21. (1) In respect of service rendered during World War I, service rendered during World War II other than in the non-permanent active militia or the reserve army, service in the Korean War, service as a member of the special force, and special duty service,

(a) where a member of the forces suffers disability resulting from an injury or disease or an aggravation thereof that was attributable to or was incurred during such military service, a pension shall, on application, be awarded to or in respect of the member in accordance with the rates for basic and additional pension set out in Schedule I;

(b) where a member of the forces dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during such military service, a pension shall be awarded in respect of the member in accordance with the rates set out in Schedule II;

(c) no deduction shall be made from the degree of actual disability of a member of the forces who has rendered service in a theatre of actual war, service in the Korean War or special duty service on account of a disability or disabling condition that existed in the member before the member’s period of service in World War I or World War II, service in the Korean War or special duty service, as the case may be, except

(i) to the extent that the member is receiving a pension for that disability or disabling condition, or

(ii) to the extent that that disability or disabling condition was obvious or was recorded on medical examination prior to enlistment;

(d) an applicant shall not be denied a pension in respect of disability resulting from injury or disease or aggravation thereof incurred during military service or in respect of the death of a member of the forces resulting from that injury or disease or the aggravation thereof solely on the grounds that no substantial disability or disabling condition is considered to have existed at the time of discharge of that member;

(e) where a member of the forces who has seen service during World War I or World War II is, on retirement or discharge from that service, passed directly to the Department for treatment, a pension shall be paid to or in respect of the member for disability or death incurred by the member during treatment;

(f) no pension shall be paid for disability or death incurred by a member of the forces,

(i) while on leave of absence without pay,

(ii) during a period of absence without leave for which the pay of the member was stopped, or

(iii) when the member of the forces has, during leave of absence with pay, undertaken an occupation that is unconnected with military service,

unless the disability or death was attributable to that military service;

(g) where

(i) a pension for disability has been awarded to a member of the forces in respect of service in a theatre of actual war, service in the Korean War or special duty service, and

(ii) the member’s degree of actual disability in respect of any of that service subsequently changes,

the pension shall, regardless of the cause of the change, be increased, decreased or discontinued, as the case requires, to reflect the new degree of actual disability in respect of that service, except that, if a member is receiving a pension in respect of more than one type of service referred to in subparagraph (i), the total pension payable by virtue of this subsection may not exceed the amount of pension for the total actual disability arising from all the service referred to in that subparagraph;

(h) where a member of the forces is in receipt of an additional pension under paragraph (a), subsection (5) or section 36 in respect of a spouse or common-law partner who is living with the member and the spouse or common-law partner dies, except where an award is payable under subsection 34(8), the additional pension 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 an additional pension in respect of another spouse or common-law partner is awarded to the member commencing during that period, until the date that it so commences; and

(i) where, in respect of a survivor who was living with the member of the forces at the time of the member’s death,

(i) the pension payable under paragraph (b)

is less than

(ii) the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member under paragraph (a), subsection (5) or section 36 at the time of the member’s death,

a pension equal to the amount described in subparagraph (ii) shall be paid to the survivor in lieu of the pension payable under paragraph (b) for a period of one year commencing on the effective date of award as provided in section 56 (except that the words “from the day following the date of death” in subparagraph 56(1)(a)(i) shall be read as “from the first day of the month following the month of the member’s death”), and thereafter a pension shall be paid to the survivor in accordance with the rates set out in Schedule II.

