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Marginal note:Person considered to be the survivor

• 32 (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with an officer or former officer for at least one year immediately before the death of the officer or former officer, the person is considered to be the survivor of the officer or former officer.

• Marginal note:Person considered to be married

  (2) For the purposes of this Act, when an officer or former officer dies and, at the time of death, the officer or former officer was married to a person with whom he or she had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the officer or former officer on the day established as being the day on which the relationship began.

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Marginal note:Certificate of medical board

• 17 (1) Before a pension is granted to a militiaman who, after having served for less than twenty years, retires on the ground of his being incapacitated by infirmity of mind or body for the discharge of his duty, a medical board constituted in accordance with regulations made under the National Defence Act shall certify that such militiaman is so incapacitated and that the incapacity is likely to be permanent.

• Marginal note:Evidence required

  (2) Such militiaman shall thereafter when required and until the power under this Act of requiring the militiaman to serve again ceases, furnish satisfactory evidence, certified by a legally qualified medical practitioner, that such incapacity continues.

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Marginal note:Officers’ service reckoned

7 The following times may also be included in the term of service of an officer for the purposes of this Act:

• (a) half the time served in the Active Militia other than the force, if he has served at least ten years in the force; but the time to be credited to an officer under this paragraph for Active Militia service shall in no case exceed ten years, and if an officer’s pension is increased by reason of this paragraph, then, in addition to the deductions mentioned in this Act, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under the authority of this paragraph, such deduction to be equivalent to five per cent of the pay that the officer was receiving at the time of his retirement from the force;

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Marginal note:Service as militiaman reckoned

4 Subject to the provisions of this Act in respect to the yearly deduction from a pension of five per cent upon average pay if a person who has served as a non-commissioned officer or private becomes an officer, the time that he has served as such non-commissioned officer or private may be included in his term of service for the purposes of this Act.

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Marginal note:Definitions

• 2 (1) In this Act

  rank

  rank  means substantive rank or appointment, but does not include brevet, honorary, local or temporary rank, except in the case of temporary brigadier-generals; and non-combatant officers, such as quartermasters, commissaries of ordnance, and others who have honorary rank, shall, for the purposes of this Act, be considered to have substantive rank corresponding to their honorary rank; (grade)

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