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Pension Act

Version of section 3 from 2003-06-19 to 2006-03-31:


Marginal note:Definitions

  •  (1) In this Act,

    appearance of the injury or disease

    appearance of the injury or disease[Repealed, 1990, c. 43, s. 3]

    applicant

    demandeur

    applicant means a person who has applied for an award or for an increase in an award; (demandeur)

    application

    demande

    application means an application for an award; (demande)

    award

    compensation

    award means a pension, compensation, an allowance or a bonus payable under this Act; (compensation)

    Bureau

    Bureau[Repealed, 1995, c. 18, s. 46]

    Canadian Forces

    Forces canadiennes

    Canadian Forces means the armed forces referred to in section 14 of the National Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland; (Forces canadiennes)

    Chief Pensions Advocate

    Chief Pensions Advocate[Repealed, 1995, c. 18, s. 46]

    child

    enfant

    child, in relation to a member of the forces or a prisoner of war, includes

    • (a) an adopted child or foster child of that member or prisoner, and

    • (b) a child, adopted child or foster child of the spouse or common-law partner of that member or prisoner; (enfant)

    Commission

    Commission[Repealed, 1995, c. 18, s. 46]

    commissioner

    commissioner[Repealed, 1995, c. 18, s. 46]

    common-law partner

    conjoint de fait

    common-law partner, in relation to an individual, means a person who is cohabiting with the individual at the relevant time in a conjugal relationship, having so cohabited for a period of at least one year. For greater certainty,

    • (a) in the case of an individual’s death, the “relevant time” means the time of that death; and

    • (b) common-law partners cease to be common-law partners when they cease to cohabit. (conjoint de fait)

    compensation

    indemnité

    compensation means compensation payable under this Act on account of time spent by a former prisoner of war in enemy captivity or in evading or escaping from enemy captivity; (indemnité)

    Department

    ministère

    Department means the Department of Veterans Affairs; (ministère)

    dependent condition

    état de dépendance

    dependent condition, with respect to a person, means the condition of being without sufficient income or assets, other than the premises in which the person resides, to maintain that person; (état de dépendance)

    died or death

    décédé ou décès

    died or death includes death presumed for official purposes; (décédé ou décès)

    disability

    invalidité

    disability means the loss or lessening of the power to will and to do any normal mental or physical act; (invalidité)

    Entitlement Board

    Entitlement Board[Repealed, 1995, c. 18, s. 46]

    Examiner

    Examiner[Repealed, 1995, c. 18, s. 46]

    improper conduct

    mauvaise conduite

    improper conduct includes wilful disobedience of orders, wilful self-inflicted wounding and vicious or criminal conduct; (mauvaise conduite)

    Korean War

    guerre de Corée

    Korean War means the military operations undertaken by the United Nations to restore peace in the Republic of Korea, and the period denoted by the term Korean War is the period from June 25, 1950 to July 27, 1953, inclusive; (guerre de Corée)

    member of the forces

    membre des forces

    member of the forces means

    • (a) a person who has served in the Canadian Forces at any time since the commencement of World War I, and

    • (b) a Canadian merchant mariner of World War I, World War II or the Korean War, as described in section 21.1; (membre des forces)

    military service or service

    service militaire ou service

    military service or service means service as a member of the forces; (service militaire ou service)

    Minister

    ministre

    Minister means the Minister of Veterans Affairs or such other Minister as is designated by the Governor in Council; (ministre)

    pension

    pension

    pension means a pension payable under this Act on account of the death or disability of a member of the forces, including a final payment referred to in Schedule I; (pension)

    Pension Review Board

    Pension Review Board[Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 21]

    pensioner

    pensionné

    pensioner means a person who has been awarded a pension; (pensionné)

    personal information

    renseignements personnels

    personal information has the same meaning as in section 3 of the Privacy Act; (renseignements personnels)

    prisoner of war

    prisonnier de guerre

    prisoner of war has the meaning assigned to that expression by section 71.1; (prisonnier de guerre)

    service in a special duty area

    service in a special duty area [Repealed, 2003, c. 12, s. 1]

    service in a theatre of actual war

    service sur un théâtre réel de guerre

    service in a theatre of actual war means

    • (a) any service as a member of the army or air force of Canada in the period commencing August 14, 1914 and ending November 11, 1918 in the zone of the allied armies on the continent of Europe, Asia or Africa, or in any other place at which the member has sustained injury or contracted disease directly by a hostile act of the enemy,

    • (b) any service as a member of the naval forces or merchant navy of Canada in the period described in paragraph (a) on the high seas or wherever contact has been made with hostile forces of the enemy, or in any other place at which the member has sustained injury or contracted disease directly by a hostile act of the enemy, and

    • (c) any service as a member of the forces in the period commencing September 1, 1939 and ending

      • (i) May 9, 1945, where the service was in any place outside Canada, and

      • (ii) August 15, 1945, where the service was in the Pacific Ocean or Asia,

      or in any place in Canada at which the member has sustained injury or contracted disease directly by a hostile act of the enemy; (service sur un théâtre réel de guerre)

    service in the Korean War

    service accompli pendant la guerre de Corée

    service in the Korean War means

    • (a) in the case of a member of the Canadian Forces, any service from the day of the member’s departure from Canada or the United States, including Alaska, to participate in the Korean War, until the earliest of

      • (i) the day on which the member next returned to Canada or the United States, including Alaska,

      • (ii) the day on which the member was next posted to a unit that was not participating in the Korean War,

      • (iii) the day on which the unit with which the member was serving, having ceased to participate in the Korean War, arrived at the place to which it had been next assigned, and

      • (iv) October 31, 1953, and

    • (b) in the case of a Canadian merchant mariner of the Korean War as described in subsection 21.1(5), any service during a period described in paragraph 21.1(2)(b); (service accompli pendant la guerre de Corée)

    special duty service

    service spécial

    special duty service means service as a member of the Canadian Forces in a special duty area designated under section 91.2, or as a member of the Canadian Forces as part of a special duty operation designated under section 91.3, during the period in which that designation is in effect, and includes

    • (a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place,

    • (b) travel to and from the area, the operation, or the location of training referred to in paragraph (a), and

    • (c) authorized leave of absence with pay during that service, wherever that leave is taken,

    if that training, travel or leave occurred on a day, not earlier than September 11, 2001, that is in the period during which that designation is in effect; (service spécial)

    special force

    contingent spécial

    special force means the Canadian Army Special Force that was constituted for the purposes of the Korean War; (contingent spécial)

    surviving common-law partner

    conjoint de fait survivant

    surviving common-law partner, in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a former common-law partner of that individual; (conjoint de fait survivant)

    surviving spouse

    époux survivant

    surviving spouse, in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual’s death, was a former spouse of that individual; (époux survivant)

    survivor

    survivant

    survivor, in relation to an individual, means the surviving spouse or surviving common-law partner of that individual; (survivant)

    treatment allowance

    treatment allowance[Repealed, 2000, c. 34, s. 20]

    Veterans Review and Appeal Board

    Tribunal

    Veterans Review and Appeal Board means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act; (Tribunal)

    widowed mother

    widowed mother[Repealed, 2000, c. 12, s. 211]

    World War I

    Première Guerre mondiale

    World War I means the war waged by the German Emperor and His Allies against His Majesty and His Majesty’s Allies, and the period denoted by the term World War I is the period between August 4, 1914 and August 31, 1921, both dates inclusive; (Première Guerre mondiale)

    World War II

    Seconde Guerre mondiale

    World War II means the war waged by His Majesty and His Majesty’s Allies against Germany and Germany’s Allies, and the period denoted by the term World War II is the period between September 1, 1939 and April 1, 1947, both dates inclusive. (Seconde Guerre mondiale)

  • Marginal note:Persons deemed members of forces

    (2) A British subject resident and domiciled in Newfoundland at the time of enlistment who served in the naval, army or air forces of His Majesty or in any of the naval, army or air forces of the countries allied with His Majesty during World War II shall be deemed to be a member of the forces for the purposes of section 21 if the disability or death in respect of which the application is made is not otherwise pensionable under that section or sections 64 to 66.

  • Marginal note:Couples deemed to be living together

    (3) A member of the forces and the member’s spouse or common-law partner or survivor shall be deemed to be or to have been living together for the purposes of this Act where it is established that the member and the spouse or common-law partner are not, or the member and the survivor were not, living together by reason only of injury or disease, circumstances of a temporary nature or other circumstances not attributable to the member or the spouse or common-law partner or survivor.

  • R.S., 1985, c. P-6, s. 3
  • R.S., 1985, c. 16 (1st Supp.), s. 1, c. 20 (3rd Supp.), s. 21, c. 37 (3rd Supp.), s. 2
  • 1990, c. 43, s. 3
  • 1995, c. 18, s. 46
  • 1999, c. 10, s. 4
  • 2000, c. 12, ss. 211, 236, 238, c. 34, ss. 20, 43(E), 94(F)
  • 2003, c. 12, s. 1

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