35. (1) Subject to section 21, the amount of pensions for disabilities shall, except as provided in subsection (3), be determined in accordance with the assessment of the extent of the disability resulting from injury or disease or the aggravation thereof, as the case may be, of the applicant or pensioner.

(1.1) Despite anything in this Act, if the extent of disability of a member of the forces, in respect of the aggregate of all of the member’s disability assessments, exceeds 100%, no pension shall be paid in respect of any percentage points exceeding 100%.

(1.2) Any disability assessments under the Canadian Forces Members and Veterans Re-establishment and Compensation Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.

(2) The assessment of the extent of a disability shall be based on the instructions and a table of disabilities to be made by the Minister for the guidance of persons making those assessments.

(2.01) The instructions and table of disabilities referred to in subsection (2) are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

(2.1) Where a member of the forces has attained the age of fifty-five years and the assessment of the extent of a disability of the member has remained unchanged for a period of three years or more, no reduction in the assessment of the extent of that disability shall be made.

(3) Pensions for disability resulting from pulmonary tuberculosis, where during the treatment of a member of the forces the presence of tubercle bacilli has been discovered in the sputum or it has been proved that the disease is moderately advanced and clinically active, shall be awarded and continued as follows:

(a) in the case of a member of the forces who served in a theatre of actual war and whose disease was attributable to or was incurred or was aggravated during service, either during World War I or World War II, and in the case of a member of the forces who did not serve in a theatre of actual war and whose disease was incurred during service during either of those Wars, a pension of one hundred per cent shall be awarded as of the date of completion of the treatment and shall be continued without reduction for a period of two years, unless further treatment is required;

(b) in the case of a member of the forces who did not serve in a theatre of actual war and whose disease was aggravated during service, either during World War I or World War II, a pension of ninety per cent shall be awarded as of the date of completion of the treatment and shall be continued without reduction for a period of two years, unless further treatment is required;

(c) in the case of a member of the forces who has seen service in the non-permanent active militia or in the reserve army during World War II or in the case of a member of the forces who has seen service in peace time, whose disease occurred on service and arose out of or was directly connected with that service, a pension of one hundred per cent shall be awarded as of the date of completion of the treatment and shall be continued without reduction for a period of two years, unless further treatment is required;

(d) in the case of a member of the forces who has seen service in the non-permanent active militia or in the reserve army during World War II or in the case of a member of the forces who has seen service in peace time, whose disease was aggravated during service and the aggravation arose out of or was directly connected with that service, a pension of ninety per cent shall be awarded as from the date of completion of the treatment and shall be continued without reduction for a period of two years, unless further treatment is required; and

(e) after the expiration of two years, no pension awarded in respect of pulmonary tuberculosis shall be reduced by more than twenty per cent at any one time, nor shall reductions be made at intervals of less than six months, and paragraphs (b) and (d) do not apply if the disease manifested itself within a period of three months after enlistment.

(4) No deduction shall be made from the pension of any member of the forces because the member undertook work or perfected themself in some form of industry.

R.S., 1985, c. P-6, s. 35; 1990, c. 43, s. 13; 1995, c. 18, ss. 55, 76(F); 2000, c. 34, ss. 27, 43(E); 2005, c. 21, s. 107.

36. Where a member of the forces who is in receipt of a pension on account of the loss of, or permanent loss of the use of, one of the paired organs or limbs of the member’s body suffers, either before or after that loss or loss of use, the loss of, permanent loss of the use of or impairment of the pair of that organ or limb from any cause whatever, an additional pension shall, on application, be awarded to that member in an amount equal to fifty per cent of the pension that would have been awarded to the member if the loss of, permanent loss of the use of or impairment of that organ or limb had occurred in circumstances in which a pension would have been payable under section 21.

R.S., 1985, c. P-6, s. 36; 2000, c. 34, s. 43(E).

37. (1) [Repealed, 1990, c. 43, s. 14]

(2) Permanent pensions for disability shall be awarded, or pensions for disability shall be continued permanently, whenever the disability is, or becomes, apparently permanent in extent, but if it subsequently appears that the disability has changed in extent, the pension shall be adjusted accordingly.

(3) [Repealed, 1990, c. 43, s. 14]

(4) Any pensioner who has accepted a final payment under any provisions previously contained in this Act but now repealed may, if it is found on examination that his or her pensionable disability has persisted or increased, be restored to pension in respect thereof as of the date on which the amount of the final payment received by the pensioner is or was equal to the sum of the instalments of pension that the pensioner would have received if, instead of accepting a final payment, he or she had continued to receive pension at the rate in force immediately before the final payment was made, or as of six months prior to the date of the examination, whichever is the later date.

R.S., 1985, c. P-6, s. 37; 1990, c. 43, s. 14; 2000, c. 34, s. 43(E).

38. (1) A member of the forces who has been awarded a pension or compensation or both, is totally disabled, whether by reason of military service or not, and is in need of attendance shall, on application, in addition to the pension or compensation, or pension and compensation, be awarded an attendance allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III.

(2) Where a member of the forces who has been awarded an attendance allowance under subsection (1) is in or enters a hospital under the jurisdiction of the Department, the Minister may, unless that member is in receipt of an attendance allowance at the maximum rate payable under that subsection or is blind, direct that payment of the allowance cease during the period that the member is in hospital, commencing with the later of the time the direction is made and one month after the end of the month in which the member entered hospital.

(3) Where a member of the forces who is in receipt of an attendance allowance under subsection (1) dies while residing with the spouse or common-law partner or a child of the member and

(a) the member was a person to whom an additional pension was, at the time of death, payable in respect of the spouse, common-law partner or child, or

(b) the pension awarded to the member was a final payment,

the attendance allowance shall continue to be paid for a period of one year commencing on the first day of the month following the month of death to the survivor, if living, or, if not living, equally to any of the member’s children otherwise pensionable under this Act.

(4) A member of the forces who is in receipt of a pension on account of an amputation of the leg at or above a Symes’ amputation is entitled to the allowance set out in Schedule III on account of wear and tear of clothing in respect of each such amputation.

(5) A member of the forces who is in receipt of a pension on account of an amputation of the arm at or above the wrist is entitled to the allowance set out in Schedule III on account of wear and tear of clothing in respect of each such amputation.

(6) A member of the forces who is in receipt of a pension on account of two amputations of a kind described in subsection (4) or (5) is, in addition to the allowances to which that member is entitled under that subsection, entitled in respect of the second amputation to an allowance on account of wear and tear of clothing equal to fifty per cent of the allowance referred to in that subsection.

(7) A member of the forces who is in receipt of a pension for a disability other than a disability described in subsection (4) or (5) that causes wear and tear of clothing may be granted an allowance on account of wear and tear of clothing not exceeding the allowance set out in Schedule III.

(8) A member of the forces who is in receipt of a pension for any disability that requires the wearing of specially made apparel is entitled, in addition to any other allowance to which the member is entitled under this section, to the allowance set out in Schedule III on account of the purchase of such apparel.

R.S., 1985, c. P-6, s. 38; R.S., 1985, c. 16 (1st Supp.), s. 6; 1990, c. 43, s. 15; 1995, c. 18, ss. 56, 75; 1999, c. 10, s. 6; 2000, c. 12, s. 215.

39. (1) A pension awarded for disability shall be made payable from the later of

(a) the day on which application therefor was first made, and

(b) a day three years prior to the day on which the pension was awarded to the pensioner.

(2) Notwithstanding subsection (1), where a pension is awarded for a disability and the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act, the Veterans Review and Appeal Board is of the opinion that the pension should be awarded from a day earlier than the day prescribed by subsection (1) by reason of delays in securing service or other records or other administrative difficulties beyond the control of the applicant, the Minister or Veterans Review and Appeal Board may make an additional award to the pensioner in an amount not exceeding an amount equal to two years pension.

R.S., 1985, c. P-6, s. 39; R.S., 1985, c. 20 (3rd Supp.), s. 28; 1995, c. 18, s. 57.

40. (1) Where an applicant or pensioner should undergo medical or surgical treatment and the applicant or pensioner unreasonably refuses to undergo that treatment, the Minister may reduce, by not more than one half, the pension to which the extent of the applicant’s or pensioner’s disability would otherwise have entitled the applicant or pensioner.

(2) Subsection (1) does not apply to a refusal to undergo a major surgical operation.

R.S., 1985, c. P-6, s. 40; 1995, c. 18, s. 58.

41. (1) Where it appears to the Minister that a person to whom an award is payable is

(a) by reason of infirmity, illness or other cause, incapable of managing their own affairs, or

(b) not maintaining an individual in respect of whom additional pension is payable in accordance with Schedule I,

the Minister may direct that the award payable to that person be administered for the benefit of that person or any individual in respect of whom additional pension is payable in accordance with Schedule I, or both, by the Department or a person or agency selected by the Minister.

(2) Where a pensioner is in receipt of a pension paid at a rate set out in one of classes seventeen to twenty of Schedule I, the Minister may, at the request of the pensioner, pay to any person in respect of whom additional pension is payable in accordance with Schedule I, without further inquiry as to whether the pensioner is maintaining that person, a portion of the pension not exceeding twice the amount of the additional pension payable in respect of that person.

R.S., 1985, c. P-6, s. 41; 1995, c. 18, ss. 59, 75; 2000, c. 12, s. 216, c. 34, s. 28.

42. (1) Subject to subsection (2), where a member of the forces to whom a pension is payable is required by an order of a court in Canada to pay an amount fixed in the order towards the maintenance of any person, in this section referred to as a “dependant”, the Minister may, on receipt of a certified copy of the order, direct that such portion of the pen- sion as the Minister may determine be paid directly to the dependant.

(2) Where the amount fixed by a court order to be paid to a dependant by a member of the forces described in subsection (1) is

(a) greater than the amount of any additional pension payable to the member in respect of that dependant, the portion of the pension directed by the Minister to be paid to the dependant pursuant to subsection (1) shall not exceed an amount equal to twice the amount of the additional pension; or

(b) less than the amount of any additional pension payable to the member in respect of that dependant, the portion of the pension directed by the Minister to be paid to the dependant pursuant to subsection (1) shall not exceed an amount equal to the amount of the additional pension.

(3) Where a pensioner, prior to the pensioner’s enlistment or during the pensioner’s service, was maintaining or was substantially assisting in maintaining one or both of the pensioner’s parents or a person in the place of a parent, an amount not exceeding the amount set out in Schedule I as the additional pension for one child may be paid directly to each parent or person in the place of a parent or to the pensioner for so long as the pensioner continues that maintenance.

(4) The benefits of subsection (3) shall be limited to a parent or parents or a person in the place of a parent who is, are or would be, if the pensioner did not contribute, in a dependent condition, and if the Minister is of the opinion that the pensioner is unable by reason of circumstances beyond his or her control to continue his or her contribution toward the maintenance of his or her parent or parents or a person in the place of a parent, the Minister may continue those benefits.

(5) Where a parent or person in the place of a parent who was not wholly or to a substantial extent maintained by the pensioner prior to the pensioner’s enlistment or during the pensioner’s service by reason of the fact that the parent or person was not then in a dependent condition, subsequently falls into a dependent condition, is incapacitated by mental or physical infirmity from earning a livelihood and is wholly or to a substantial extent maintained by the pensioner, an amount not exceeding the amount set out in Schedule I as the additional pension for one child may be paid directly to each parent or person in the place of a parent or to the pensioner for so long as the pensioner continues that maintenance.