(2) In respect of military service rendered in the non-permanent active militia or in the reserve army during World War II and in respect of military service in peace time,

(a) where a member of the forces suffers disability resulting from an injury or disease or an aggravation thereof that arose out of or was directly connected with such military service, a pension shall, on application, be awarded to or in respect of the member in accordance with the rates for basic and additional pension set out in Schedule I;

(b) where a member of the forces dies as a result of an injury or disease or an aggravation thereof that arose out of or was directly connected with such military service, a pension shall be awarded in respect of the member in accordance with the rates set out in Schedule II;

(c) where a member of the forces is in receipt of an additional pension under paragraph (a), subsection (5) or section 36 in respect of a spouse or common-law partner who is living with the member and the spouse or common-law partner dies, except where an award is payable under subsection 34(8), the additional pension 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 an additional pension in respect of another spouse or common-law partner is awarded to the member commencing during that period, until the date that it so commences; and

(d) where, in respect of a survivor who was living with the member of the forces at the time of that member’s death,

(i) the pension payable under paragraph (b)

is less than

(ii) the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member under paragraph (a), subsection (5) or section 36 at the time of the member’s death,

a pension equal to the amount described in subparagraph (ii) shall be paid to the survivor in lieu of the pension payable under paragraph (b) for a period of one year commencing on the effective date of award as provided in section 56 (except that the words “from the day following the date of death” in subparagraph 56(1)(a)(i) shall be read as “from the first day of the month following the month of the member’s death”), and thereafter a pension shall be paid to the survivor in accordance with the rates set out in Schedule II.

(2.1) Where a pension is awarded in respect of a disability resulting from the aggravation of an injury or disease, only that fraction of the total disability, measured in fifths, that represents the extent to which the injury or disease was aggravated is pensionable.

(2.2) [Repealed, 1990, c. 43, s. 8]

(2.3) For the purposes of subsection 55(1), a person who

(a) is the survivor of a member of the forces, or

(b) is a former spouse or a former common-law partner of a member of the forces who has died

is a pensionable applicant in relation to paragraph (1)(i) or (2)(d) if the person meets one of the requirements set out in subsection 45(1), even though the person was not living with the member of the forces at the time of the member’s death.

(3) For the purposes of subsection (2), an injury or disease, or the aggravation of an injury or disease, shall be presumed, in the absence of evidence to the contrary, to have arisen out of or to have been directly connected with military service of the kind described in that subsection if the injury or disease or the aggravation thereof was incurred in the course of

(a) any physical training or any sports activity in which the member was participating that was authorized or organized by a military authority, or performed in the interests of the service although not authorized or organized by a military authority;

(b) any activity incidental to or directly connected with an activity described in paragraph (a), including the transportation of the member by any means between the place the member normally performed duties and the place of that activity;

(c) the transportation of the member, in the course of duties, in a military vessel, vehicle or aircraft or by any means of transportation authorized by a military authority, or any act done or action taken by the member or any other person that was incidental to or directly connected with that transportation;

(d) the transportation of the member while on authorized leave by any means authorized by a military authority, other than public transportation, between the place the member normally performed duties and the place at which the member was to take leave or a place at which public transportation was available;

(e) service in an area in which the prevalence of the disease contracted by the member, or that aggravated an existing disease or injury of the member, constituted a health hazard to persons in that area;

(f) any military operation, training or administration, either as a result of a specific order or established military custom or practice, whether or not failure to perform the act that resulted in the disease or injury or aggravation thereof would have resulted in disciplinary action against the member; and

(g) the performance by the member of any duties that exposed the member to an environmental hazard that might reasonably have caused the disease or injury or the aggravation thereof.

(4) [Repealed, 2000, c. 34, s. 21]

(5) In addition to any pension awarded under subsection (1) or (2), a member of the forces who

(a) is eligible for a pension under paragraph (1)(a) or (2)(a) or this subsection in respect of an injury or disease or an aggravation thereof, or has suffered an injury or disease or an aggravation thereof that would be pensionable under that provision if it had resulted in a disability, and

(b) is suffering an additional disability that is in whole or in part a consequence of the injury or disease or the aggravation referred to in paragraph (a)

shall, on application, be awarded a pension in accordance with the rates for basic and additional pension set out in Schedule I in respect of that part of the additional disability that is a consequence of that injury or disease or aggravation thereof.

(6) A pension shall not be denied to a member of the forces under subsection (5) on the ground that, having regard to the disability for which the member was already receiving a pension, the member took part in any activities or went any place that the member ought to have known would cause the consequential disability.

