Pension Act (R.S.C., 1985, c. P-6)

Act current to 2017-11-20 and last amended on 2017-06-22. Previous Versions

Compensation

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

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

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

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

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

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

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

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

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

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

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

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

  • Marginal note:Additional compensation

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

  • Marginal note:Extension of additional compensation

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

  • Marginal note:Application of Part III

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

  • R.S., 1985, c. 37 (3rd Supp.), s. 12;
  • 2000, c. 12, ss. 228, 236, c. 34, s. 33;
  • 2003, c. 27, s. 8.
Marginal note:Compensation for survivor or child
  •  (1) Subject to section 71.4, the survivor or child of a deceased prisoner of war is entitled to compensation determined in accordance with the applicable provisions of Part III as if

    • (a) a reference therein to a member of the forces were a reference to a prisoner of war;

    • (b) a reference to a pension or a pension for disability were a reference to compensation; and

    • (c) a reference to a pensioner were a reference to a person in receipt of compensation.

  • Marginal note:Deemed compensation

    (2) For the purposes of Part III, as applied to prisoners of war referred to in subsection (1), and for the purposes of section 71.4, where a prisoner of war would have been entitled to compensation under section 71.2 at the time of death had this Part been in force at that time, the prisoner of war shall be deemed to have been in receipt of compensation at the rate applicable to the prisoner of war under subsection 71.2(1).

  • R.S., 1985, c. 37 (3rd Supp.), s. 12;
  • 2000, c. 12, s. 240, c. 34, s. 43(E).
Marginal note:Combined pension and compensation

 Where a prisoner of war was, at the time of his death, in receipt of or eligible for a pension under Part III and compensation under this Part, the survivor or child of the prisoner of war is entitled to only one award under this Act, the amount of which shall be determined by reference to the sum of the awards paid to the prisoner of war or for which the prisoner of war was eligible.

  • R.S., 1985, c. 37 (3rd Supp.), s. 12;
  • 2000, c. 12, s. 240.
Marginal note:Provisions not applicable

 Sections 64 to 66 do not apply in respect of compensation under this Part.

  • R.S., 1985, c. 37 (3rd Supp.), s. 12.

PART IVExceptional Incapacity Allowance

Marginal note:Amount of allowance
  •  (1) In addition to any other allowance, pension or compensation awarded under this Act, a member of the forces shall be awarded an exceptional incapacity allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III if the member of the forces

    • (a) is in receipt of

      • (i) a pension in the amount set out in Class 1 of Schedule I, or

      • (ii) a pension in a lesser amount than the amount set out in Class 1 of Schedule I as well as compensation paid under this Act or a disability award paid under the Canadian Forces Members and Veterans Re-establishment and Compensation Act, or both, if the aggregate of the following percentages is equal to or greater than 98%:

        • (A) the extent of the disability in respect of which the pension is paid,

        • (B) the percentage of basic pension at which basic compensation is paid, and

        • (C) the extent of the disability in respect of which the disability award is paid; and

    • (b) is suffering an exceptional incapacity that is a consequence of or caused in whole or in part by the disability for which the member is receiving a pension or a disability award under that Act.

  • Marginal note:Ineligibility — career impact allowance

    (1.1) A member of the forces who is eligible for a career impact allowance under the Canadian Forces Members and Veterans Re-establishment and Compensation Act is not eligible to be awarded an exceptional incapacity allowance.

  • Marginal note:Determination of exceptional incapacity

    (2) Without restricting the generality of paragraph (1)(b), in determining whether the incapacity suffered by a member of the forces is exceptional, account shall be taken of the extent to which the disability for which the member is receiving a pension or a disability award under the Canadian Forces Members and Veterans Re-establishment and Compensation Act has left the member in a helpless condition or in continuing pain and discomfort, has resulted in loss of enjoyment of life or has shortened the member’s life expectancy.

  • Marginal note:Treatment, etc., to be considered in determining allowance

    (3) In determining the amount of the allowance that is to be awarded to a member of the forces who is suffering an exceptional incapacity, account may be taken of the degree to which the incapacity is lessened by treatment or the use of prostheses.

  • Marginal note:Reduction in allowance

    (4) Where, in the opinion of the Minister, a member of the forces who is suffering an exceptional incapacity should undergo medical treatment or use a prosthesis and that member has, in the opinion of the Minister, unreasonably refused to do so, the Minister may reduce the allowance to which the incapacity would otherwise have entitled the member under this section by not more than one-half.

  • Marginal note:Payment of allowance on death of member

    (5) Where a member of the forces who has been awarded an exceptional incapacity allowance under this section dies, the exceptional incapacity allowance shall, if that member was a member to whom an additional pension was, at the time of death, payable in respect of the member’s spouse, common-law partner or child living with the member, be paid for a period of one year commencing on the first day of the month following the month of the death, to the survivor, if living, or, if not living, equally to any of the member’s children otherwise pensionable under this Act.

  • R.S., 1985, c. P-6, s. 72;
  • R.S., 1985, c. 16 (1st Supp.), s. 9;
  • 1990, c. 43, s. 23;
  • 1995, c. 18, s. 75;
  • 1999, c. 10, s. 16;
  • 2000, c. 12, s. 229;
  • 2011, c. 12, s. 20;
  • 2016, c. 7, s. 113.
Marginal note:Lump sum payment

 Where a member of the forces to whom an allowance is awarded under section 72 has requested the purchase of any thing that, in the opinion of the Minister, will be of assistance to the member in relieving the exceptional incapacity he is suffering, the Minister may pay to the member in a lump sum, in lieu of periodic payments, an amount not exceeding the allowance payable to him for one year.

  • R.S., 1985, c. P-6, s. 73;
  • 1995, c. 18, s. 75.
 
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