Pension Act (R.S.C., 1985, c. P-6)

Act current to 2017-11-20 and last amended on 2017-06-22. Previous Versions

Marginal note:Pension to brother or sister where dependent
  •  (1) In any case where pension may be awarded under section 21 in respect of the death of a member of the forces, the brother or sister of the member is entitled to a pension if

    • (a) the member died without leaving a child, 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 brother or sister 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:If brother or sister is or becomes an orphan

    (2) If a brother or sister of a member of the forces is in a dependent condition and is an orphan, or subsequently becomes an orphan by the death of a parent or parents, the brother or sister is entitled to a pension not in excess of the amount provided in Schedule II for orphan children.

  • Marginal note:Age limit

    (3) No pension shall be paid to or in respect of a person who is a brother or sister of a member of the forces and has attained the age of eighteen years.

  • (4) [Repealed, 1989, c. 6, s. 31]

  • Marginal note:Exception for incapacity

    (5) Where a person is a brother or sister of a member of the forces, has attained the age of eighteen years, is in a dependent condition and was wholly or to a substantial extent maintained by that member at the time of the member’s death, that person may be awarded a pension not in excess of the amount provided in Schedule II for orphan children while that person is incapacitated by mental or physical infirmity from earning a livelihood.

  • Marginal note:Subject to review

    (6) The pension to a brother or sister of a member of the forces is subject to review from time to time and shall be continued, increased, decreased or discontinued in accordance with the amount necessary to provide a maintenance for the brother or sister, but in no case shall the pension exceed the amount of pension provided for brothers and sisters in Schedule II or, in the case of orphan brothers and sisters, the amount of pension provided in Schedule II for orphan children.

  • R.S., 1985, c. P-6, s. 53;
  • R.S., 1985, c. 37 (3rd Supp.), s. 10(E);
  • 1989, c. 6, s. 31;
  • 1995, c. 18, s. 67;
  • 2000, c. 12, s. 224.
Marginal note:One pension only
  •  (1) No person shall be awarded more than one pension in respect of death.

  • Marginal note:Exceptions

    (2) Except when children are awarded pensions, parents are awarded a pension jointly, brothers or sisters are awarded pensions or a pension is divided among several applicants, not more than one pension shall be awarded in respect of the death of any one member of the forces.

  • R.S., 1985, c. P-6, s. 54;
  • 1995, c. 18, s. 76(F);
  • 2000, c. 12, s. 225(F).
Marginal note:Apportionment of pension
  •  (1) The Minister may apportion a pension among several pensionable applicants and any such apportionment may from time to time be reviewed and varied.

  • Marginal note:Varying apportionment

    (2) On the discontinuance or reduction of a pension to one of the pensioners referred to in subsection (1), the pension awarded to any other such pensioner may be continued or increased if the total pension paid to the several pensioners does not exceed the amount prescribed in the schedules or determined pursuant to subsection 45(3), whichever amount is applicable.

  • R.S., 1985, c. P-6, s. 55;
  • 1995, c. 18, s. 68.
Marginal note:Date from which death pension payable
  •  (1) Pensions awarded with respect to the death of a member of the forces shall be payable with effect as follows:

    • (a) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, if an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person or that person is awarded a pension under paragraph 21(1)(b) or (2)(b),

      • (i) where a pension is awarded on a date less than three years after the date of death, from the day following the date of death, or

      • (ii) where a pension is awarded on a date three years or more after the date of death, from a date three years prior thereto;

    • (a.1) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, if no additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person or that person is awarded a pension under section 48, from the later of

      • (i) the day on which application for the pension was first made, and

      • (ii) a day three years prior to the day on which the pension was awarded with respect to the death of the member;

    • (a.2) [Repealed, 2000, c. 34, s. 31]

    • (b) to a parent or person in place of a parent who was not wholly or to a substantial extent maintained by the member at the time of the member’s death, from a day to be fixed in each case by the Minister; and

    • (c) in respect of a posthumous child of the member, from the date of the child’s birth.

  • Marginal note:Date from which increase in death pension payable

    (1.1) Where a pension has been awarded with respect to the death of a member of the forces, an increase in that pension awarded under section 49 shall be payable with effect as follows:

    • (a) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, whether or not an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person, the later of

      • (i) the day on which application for the increase was first made, and

      • (ii) a day three years prior to the day on which the increase was awarded; and

    • (b) to a parent or person in place of a parent who was not wholly or to a substantial extent maintained by the member at the time of the member’s death, from a day to be fixed in each case by the Minister.

  • Marginal note:Additional award

    (2) Notwithstanding subsections (1) and (1.1), where a pension is awarded with respect to the death of a member of the forces, or an increase to that pension is awarded, and the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act, the Veterans Review and Appeal Board is of the opinion that the pension or the increase, as the case may be, should be awarded from a day earlier than the day prescribed by subsection (1) or (1.1) by reason of delays in securing service or other records or other administrative difficulties beyond the control of the applicant, the Minister or Veterans Review and Appeal Board may make an additional award to the pensioner in an amount not exceeding an amount equal to two years pension or two years increase in pension, as the case may be.

  • R.S., 1985, c. P-6, s. 56;
  • R.S., 1985, c. 20 (3rd Supp.), s. 28;
  • 1995, c. 18, ss. 69, 75;
  • 1999, c. 10, s. 9;
  • 2000, c. 12, ss. 238, 239(E), c. 34, s. 31.
Marginal note:Payments to surviving spouse or child pending consideration of claim

 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.

  • R.S., 1985, c. P-6, s. 57;
  • 2000, c. 12, s. 237(F), c. 34, s. 43(E).

 [Repealed, 1989, c. 6, s. 32]

Marginal note:Recovery of lump sum pursuant to repealed provision

 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.

  • 1989, c. 6, s. 32;
  • 1995, c. 18, s. 75.

 [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
  •  (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.

  • R.S., 1985, c. P-6, s. 64;
  • 1995, c. 18, s. 70;
  • 1999, c. 10, s. 11;
  • 2000, c. 12, s. 238.
 
Date modified: