Pension Act (R.S.C., 1985, c. P-6)

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Act current to 2019-06-06 and last amended on 2019-04-01. Previous Versions

PART IIIPensions (continued)

Supplementary Pensions in Respect of Members of Allied Forces and Merchant Navies (continued)

Marginal note:Northwest Rebellion pensions to be continued

 Any pension that was being paid on March 1, 1961 to or in respect of members of the forces that served in the Northwest Rebellion shall continue to be paid at the rates set out in Schedules I and II.

  • R.S., c. P-7, s. 53

Marginal note:Increase of certain pensions while recipients resident in Canada

 Pensions payable to or in respect of members of Canadian naval or army forces who were killed, had died or were disabled on active service, during drill or training or on other military duty prior to the outbreak of World War I, shall, during the continuance of the residence in Canada of the recipients of those pensions, be paid at the rates set out in Schedules I and II or determined pursuant to subsection 34(7) or 45(3), whichever rates are applicable.

  • R.S., c. P-7, s. 54
  • 1980-81-82-83, c. 19, s. 22

PART III.1Prisoners of War

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    basic pension

    basic pension means the monthly pension payable under Class 1 of Schedule I to a pensioner without a spouse, common-law partner or child; (pension de base)

    civilian

    civilian means

    • (a) a person described in section 9 or 16 of the Civilian War-related Benefits Act,

    • (b) a member of the Voluntary Aid Detachment, within the meaning assigned to that expression by section 43 of that Act,

    • (c) an Overseas Welfare Worker, within the meaning assigned to that expression by section 48 of that Act,

    • (d) a Civilian Member of Overseas Air Crew, within the meaning assigned to that expression by section 52 of that Act, or

    • (e) a person who during World War I was engaged in any activity equivalent to an activity engaged in by persons described in any of paragraphs (a) to (d) under the same basic conditions that applied to those persons; (civils)

    prisoner of war

    prisoner of war means a prisoner of war of Japan or a prisoner of war of another power; (prisonniers de guerre)

    prisoner of war of another power

    prisoner of war of another power means

    • (a) a person who during World War I or World War II

      • (i) served in the naval, army or air forces of Canada or Newfoundland,

      • (ii) served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty and who was domiciled in Canada or Newfoundland at the time of enlistment, or

      • (iii) was a civilian,

      and who was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power,

    • (b) a merchant navy veteran of World War I or World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act who, during World War I or World War II, as the case may be, was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power,

    • (c) a person who served in the naval, army or air forces of Canada during military operations subsequent to World War I or World War II and who, while so serving, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power, or

    • (d) a Canadian merchant navy veteran of the Korean War within the meaning of subsection 37(7.4) of the War Veterans Allowance Act who, during the period referred to in that subsection, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power; (prisonniers de guerre d’une autre puissance)

    prisoner of war of Japan

    prisoner of war of Japan means

    • (a) a person who served in the naval, army or air forces of Canada or Newfoundland during World War II,

    • (b) a person who served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty during World War II and who was domiciled in Canada or Newfoundland at the time of enlistment,

    • (c) a merchant navy veteran of World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act, or

    • (d) a civilian

    who, during World War II, was a prisoner of war of Japan or was engaged in evading capture by or in escaping from the Japanese. (prisonniers de guerre des Japonais)

  • Marginal note:Running of time period

    (2) For the purposes of this Part, a period spent as a prisoner of war is the period from the time a person became a prisoner of war or became separated from their unit in enemy or enemy-occupied territory to the time the person ceased to be in enemy or enemy-occupied territory, but does not include any period spent performing the duties of a special agent.

  • R.S., 1985, c. 37 (3rd Supp.), s. 12
  • 1992, c. 24, s. 13
  • 1999, c. 10, s. 15
  • 2000, c. 12, s. 227, c. 34, s. 43(E)

Compensation

Marginal note:Basic compensation

  •  (1) Subject to subsection (4), a prisoner of war is entitled, on application, to basic compensation equal to,

    • (a) in respect of any period spent as a prisoner of war of Japan,

      • (i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days,

      • (ii) 20% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 364 days, or

      • (iii) 50% of basic pension, where that person was such a prisoner for periods totalling at least 365 days; and

    • (b) in respect of any period spent as a prisoner of war of another power,

      • (i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days,

      • (ii) 10% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 545 days,

      • (iii) 15% of basic pension, where that person was such a prisoner for periods totalling at least 546 days but not more than 910 days,

      • (iv) 30% of basic pension, where that person was such a prisoner for periods totalling at least 911 days but not more than 1,275 days,

      • (v) 35% of basic pension, where that person was such a prisoner for periods totalling at least 1,276 days but not more than 1,641 days, or

      • (vi) 40% of basic pension, where that person was such a prisoner for periods totalling at least 1,642 days.

  • Marginal note:Additional compensation

    (2) Subject to subsection (4), a prisoner of war who has a spouse or common-law partner or any children is entitled, on application, to additional compensation in respect of the spouse or common-law partner or children at the rate set out in Schedule I corresponding to the percentage of the basic pension applicable to the prisoner of war under subsection (1).

  • Marginal note:Extension of additional compensation

    (3) Where a prisoner of war is in receipt of additional compensation under subsection (2) in respect of a spouse or common-law partner who is living with the prisoner of war and the spouse or common-law partner dies, except where compensation is payable to the prisoner of war under subsection 34(8), the additional compensation in respect of the spouse or common-law partner shall continue to be paid for a period of one year from the end of the month in which the spouse or common-law partner died or, if the prisoner of war remarries or marries, as the case may be, during that period, until the date of remarriage or marriage.

  • Marginal note:Application of Part III

    (4) In the determination of the entitlement of a prisoner of war to compensation, the applicable provisions of Part III, excluding subsections 38(4) to (8), apply, with any modifications that the circumstances require, as if a reference in those provisions to a member of the forces or a pensioner were a reference to a prisoner of war and as if a reference to a pension or a pension for disability were a reference to compensation.

  • R.S., 1985, c. 37 (3rd Supp.), s. 12
  • 2000, c. 12, ss. 228, 236, c. 34, s. 33
  • 2003, c. 27, s. 8
 
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