding the rate provided in Schedule II if

    • (a) the member died without leaving any survivor, former spouse or former common-law partner who is entitled to a pension, or a person awarded a pension under section 46; and

    • (b) the parent or person in the place of the parent is in a dependent condition and was, at the time of the death of the member, wholly or to a substantial extent maintained by the member.

  • Marginal note:Pension to parent

    (2) Where a member of the forces has died leaving a survivor, former spouse or former common-law partner who is entitled to a pension or a person awarded a pension under section 46, in addition to a parent or person in the place of a parent who, prior to the enlistment of the member or during the member’s service, was wholly or to a substantial extent maintained by the member, the Minister may

    • (a) award to that parent or person a pension at a rate not exceeding the rate provided in Schedule II; or

    • (b) in any case where, after the death of the member, the pension to the survivor, former spouse or former common-law partner who is entitled to a pension or the person awarded a pension under section 46 has been discontinued, award to that parent or person a pension not exceeding the pension that might have been awarded to that parent or person if the member had died without leaving any survivor, former spouse or former common-law partner entitled to a pension or a person awarded a pension under section 46.

  • Marginal note:Pension to parent or person becoming mentally or physically incapacitated

    (3) When a parent or person in the place of a parent who was not wholly or to a substantial extent maintained by the member of the forces at the time of the member’s death subsequently falls into a dependent condition, the parent or person may be awarded a pension, if the parent or person is incapacitated by mental or physical infirmity from earning a livelihood and in the opinion of the Minister the member of the forces would have wholly or to a substantial extent maintained the parent or person had the member not died.

  • Marginal note:Dependent parents

    (4) In cases where a member of the forces has died leaving more than one parent or person in the place of a parent who were wholly or to a substantial extent maintained by the member, the rate of pension for one parent or person may be increased by an additional amount not exceeding the rate provided in Schedule II and the total pension may be apportioned between the parents or between the parent and the person.

  • Marginal note:Subject to review

    (5) The pension to any parent or person in the place of a parent is subject to review from time to time and shall be continued, increased, decreased or discontinued in accordance with the amount deemed necessary by the Minister to provide a maintenance for the parent or person.

  • Marginal note:Each child assumed to be supporting parents

    (6) When a parent or person in the place of a parent has children residing with the parent or person who should, in the opinion of the Minister, be earning an amount sufficient to permit them to contribute to the support of the parent or person, each child shall be deemed to be contributing not less than ten dollars a month toward that support.

  • (7) [Repealed, 2000, c. 12, s. 223]

  • R.S., 1985, c. P-6, s. 52;
  • 1990, c. 43, s. 22;
  • 1995, c. 18, ss. 66, 75;
  • 2000, c. 12, s. 223, c. 34, s. 43(E).
 
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