(6) and (7) [Repealed, 2000, c. 12, s. 217]

(8) [Repealed, 1990, c. 43, s. 18]

R.S., 1985, c. P-6, s. 42; R.S., 1985, c. 37 (3rd Supp.), s. 9(F); 1990, c. 43, s. 18; 1995, c. 18, ss. 60, 75; 2000, c. 12, s. 217, c. 34, s. 43(E).

43. Additional pension for disability shall not be paid to a member of the forces in respect of a spouse or a dependent child unless the person in respect of whom additional pension is payable lives with the pensioner or maintains, or is maintained by, the pensioner to an extent that, in the opinion of the Minister, is at least equal to the amount of the additional pension.

R.S., 1985, c. P-6, s. 43; 1995, c. 18, s. 61.

44. [Repealed, 1990, c. 43, s. 19]

45. (1) Subject to subsection 47(3), no pension shall be paid to the surviving spouse of a member of the forces unless the spouse was living with the member, was maintaining or being maintained by the member or was entitled to be maintained by the member at the time of the member’s death and for a reasonable time before the death.

(2) Except as otherwise provided in this Act, the surviving spouse of a member of the forces who was, at the time of the member’s death, in receipt of a pension paid at a rate set out in one of classes one to eleven of Schedule I is entitled to a pension in accordance with the rate for a survivor set out in Schedule II, regardless of the cause of that member’s death, if

(a) the surviving spouse was married to the member before the pension was granted, or

(b) the marriage took place after the grant of the pension, and

(i) the member’s death occurred one year or more after the date of the marriage, or

(ii) the member’s death occurred less than one year after the date of the marriage and the member had, at the date of the marriage, a reasonable expectation of surviving for at least one year after that date,

but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

(2.1) Except as otherwise provided in this Act, the surviving common-law partner of a member of the forces who was, at the time of the member’s death, in receipt of a pension paid at a rate set out in one of classes one to eleven of Schedule I is entitled to a pension in accordance with the rate for a survivor set out in Schedule II, regardless of the cause of that member’s death, but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

(3) Except as otherwise provided in this Act, the surviving spouse of a member of the forces who was, at the time of the member’s death, in receipt of a pension paid at a rate set out in one of classes twelve to twenty of Schedule I is entitled to a proportionate pension equivalent to fifty per cent of the aggregate of the pension awarded to the deceased member for disability and the additional pension payable for the spouse, excluding the allowances for exceptional incapacity, attendance and clothing, if

(a) the surviving spouse was married to the member before a pension was granted to the member, or

(b) the marriage took place after the grant of the pension, and

(i) the member’s death occurred one year or more after the date of the marriage, or

(ii) the member’s death occurred less than one year after the date of the marriage and the member had, at the date of the marriage, a reasonable expectation of surviving for at least one year after that date,

but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

(3.01) Except as otherwise provided in this Act, the surviving common-law partner of a member of the forces who was, at the time of the member’s death, in receipt of a pension paid at a rate set out in one of classes twelve to twenty of Schedule I is entitled to a proportionate pension equivalent to fifty per cent of the aggregate of the pension awarded to the deceased member for disability and the additional pension payable for the common-law partner, excluding the allowances for exceptional incapacity, attendance and clothing, but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

(3.02) 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 survivor be awarded the pension to which the survivor would be entitled under subsection (2), (2.1), (3) or (3.01) if the pension had not been suspended.

(3.1) The survivor of a member of the forces who was living with that member at the time of the member’s death and is entitled to a pension under subsection (3) or (3.01) is entitled, 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”), in lieu of the pension under subsection (3) or (3.01) during that period, to a pension equal to the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member of the forces under Schedule I at the time of the member’s death, and thereafter a pension shall be paid to the survivor in accordance with subsection (3) or (3.01).

(3.2) 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 subsection (3.1) if the person meets one of the requirements set out in subsection (1), even though the person was not living with the member of the forces at the time of the member’s death.

(3.3) Where, as a result of a determination by the Minister under subsection 48(3) or section 49, a survivor described in subsection (3.1) becomes entitled to a pension in accordance with the rates set out in Schedule II, any amount of pension that the survivor has received under subsection (3.1) shall be set off against the survivor’s entitlement under paragraph 21(1)(i) or (2)(d).

R.S., 1985, c. P-6, s. 45; R.S., 1985, c. 16 (1st Supp.), s. 7; 1990, c. 43, s. 20; 1995, c. 18, ss. 63, 75, 76(F); 2000, c. 12, ss. 219, 237(F), 238, c. 34, ss. 29, 96.

46. On the death of a member of the forces, a person who was cohabiting in a conjugal relationship with the member in Canada at the time the member became a member of the forces and for a reasonable period before that time may be awarded a pension at a rate not exceeding the rate provided for a survivor in Schedule II or determined pursuant to subsection 45(3.01), whichever rate is applicable.

R.S., 1985, c. P-6, s. 46; 1990, c. 43, s. 21; 1995, c. 18, s. 64; 2000, c. 12, s. 220.

47. (1) A spouse of a member of the forces who has died and who had been judicially separated or separated from the member, or a former spouse or former common-law partner of a member of the forces who has died, is not entitled to a pension unless the person was awarded alimony, support or maintenance or was entitled to an allowance under the terms of a written agreement with the member, in which case the Minister may award to the person the lesser of

(a) the pension the person would have been entitled to as a survivor of that member, or

(b) a pension equal to the alimony, support or maintenance awarded to the person or the allowance to which the person was entitled under the terms of the agreement.

(2) Subject to section 55, where a person described in subsection (1) is awarded a pension described in paragraph (b) of that subsection and is in a dependent condition, the Minister may at any time increase or decrease the amount of the pension, but when a pension is payable to that person it shall not, at any time, exceed the pension described in paragraph (a) of that subsection or be decreased below the lesser of paragraphs (a) and (b) of that subsection.

(3) Notwithstanding subsection (1), where a person described in that subsection is in a dependent condition, the Minister may award a pension at a rate not exceeding the rate provided for a survivor in Schedule II or determined pursuant to subsection 45(3) or (3.01), whichever rate is applicable, although the person has not been awarded alimony, support, maintenance or an alimentary allowance or is not entitled to an allowance under the terms of a written agreement, if, in the opinion of the Minister, the person would have been entitled to an award of alimony, support, maintenance or an alimentary or other allowance had the person made application for it under due process of law in any jurisdiction in Canada.

(4) The Minister may refuse to award a pension to a surviving spouse of a member of the forces who, at the time the member became a member of the forces and for a reasonable period before that time, was separated from the member and was not being maintained by the member.

R.S., 1985, c. P-6, s. 47; R.S., 1985, c. 3 (2nd Supp.), s. 31; 1995, c. 18, ss. 65, 75; 2000, c. 12, ss. 221, 237(F).

48. (1) For the purposes of this section and section 49, “dependant” means a survivor or child of a member of the forces to whom a pension may be paid under this Part.

(2) Where an application for a pension or allowance, or for an increase thereof, that was made by a member of the forces is pending at the time of the member’s death, the application shall, if the member is survived by a dependant, be proceeded with and determined in the same manner as if the member had not died.

(2.1) A dependant referred to in subsection (2) may appeal any decision taken in respect of any application proceeded with and determined pursuant to that subsection and has, in respect of the application, all of the rights that the member of the forces would have had had the member not died.

(3) On application by a dependant of a deceased member of the forces who died without having applied for a pension and whose death was not attributable to military service, the Minister shall, in the same manner as if the application had been made by that member, determine whether that member would have been entitled to a pension had that member applied therefor at any time prior to death.

(3.1) A dependant referred to in subsection (3) may appeal any decision taken in respect of the dependant’s application under that subsection and has, in respect of that application, all of the rights that a member of the forces applying for a pension has.

(4) Where it is determined that a pension would have been awarded to a member of the forces described in subsection (2) or (3), that member shall, for the purposes of subsections 34(6) and (7) and 45(2) and (3), be deemed to have been in receipt of a pension at the time of death.

(5) Where it is determined that a pension payable at a rate set out in one of classes twelve to twenty-one of Schedule I would have been awarded to a member of the forces described in subsection (2), that member shall, for the purposes of subsections 34(7) and 45(3), be deemed to have been in receipt of a pension for a disability assessed at the percentage determined by the Minister and applicable at the time of death.

R.S., 1985, c. P-6, s. 48; R.S., 1985, c. 12 (2nd Supp.), s. 8; 1995, c. 18, s. 75; 1999, c. 10, s. 7; 2000, c. 12, s. 238, c. 34, s. 43(E).

49. (1) The Minister may, on application by a dependant of a deceased member of the forces who, at the time of death, was in receipt of a pension paid at a rate set out in one of classes twelve to twenty-one of Schedule I, determine whether at the time of death the member’s pension should have been paid at a higher rate under Schedule I.

(2) Where it is determined that the pension of a deceased member of the forces described in subsection (1) should at the time of death have been paid at a higher rate under Schedule I, that member shall, for the purposes of subsections 34(6) and (7) and 45(2) and (3), be deemed to have been at the time of death in receipt of a pension paid at that higher rate.

(3) Except as provided by subsections 48(2), (4) and (5) and section 50, no increase in a dependant’s pension may be awarded except in accordance with this section.

R.S., 1985, c. P-6, s. 49; 1995, c. 18, s. 75; 1999, c. 10, s. 8.

50. (1) Where a pensioner who was in receipt of a pension paid at a rate set out in one of classes twelve to twenty-one of Schedule I dies while on the strength of the Department for treatment of a pensioned disability, the Minister shall determine the assessment of the disability at the time of death.

(2) Where, pursuant to subsection (1), it is determined that an assessment of disability should have been increased, that pensioner shall, for the purposes of subsections 34(7) and 45(3), be deemed to have been in receipt of a pension for the increased assessment at the time of death.

R.S., 1985, c. P-6, s. 50; 1995, c. 18, s. 75; 2000, c. 34, s. 43(E).

51. (1) Except as otherwise provided in this Act, in any case where pension may be awarded under section 21 in respect of the death of a member of the forces, the member’s surviving spouse is entitled to a pension only if

(a) the surviving spouse was married to the member before the member as granted a pension for the injury or disease that resulted in the member’s death; or

(b) the marriage took place after the grant of the pension, and

(i) the member’s death occurred one year or more after the date of the marriage, or

(ii) the member’s death occurred less than one year after the date of the marriage and the Minister is of the opinion that the member had, at the date of the marriage, a reasonable expectation of surviving for at least one year thereafter.

(2) No payment shall be made under this section from a date prior to that from which a pension is payable under section 56.

R.S., 1985, c. P-6, s. 51; 1995, c. 18, s. 75; 2000, c. 12, s. 237(F), c. 34, ss. 30, 43(E).

52. (1) In any case where a pension may be awarded under section 21 in respect of the death of a member of the forces, the parent or person in the place of the parent of the member is entitled to a pension at a rate not exceeding the rate provided in Schedule II if

(a) the member died without leaving any survivor, former spouse or former common-law partner who is entitled to a pension, or a person awarded a pension under section 46; and

(b) the parent or person in the place of the parent is in a dependent condition and was, at the time of the death of the member, wholly or to a substantial extent maintained by the member.

(2) Where a member of the forces has died leaving a survivor, former spouse or former common-law partner who is entitled to a pension or a person awarded a pension under section 46, in addition to a parent or person in the place of a parent who, prior to the enlistment of the member or during the member’s service, was wholly or to a substantial extent maintained by the member, the Minister may

(a) award to that parent or person a pension at a rate not exceeding the rate provided in Schedule II; or

(b) in any case where, after the death of the member, the pension to the survivor, former spouse or former common-law partner who is entitled to a pension or the person awarded a pension under section 46 has been discontinued, award to that parent or person a pension not exceeding the pension that might have been awarded to that parent or person if the member had died without leaving any survivor, former spouse or former common-law partner entitled to a pension or a person awarded a pension under section 46.

(3) When a parent or person in the place of a parent who was not wholly or to a substantial extent maintained by the member of the forces at the time of the member’s death subsequently falls into a dependent condition, the parent or person may be awarded a pension, if the parent or person is incapacitated by mental or physical infirmity from earning a livelihood and in the opinion of the Minister the member of the forces would have wholly or to a substantial extent maintained the parent or person had the member not died.

(4) In cases where a member of the forces has died leaving more than one parent or person in the place of a parent who were wholly or to a substantial extent maintained by the member, the rate of pension for one parent or person may be increased by an additional amount not exceeding the rate provided in Schedule II and the total pension may be apportioned between the parents or between the parent and the person.

(5) The pension to any parent or person in the place of a parent is subject to review from time to time and shall be continued, increased, decreased or discontinued in accordance with the amount deemed necessary by the Minister to provide a maintenance for the parent or person.

(6) When a parent or person in the place of a parent has children residing with the parent or person who should, in the opinion of the Minister, be earning an amount sufficient to permit them to contribute to the support of the parent or person, each child shall be deemed to be contributing not less than ten dollars a month toward that support.

(7) [Repealed, 2000, c. 12, s. 223]

R.S., 1985, c. P-6, s. 52; 1990, c. 43, s. 22; 1995, c. 18, ss. 66, 75; 2000, c. 12, s. 223, c. 34, s. 43(E).

53. (1) In any case where pension may be awarded under section 21 in respect of the death of a member of the forces, the brother or sister of the member is entitled to a pension if

(a) the member died without leaving a child, survivor, former spouse or former common-law partner who is entitled to a pension, or a person awarded a pension under section 46; and

(b) the brother or sister is in a dependent condition and was, at the time of the death of the member, wholly or to a substantial extent maintained by the member.

(2) If a brother or sister of a member of the forces is in a dependent condition and is an orphan, or subsequently becomes an orphan by the death of a parent or parents, the brother or sister is entitled to a pension not in excess of the amount provided in Schedule II for orphan children.

(3) No pension shall be paid to or in respect of a person who is a brother or sister of a member of the forces and has attained the age of eighteen years.

(4) [Repealed, 1989, c. 6, s. 31]

(5) Where a person is a brother or sister of a member of the forces, has attained the age of eighteen years, is in a dependent condition and was wholly or to a substantial extent maintained by that member at the time of the member’s death, that person may be awarded a pension not in excess of the amount provided in Schedule II for orphan children while that person is incapacitated by mental or physical infirmity from earning a livelihood.

(6) The pension to a brother or sister of a member of the forces is subject to review from time to time and shall be continued, increased, decreased or discontinued in accordance with the amount necessary to provide a maintenance for the brother or sister, but in no case shall the pension exceed the amount of pension provided for brothers and sisters in Schedule II or, in the case of orphan brothers and sisters, the amount of pension provided in Schedule II for orphan children.

R.S., 1985, c. P-6, s. 53; R.S., 1985, c. 37 (3rd Supp.), s. 10(E); 1989, c. 6, s. 31; 1995, c. 18, s. 67; 2000, c. 12, s. 224.

54. (1) No person shall be awarded more than one pension in respect of death.

(2) Except when children are awarded pensions, parents are awarded a pension jointly, brothers or sisters are awarded pensions or a pension is divided among several applicants, not more than one pension shall be awarded in respect of the death of any one member of the forces.

R.S., 1985, c. P-6, s. 54; 1995, c. 18, s. 76(F); 2000, c. 12, s. 225(F).

