P-6

An Act to provide pensions and other benefits to or in respect of members of the Canadian naval, army and air forces and of the Canadian Forces

1. This Act may be cited as the Pension Act.

R.S., c. P-7, s. 1.

2. The provisions of this Act shall be liberally construed and interpreted to the end that the recognized obligation of the people and Government of Canada to provide compensation to those members of the forces who have been disabled or have died as a result of military service, and to their dependants, may be fulfilled.

R.S., c. 22(2nd Supp.), s. 1.

3. (1) In this Act,

“appearance of the injury or disease”[Repealed, 1990, c. 43, s. 3]

“applicant” means a person who has applied for an award or for an increase in an award;

“application” means an application for an award;

“award” means a pension, compensation, an allowance or a bonus payable under this Act;

“Bureau”[Repealed, 1995, c. 18, s. 46]

“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;

“Chief Pensions Advocate”[Repealed, 1995, c. 18, s. 46]

“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;

“Commission”[Repealed, 1995, c. 18, s. 46]

“commissioner”[Repealed, 1995, c. 18, s. 46]

“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.

“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;

“Department” means the Department of Veterans Affairs;

“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;

“died” or “death” includes death presumed for official purposes;

“disability” means the loss or lessening of the power to will and to do any normal mental or physical act;

“Entitlement Board”[Repealed, 1995, c. 18, s. 46]

“Examiner”[Repealed, 1995, c. 18, s. 46]

“improper conduct” includes wilful disobedience of orders, wilful self-inflicted wounding and vicious or criminal conduct;

“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;

“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;

“military service” or “service” means service as a member of the forces;

“Minister” means the Minister of Veterans Affairs or such other Minister as is designated by the Governor in Council;

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 Review Board”[Repealed, R.S., 1985, c. 20 (3rd Supp.), s. 21]

“pensioner” means a person who has been awarded a pension;

“personal information” has the same meaning as in section 3 of the Privacy Act;

“prisoner of war” has the meaning assigned to that expression by section 71.1;

“service in a special duty area” [Repealed, 2003, c. 12, s. 1]

“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 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);

“special duty service” has the same meaning as in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act;

“special force” means the Canadian Army Special Force that was constituted for the purposes of the Korean War;

“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;

“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;

“survivor”, in relation to an individual, means the surviving spouse or surviving common-law partner of that individual;

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

“Veterans Review and Appeal Board” means the Veterans Review and Appeal Board established by section 4 of the Veterans Review and Appeal Board Act;

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

“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;

“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.

(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.

(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, c. 27, s. 7(F); 2005, c. 21, s. 105.

3.1 (1) Despite any other provision of this Act, no award is payable under this Act in respect of any application made by or in respect of a member of the forces after the coming into force of section 42 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act unless

(a) the application is in respect of a disability for which a pension has been granted or is an application under section 36 in respect of such a disability;

(b) the application is in respect of the death of a member of the forces, if the death occurred before the coming into force of section 42 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act or is the result of an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted;

(c) the application is in respect of an injury or a disease that was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947, or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an injury or a disease;

(d) the application is in respect of an aggravation of an injury or disease, if the aggravation was attributable to or was incurred during, or arose out of or was directly connected to, service in the Canadian Forces on or before April 1, 1947 or was attributable to or was incurred during service in the Korean War or is an application under subsection 21(5) in respect of such an aggravation;

(e) the Minister has determined under the Canadian Forces Members and Veterans Re-establishment and Compensation Act that the injury or disease, or the aggravation of the injury or disease, for which the application is made is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted; or

(f) the application is made under section 38 by a pensioner.

(2) Subsection (1) does not apply in respect of an application for compensation made under Part III.1 if the application relates to a period spent as a prisoner of war that began before the coming into force of section 64 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

2005, c. 21, s. 106.

4. Male and female members of the forces under this Act enjoy equality of status and equal rights and obligations under this Act.

1974-75-76, c. 66, s. 11.

5. (1) Subject to this Act and any other Act of Parliament and to the regulations made under this or any other Act of Parliament, the Minister has full power to decide on all matters and questions relating to the award, increase, decrease, suspension or cancellation of any pension or other payment under this Act and to the recovery of any overpayment that may have been made.

(2) The Governor in Council may, by order, confer on the Minister duties like those under subsection (1) in respect of pensions or other payments authorized by any other Act of Parliament or by the Governor in Council.

(3) In making a decision under this Act, the Minister shall

(a) draw from all the circumstances of the case and all the evidence presented to the Minister every reasonable inference in favour of the applicant or pensioner;

(b) accept any uncontradicted evidence presented to the Minister by the applicant or pensioner that the Minister considers to be credible in the circumstances; and

(c) resolve in favour of the applicant or pensioner any doubt, in the weighing of evidence, as to whether the applicant or pensioner has established a case.

(4) Decisions of the Minister shall be made as informally and expeditiously as the circumstances and considerations of fairness permit.

R.S., 1985, c. P-6, s. 5; R.S., 1985, c. 37 (3rd Supp.), s. 3; 1995, c. 18, s. 47.

6. The Minister may accept and administer any property and moneys conveyed to the Minister in trust for the benefit of pensioners, their dependants or any other persons on such terms and conditions as are set out in the terms of the conveyance or, if no conditions are set out, on such terms and conditions as the Minister deems reasonable for the purposes of the trust.

R.S., 1985, c. P-6, s. 6; R.S., 1985, c. 37 (3rd Supp.), s. 3; 1995, c. 18, s. 47.

7. to 14. [Repealed, 1995, c. 18, s. 47]

15. (1) [Repealed, 1990, c. 43, s. 5]

(2) and (3) [Repealed, 1995, c. 18, s. 47]

16. [Repealed, 1990, c. 43, s. 6]

17. to 20. [Repealed, 1995, c. 18, s. 47]