(7) Where spouses or common-law partners are residing together and both are pensioners or members of the forces to whom pensions have been or may be awarded under this section,

(a) each spouse or common-law partner shall be awarded the pension that he or she would be awarded if they were not spouses or common-law partners;

(b) the additional pension for a spouse or common-law partner shall be paid in respect of each of the spouses or common-law partners, at the rate applicable to that spouse’s or common-law partner’s rate of pension; and

(c) if the spouses or common-law partners have children in respect of whom a pension may be paid under this Act, the additional pension that may be paid under this Act in respect of the children may be paid to one but not both of the spouses or common-law partners,

(i) if the pensions of the spouses or common-law partners are payable at the same rate, at that rate, and

(ii) if the pensions of the spouses or common-law partners are payable at different rates, at the rate for the member of the forces whose pension is payable at the higher rate.

(8) The Minister may require a pensioner to submit, at such times and in such form as may be prescribed by the Minister, a statutory or other declaration stating

(a) that the pensioner is the person to whom the pension is payable,

(b) that any person in respect of whom the pensioner is in receipt of an additional pension is living,

(c) in any case where maintenance is relevant to the payment of pension, that the pensioner is maintaining or, where appropriate, is being maintained by the person in respect of whom the pensioner is in receipt of an additional pension, and

(d) whether an amount has been paid to or in respect of the pensioner or a deceased member of the forces that would require the Minister to reduce the pension under sections 25 and 26 and, if so, the particulars of the amount and the name of the person or body that paid it,

and, if the pensioner refuses or neglects to submit the statutory or other declaration, the Minister may suspend future payments of pension until it is received.

(9) Subject to subsection (10), where a disability or disabling condition of a member of the forces in respect of which the member has applied for an award was not obvious at the time he or she became a member and was not recorded on medical examination prior to enlistment, that member shall be presumed to have been in the medical condition found on his or her enlistment medical examination unless there is

(a) recorded evidence that the disability or disabling condition was diagnosed within three months after the enlistment of the member; or

(b) medical evidence that establishes beyond a reasonable doubt that the disability or disabling condition existed prior to the enlistment of the member.

(10) Information given by a member of the forces at the time of the enlistment of the member with respect to a disability or disabling condition is not evidence that the disability or disabling condition existed prior to the enlistment of the member unless there is corroborating evidence that establishes beyond a reasonable doubt that the disability or disabling condition existed prior to the time the member became a member of the forces.

(11) [Repealed, 1990, c. 43, s. 8]

(12) For the purposes of this section,

“obvious”, when used with reference to a disability or disabling condition of a member of the forces at the time he or she became a member, means that the disability or disabling condition was apparent at that time or would have been apparent to an unskilled observer on examination of the member at that time;

“recorded on medical examination prior to enlistment”, when used with reference to a disability or disabling condition of a member of the forces, means a written record, X-ray film or photograph of the disability or disabling condition that was made in

(a) any medical documentation made on enlistment of that member,

(b) any official documentation covering any former period of service of that member,

(c) the files of the Department relating to that member,

(d) the records of any compensation board or insurance company relating to that member, or

(e) the records of a medical practitioner or a clinic, hospital or other medical institution relating to that member.

R.S., 1985, c. P-6, s. 21; R.S., 1985, c. 16 (1st Supp.), s. 2, c. 20 (3rd Supp.), s. 28; 1990, c. 43, s. 8; 1995, c. 18, ss. 75, 76(F); 2000, c. 12, ss. 212, 236, c. 34, ss. 21, 43(E); 2003, c. 12, s. 2.

21.1 (1) The definitions in this subsection apply in this section.

“Canadian manning pool” means a manning pool of the Canadian merchant navy established under Order in Council P.C. 14/3550 of May 19, 1941.

“Canadian marine training school” means a school established under Order in Council P.C. 148/9130 of November 22, 1941.

“distressed mariner” means a distressed mariner as defined in subsection 37(7.1) of the War Veterans Allowance Act.

“war service bonus” means the bonus paid under The Merchant Seamen War Service Bonus Order, 1944, Order in Council P.C. 149/2705 of April 18, 1944, as amended.

(2) The following rules apply for the purposes of this section:

(a) the period of a person’s service on a voyage or trip referred to in subsection 37(7.3) of the War Veterans Allowance Act includes

(i) any period of duty preparatory to the voyage or trip,

(ii) any period of duty between the end of the voyage or trip and the person’s return to Canada,

(iii) any period of duty in Canada after the end of the voyage or trip that is consequential on the voyage or trip,

(iv) any period of authorized leave of absence with pay during the voyage or trip,

(v) any period of captivity, imprisonment or internment by the enemy or by any foreign power that was not allied or associated with Canada, if that period commenced during the voyage or trip or occurred as a consequence of the voyage or trip,

(vi) any period of hospitalization resulting from an injury or disease or an aggravation thereof incurred during the voyage or trip, and

(vii) any period as a distressed mariner,

but does not include any period after the person’s service on the voyage or trip was terminated for cause;

(b) the period of a person’s service on a voyage referred to in subsection (5) is the “Korean-related part of the voyage”, namely, the portion of the voyage during which the ship was in waters described in subsection (5) plus those portions of the voyage before and after that portion that, in the Minister’s opinion, were essential to the prosecution of the Korean War on behalf of the United Nations, and includes

(i) any period of authorized leave of absence with pay during the Korean-related part of the voyage,

(ii) any period of captivity, imprisonment or internment by the enemy or by any foreign power that was not allied or associated with Canada, if that period commenced during the Korean-related part of the voyage or occurred as a consequence of the Korean-related part of the voyage,

(iii) any period of hospitalization resulting from an injury or disease or an aggravation thereof incurred during the Korean-related part of the voyage, and

(iv) any period as a distressed mariner that commenced during the Korean-related part of the voyage,

but does not include any period after the person’s service on the voyage was terminated for cause;

(c) a distressed mariner’s period as such commences the moment the mariner was shipwrecked, discharged or left behind from a ship on which the mariner was engaged, and ends with the mariner’s arrival at the mariner’s proper return port within the meaning of section 299 of the Canada Shipping Act, 1934;

(d) the period of a person’s service as a member of a Canadian manning pool includes

(i) any period of training,

(ii) any period of authorized leave of absence with pay, and

(iii) any period of hospitalization resulting from an injury or disease or an aggravation thereof incurred while the person was a member of the manning pool,

but does not include any period after the person’s service as a member of the manning pool was terminated for cause;

(e) the existence of a manning pool record card for a person shall be taken as conclusive evidence that the person was a member of a Canadian manning pool during the period indicated on the card;

(f) evidence that the Director of Merchant Seamen paid war service bonus to a person in respect of any period shall be taken, in the absence of evidence to the contrary, as indicating that the person was a member of a Canadian manning pool during that period;

(g) where the service of a Canadian merchant mariner of World War II is based on subparagraph (4)(c)(ii), the period of service is the period in respect of which that mariner was paid war service bonus by the employer;

(h) where the service of a Canadian merchant mariner of World War II is based on subparagraph (4)(c)(iii), the period of service is the period from the beginning of the period of service on the first voyage to the end of the period of service on the last voyage with the same employer, except for any period in which that mariner was engaged in any employment, business or occupation not referred to in this section;

(i) the period of a person’s service as a trainee at a Canadian marine training school includes

(i) any period of authorized leave of absence with pay,

(ii) any period of transportation the costs of which were paid by the Department of Transport under the authority of Order in Council P.C. 148/9130 of November 22, 1941, and

(iii) any period of hospitalization resulting from an injury or disease or an aggravation thereof incurred while the person was a trainee,

but does not include any period after the person’s service as a trainee was terminated for cause;

(j) where official records of a person’s service as a Canadian merchant mariner of World War I, World War II or the Korean War, or of injuries or disease suffered or contracted by a person during such service, are not available, the Minister may accept a statutory declaration or like statement from anyone if

(i) information about the existence of any registered or licensed ship on which it is claimed that the person served is corroborated by official records,

(ii) no information in the declaration or statement is contradicted by other evidence, and

(iii) after taking into consideration such corroboration as may be available, the Minister is satisfied, on the balance of probabilities, that the information in the declaration or statement is true; and

(k) the Minister may presume death in every case where, according to the evidence available as to the circumstances surrounding the disappearance of a person whose death is in question or the loss of the ship on which the person was serving, the Minister is satisfied beyond a reasonable doubt that the death has in fact occurred.

(3) A Canadian merchant mariner of World War I is

(a) any person who is a merchant navy veteran of World War I referred to in paragraph 37(7.3)(a), (b) or (c) of the War Veterans Allowance Act; or

(b) any person who, during World War I, served in a Canadian manning pool, in another merchant navy organization or in a form of service reasonably similar, or analogous, to one described in paragraph (4)(b), (c) or (d).

(4) A Canadian merchant mariner of World War II is

(a) any person who is a merchant navy veteran of World War II referred to in paragraph 37(7.3)(a), (b) or (c) of the War Veterans Allowance Act;

(b) any person who, during World War II,

(i) signed an agreement with the Director of Merchant Seamen to join a Canadian manning pool and to serve at sea on foreign-going ships as directed by that Director, or the Director’s staff, for a period of two years or for the duration of World War II, whichever was the shorter period, and

(ii) served, in any capacity, in accordance with the agreement;

(c) any person who, during World War II, was permanently or recurrently employed at sea by an owner or charterer of a ship or by Canadian Marconi Company Limited, and who

(i) signed an agreement to continue to serve at sea with that employer for the duration of the war if so required by that employer,

(ii) was paid war service bonus by that employer, or

(iii) made two or more voyages referred to in paragraph 37(7.3)(a) of the War Veterans Allowance Act on ships operated by the same employer, if the employer was Canadian National Steamships, Canadian Pacific Steamships, Imperial Oil, Park Steamships or any other shipping company prescribed by the regulations; or

(d) any trainee at a Canadian marine training school during World War II who signed an agreement to enter a Canadian manning pool at the end of the school training period.

(5) A Canadian merchant mariner of the Korean War is any person who, at any time during the period from June 25, 1950 to July 27, 1953, served on board a Canadian ship while it was making a voyage that entered any of the waters, including gulfs, bays and inlets, lying between

(a) the coasts of Siberia, Korea and China,

and

(b) a line beginning at a point on the coast of Siberia at longitude 135° East; thence south to a point at latitude 38° 30' North and longitude 135° East; thence southwesterly to a point at latitude 30° North and longitude 124° East; thence south to Shokoto Sho; thence westerly to Shichisei Seki; and thence westerly to a point on the coast of China at latitude 23° North.

1999, c. 10, s. 5.

22. (1) Subject to this section, a pension shall not be awarded when the disability of the member of the forces was due to improper conduct.

(2) The Minister may, when the applicant is in a dependent condition, award such pension as the Minister deems fit in the circumstances.

(3) Where venereal disease was contracted by a member of the forces prior to enlistment and aggravated during service, pension shall be awarded for the total pensionable disability existing at the time of discharge in all cases where the member saw service in a theatre of actual war, and no increase in disability after discharge is pensionable, but, if it subsequently appears on examination that the disability has decreased in extent, pension shall be decreased accordingly; and pension may thereafter be increased or decreased, subject to the limitation prescribed in this section, in accordance with the degree of disability that may be shown to exist on any subsequent examination.

R.S., 1985, c. P-6, s. 22; 1995, c. 18, ss. 75, 76(F).

23. The occupation, income or condition in life of a person prior to becoming a member of the forces does not in any way affect the amount of pension awarded to or in respect of that person.

R.S., c. P-7, s. 16.

24. [Repealed, 1995, c. 18, s. 48]

25. The Minister shall reduce a pension by a monthly amount determined under section 26 if, in respect of the same death or same disability for which the pension is payable,

(a) an amount arising from a legal liability to pay damages is collected by or in respect of the pensioner; or

(b) compensation is payable to or in respect of the pensioner under

(i) the Merchant Seamen Compensation Act,

(ii) the Government Employees Compensation Act,

(iii) any provincial workers’ compensation legislation,

(iv) a compensation plan established by any other legislation of a similar nature, whether legislation of Canada, a province or another jurisdiction, other than

(A) a compensation plan to which the pensioner has contributed, or

(B) a compensation plan that provides a payment or payments that are in substance a continuation of the pay or benefits of a member of the forces, or

(v) a compensation plan of a similar nature established by the United Nations or by or under an international agreement to which Canada is a party, other than

(A) a compensation plan to which the pensioner has contributed, or

(B) a compensation plan that provides a payment or payments that are in substance a continuation of the pay or benefits of a member of the forces.

R.S., 1985, c. P-6, s. 25; 1995, c. 18, s. 75; 2000, c. 34, s. 22.

26. (1) The definitions in this subsection apply in this section.

“compensatory amount” means the amount remaining, after subtracting any taxes, of the amount collected referred to in paragraph 25(a) or of the compensation payable referred to in paragraph 25(b).

“monthly value” means

(a) in respect of a compensatory amount that is payable in a lump sum, the monthly amount that, in the Minister’s opinion, would result from converting that lump sum to a life annuity payable monthly; or

(b) in respect of a compensatory amount that is payable in instalments other than monthly instalments, the monthly amount that would result from converting those instalments to monthly instalments.

(2) Except as provided by subsection (3), the amount by which the pension shall be reduced for the purpose of section 25 is the lesser of

(a) the pension, and

(b) one half of the monthly value of the compensatory amount.

(3) If the compensatory amount is an amount referred to in paragraph 25(a) collected from Her Majesty in right of Canada, or is compensation referred to in subparagraph 25(b)(v), the amount by which the pension shall be reduced for the purpose of section 25 is the lesser of

(a) the pension, and

(b) the monthly value of the compensatory amount.

(4) If a change occurs in the amount of the pension or the monthly value of the compensatory amount, or both, the amount by which the pension shall be reduced for the purpose of section 25 shall be recalculated accordingly.

(5) If

(a) part of a compensatory amount is paid to or in respect of a pensioner before the reduction of pension in accordance with this section has taken effect, or

(b) an increase in the monthly value of a compensatory amount is paid to or in respect of a pensioner before the recalculation of the reduction of pension in accordance with subsection (4) has taken effect,

the amount or additional amount, as the case may be, of the reduction of pension that should have been in effect during the interval in question is an overpayment for the purpose of section 83.

R.S., 1985, c. P-6, s. 26; 1990, c. 43, s. 9; 1992, c. 24, s. 12; 1995, c. 18, s. 75; 2000, c. 34, s. 22.

27. [Repealed, 2000, c. 34, s. 22]

28. No action lies against any person in respect of services performed in connection with the preparation or prosecution of any application, unless the Minister has certified that the amount claimed is a fair and reasonable charge for the services rendered and properly payable by the person against whom the claim is made.

R.S., 1985, c. P-6, s. 28; 1995, c. 18, s. 49.

29. (1) Pensions or allowances shall be payable monthly at the end of each month.

(2) Notwithstanding anything in this Act, but subject to paragraphs 21(1)(h) and (2)(c) and subsections 38(3) and 72(5), any pension or allowance awarded or paid under this Act ceases to be payable on the first day of the month following the month of the death of the person to whom or in respect of whom the pension or allowance is paid.

(3) [Repealed, 1995, c. 18, s. 50]

R.S., 1985, c. P-6, s. 29; R.S., 1985, c. 16 (1st Supp.), s. 3; 1995, c. 18, s. 50; 2000, c. 34, s. 23.

30. (1) No award shall be assigned, charged, attached, anticipated, commuted or given as security, and the Minister may refuse to recognize any power of attorney granted by a person with reference to the payment of an award.

(1.1) An award is exempt from seizure and execution, either at law or in equity.

(2) Notwithstanding subsection (1), where any provincial or municipal authority in a province pays a person any advance, assistance or welfare payment for a period that would not be paid if a pension or an allowance under this Act had been paid for that period and subsequently a pension or an allowance becomes payable or payment of a pension or an allowance may be made under this Act to that person for that period, the Minister may deduct from any retroactive payment of pension or allowance and pay to the government of the province an amount not exceeding the amount of the advance, assistance or welfare payment paid, if that person had, on or before receiving the advance, assistance or welfare payment from the government of the province or the municipal authority, consented in writing to the deduction and payment.

R.S., 1985, c. P-6, s. 30; 1995, c. 18, ss. 51, 75; 2000, c. 34, s. 24.

31. (1) Any pension or allowance held in trust by the Minister and due to a deceased pensioner at the time of death does not form part of the estate of the deceased pensioner.

(2) The Minister may direct the payment of any pension or allowance referred to in subsection (1) either to the pensioner’s estate or to the survivor or child or children of the pensioner, or to the survivor and child or children, or may direct that it be paid in whole or in part to any person who has maintained, or been maintained by, the pensioner or toward the expenses of the pensioner’s last sickness and burial.

(3) If no order for the payment of a pension or an allowance referred to in subsection (1) is made by the Minister, the pension or allowance shall not be paid.

R.S., 1985, c. P-6, s. 31; R.S., 1985, c. 12 (2nd Supp.), s. 6; 1995, c. 18, s. 52; 2000, c. 12, s. 238.

32. (1) [Repealed, 2000, c. 34, s. 25]

(2) If any person who is or has been in receipt of war veterans allowance, relief or unemployment assistance from the Department is or has been awarded a retroactive pension or a retroactive increase of pension, the difference between the amount actually paid by the Department and the amount that would have been paid if the retroactive pension or the retroactive increase of pension had been payable when the war veterans allowance was being paid or the relief or unemployment assistance was issued shall be a second charge on the accumulated unpaid instalments of the pension and shall be withheld accordingly, subject to the payments to be made, as a first charge, to a province pursuant to subsection 30(2).

(3) [Repealed, 2000, c. 34, s. 25]

R.S., 1985, c. P-6, s. 32; 1990, c. 43, s. 11; 1995, c. 18, s. 75; 2000, c. 12, s. 213, c. 34, s. 25.

33. [Repealed, 1995, c. 18, s. 53]

34. (1) No pension shall be paid to or in respect of a child after the last day of the month in which the child attained the age of eighteen years except

(a) where the child is unable to provide for the child’s own maintenance owing to physical or mental infirmity that occurred before the child attained the age of twenty-one years, in which case a pension may be paid while the child is incapacitated from earning a livelihood by the infirmity; or

(b) where the child is following and is making satisfactory progress in a course of instruction approved by the Minister, in which case the pension may be paid until the child has attained the age of twenty-five years.

(2) [Repealed, 1989, c. 6, s. 30]

(3) The Minister may award a pension to or in respect of any child entitled to be maintained by the member of the forces in respect of whom pension is claimed.

(4) The Minister may direct that the pension for a child may be paid to the child’s mother or father, or to the child’s guardian, or to any person approved by the Minister, or direct that the pension be administered by the Department.

(5) When a child has been given in adoption or has been removed from the person caring for the child, by a competent authority, and placed in a suitable foster home, or is not being maintained by and does not form part of the family cared for by the member of the forces or the person who is pensioned as the former spouse, former common-law partner, survivor or parent of the member of the forces, or by the person awarded a pension under section 46, the pension for the child may, in accordance with the circumstances, be continued, discontinued or retained for the child for such period as the Minister may determine or increased up to an amount not exceeding the rate payable for orphan children, and any such award is subject to review at any time.