55. (1) The Minister may apportion a pension among several pensionable applicants and any such apportionment may from time to time be reviewed and varied.

(2) On the discontinuance or reduction of a pension to one of the pensioners referred to in subsection (1), the pension awarded to any other such pensioner may be continued or increased if the total pension paid to the several pensioners does not exceed the amount prescribed in the schedules or determined pursuant to subsection 45(3), whichever amount is applicable.

R.S., 1985, c. P-6, s. 55; 1995, c. 18, s. 68.

56. (1) Pensions awarded with respect to the death of a member of the forces shall be payable with effect as follows:

(a) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, if an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person or that person is awarded a pension under paragraph 21(1)(b) or (2)(b),

(i) where a pension is awarded on a date less than three years after the date of death, from the day following the date of death, or

(ii) where a pension is awarded on a date three years or more after the date of death, from a date three years prior thereto;

(a.1) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, if no additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person or that person is awarded a pension under section 48, from the later of

(i) the day on which application for the pension was first made, and

(ii) a day three years prior to the day on which the pension was awarded with respect to the death of the member;

(a.2) [Repealed, 2000, c. 34, s. 31]

(b) to a parent or person in place of a parent who was not wholly or to a substantial extent maintained by the member at the time of the member’s death, from a day to be fixed in each case by the Minister; and

(c) in respect of a posthumous child of the member, from the date of the child’s birth.

(1.1) Where a pension has been awarded with respect to the death of a member of the forces, an increase in that pension awarded under section 49 shall be payable with effect as follows:

(a) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, whether or not an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person, the later of

(i) the day on which application for the increase was first made, and

(ii) a day three years prior to the day on which the increase was awarded; and

(b) to a parent or person in place of a parent who was not wholly or to a substantial extent maintained by the member at the time of the member’s death, from a day to be fixed in each case by the Minister.

(2) Notwithstanding subsections (1) and (1.1), where a pension is awarded with respect to the death of a member of the forces, or an increase to that pension is awarded, and the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act, the Veterans Review and Appeal Board is of the opinion that the pension or the increase, as the case may be, should be awarded from a day earlier than the day prescribed by subsection (1) or (1.1) by reason of delays in securing service or other records or other administrative difficulties beyond the control of the applicant, the Minister or Veterans Review and Appeal Board may make an additional award to the pensioner in an amount not exceeding an amount equal to two years pension or two years increase in pension, as the case may be.

R.S., 1985, c. P-6, s. 56; R.S., 1985, c. 20 (3rd Supp.), s. 28; 1995, c. 18, ss. 69, 75; 1999, c. 10, s. 9; 2000, c. 12, ss. 238, 239(E), c. 34, s. 31.

57. On the death of a member of the forces who was, at the time of death, in receipt of a pension and in respect of whom an additional pension for a surviving spouse or child is payable pending consideration of a claim from the surviving spouse or child or both for a pension on account of the death, payment of an amount equal to the pension payable with respect to the death of that member shall be made to the surviving spouse or child or both for a period not exceeding one month, which amount shall be refunded if the pension is eventually awarded or to be set off against the amount of any payment thereof.

R.S., 1985, c. P-6, s. 57; 2000, c. 12, s. 237(F), c. 34, s. 43(E).

58. and 59. [Repealed, 1989, c. 6, s. 32]

59.1 Where, before the coming into force of this section, a spouse or other person was paid an amount as a final payment pursuant to section 59 as that section read from time to time before the coming into force of this section, the Minister may retain that amount by way of deduction from any subsequent payments on account of the resumption of a pension pursuant to subsection 36(1) of the Statute Law (Superannuation) Amendment Act.

1989, c. 6, s. 32; 1995, c. 18, s. 75.

60. to 63. [Repealed, 2000, c. 34, s. 32]

64. (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.

(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.

65. (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.

(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.

66. (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.

(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.

67. 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.

68. (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.

(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.

(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).

(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.

69. (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.

(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.

70. 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.

71. 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.