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Pension Act (R.S.C., 1985, c. P-6)

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Act current to 2019-12-03 and last amended on 2019-07-15. Previous Versions

PART IIIPensions (continued)

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

Marginal note:Persons who served in British forces or merchant navy in World War II

  •  (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 the United Kingdom,

    • (a) shall be conferred on all persons domiciled in Canada at any time during the four years immediately preceding the date of commencement of World War II who, subsequent to September 1, 1939, served in the naval, army or air forces or the merchant navy of the United Kingdom 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 the United Kingdom, or

    • (b) may be conferred on all persons domiciled in Canada at any time during the four years immediately preceding the date of commencement of World War II who, subsequent to September 1, 1939, served in the naval, army or air forces or the merchant navy of the United Kingdom 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 the United Kingdom, 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 the United Kingdom.

  • 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. 65
  • 1995, c. 18, s. 71
  • 1999, c. 10, s. 12
  • 2000, c. 12, s. 238

Marginal note:Persons who served in allied forces or merchant navies in World War II

  •  (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 and regulations of members of the Commonwealth, other than Canada and the United Kingdom, or under the laws and regulations of the several countries allied with His Majesty,

    • (a) shall be conferred on all persons domiciled in Canada at the date of commencement of World War II 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 at the date of commencement of World War II 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. 66
  • 1995, c. 18, s. 72
  • 1999, c. 10, s. 13
  • 2000, c. 12, s. 238

Marginal note:Newfoundland domicile

 For the purposes of sections 64, 65 and 66, domicile in Newfoundland shall be deemed to be domicile in Canada.

  • R.S., c. 22 (2nd Supp.), s. 26

Marginal note:Maximum award from other country

  •  (1) In the consideration of any claim or the authorization of an award under section 64, 65 or 66, the Minister shall require the applicant or pensioner to take all or any steps to claim payment or additional payment under the laws or regulations of the several countries by authority of which the original grant of pension was made, or under the terms of any agreement that may have been or may hereafter be made with any of the countries concerned.

  • Marginal note:Sections 64 and 66 may be extended to minors

    (2) The benefits of sections 64 and 66 may be conferred on persons who, although not domiciled in Canada, were on the date of commencement of World War I or World War II, as the case may be, minors resident in Canada and who are in all other respects qualified for the benefits of those sections.

  • Marginal note:Non-Canadian merchant navy service

    (3) For the purposes of sections 64 to 66, service shall be recognized as service in the merchant navy of a country only if the service is reasonably similar, or analogous, to a form of service described in subsection 21.1(3) or (4).

  • Marginal note:Service on allied ship

    (4) For the purposes of sections 64 and 66, service on board an allied ship, as defined in subsection 37(7.1) of the War Veterans Allowance Act, shall be recognized as service in the merchant navy of a country allied with His Majesty whether or not, at the time of the service, the country in which the ship was registered was allied with His Majesty.

  • R.S., 1985, c. P-6, s. 68
  • 1995, c. 18, ss. 75, 76(F)
  • 1999, c. 10, s. 14

Marginal note:South African War pensions

  •  (1) Where a pension is being paid by the government of the United Kingdom in respect of the death or disability during the South African War of a member of a Canadian contingent that served in that War, an additional pension in an amount equal to the difference between that pension and the pension that would have been awarded to or in respect of that member under this Act had that member died or been disabled in the military service of Canada shall be paid to or in respect of that member.

  • Marginal note:Survivor of South African War pensioner

    (2) The survivor of a member described in subsection (1) is entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided to that survivor by the government of the United Kingdom.

  • R.S., 1985, c. P-6, s. 69
  • 2000, c. 12, s. 226
 
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