(6) The children of a deceased member of the forces who was, at the time of the death of the member, in receipt of a pension paid at a rate set out in one of classes one to eleven of Schedule I are entitled to a pension in accordance with the rates set out in Schedule II, regardless of the cause of that member’s death.

(7) The children of a deceased member of the forces who was, at the time of the death of the member, in receipt of a pension paid at a rate set out in one of classes twelve to twenty of Schedule I are each entitled to an equal portion of the greater of

(a) a proportionate pension equivalent to fifty per cent of the additional pension payable in respect of dependent children for the disability of the member, and

(b) a bonus payable by the Minister for the benefit of the child or children to such person as the Minister may direct and equivalent to the additional pension for one year payable to the member at the time of the member’s death in respect of a child or children of the member.

(7.01) Where the payment of the pension of a member of the forces was suspended at the time of the member’s death, the Minister may direct that the children be awarded the pension to which they would be entitled under subsection (6) or (7) if the pension had not been suspended.

(7.1) For the purposes of subsections (8), (9) and (10), a child ceases to be a minor child after the last day of the month in which the child attains the age of eighteen years.

(8) On and after

(a) the death of the spouse or common-law partner of a pensioner,

(b) the dissolution of the marriage of a pensioner,

(c) the separation of a pensioner from a spouse to whom or in respect of whom an additional pension is not being paid, or

(d) the cessation of cohabitation of a pensioner with the pensioner’s common-law partner,

a pensioner pensioned on account of disability may be paid the additional pension for a spouse or common-law partner for so long as there is a minor child in respect of whom additional pension is being paid, if there is a person who is competent to assume and who does assume the household duties and care of the child or children.

(9) On and after the death of a survivor of a member of the forces who has been in receipt of a pension, or who would have been entitled to a pension but for the death, the survivor’s pension may be paid for so long as there is a minor child to or in respect of whom a pension is being paid, to a person who is competent to assume and who does assume the household duties and care of the child or children, and in those cases the pension payable in respect of those children shall continue to be paid.

(10) Where a pension has been awarded to a minor child or minor children of a deceased member of the forces who had maintained a domestic establishment for the child or children and

(a) who, at the time of death, was himself or herself a survivor, or

(b) whose survivor does not receive a pension in respect of the death or receives only a portion of the pension,

a pension and, if applicable, allowances under one or both of subsections 38(3) and 72(5), at respective rates not exceeding those that a survivor of the deceased member would be entitled to receive under this Act, may be paid to a person who is competent to assume and who does assume the household duties and care of the child or children, for so long as there is a minor child in respect of whom a pension is being paid, and in those cases the pension payable in respect of those children shall continue to be paid.

(11) When pension is awardable under this Act in respect of the death of a member of the forces who died leaving a survivor and child or children, the child or children are entitled to a pension in accordance with the rate payable for orphan children in Schedule II or determined pursuant to subsection (7), whichever rate is applicable.

(12) Where a pension is payable to or in respect of a child of members of the forces each of whom is or was a pensioner by reason of the member’s own disability,

(a) if one parent has died and a pension is payable in respect of the death of that parent, only one pension shall be paid to or in respect of the child and that pension, where the parent, at the time of death, was in receipt of a pension paid at the rate set out in one of classes

(i) one to eleven of Schedule I, is payable at the rate set out for an orphan child in Schedule II, or

(ii) twelve to twenty of Schedule I, is payable at the greater of

(A) the rate applicable to a child determined pursuant to subsection (7), and

(B) the rate set out in Schedule I applicable to the surviving parent with respect to a child; and

(b) if both parents have died and a pension is payable in respect of the death of each of them, only one pension shall be paid to or in respect of the child.

R.S., 1985, c. P-6, s. 34; R.S., 1985, c. 16 (1st Supp.), s. 5, c. 12 (2nd Supp.), s. 7, c. 37 (3rd Supp.), s. 8; 1989, c. 6, s. 30; 1990, c. 43, s. 12; 1995, c. 18, ss. 54, 75; 2000, c. 12, ss. 214, 238, c. 34, s. 26.