Marginal note:Increase of certain pensions while recipients resident in Canada

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.

Marginal note:Definitions

• 71.1 (1) In this Part,

  “basic pension”

  « pension de base »

  “basic pension” means the monthly pension payable under Class 1 of Schedule I to a pensioner without a spouse, common-law partner or child;

  “civilian”

  « civils »

  “civilian” means

  • (a) a person described in section 9 or 16 of the Civilian War-related Benefits Act,

  • (b) a member of the Voluntary Aid Detachment, within the meaning assigned to that expression by section 43 of that Act,

  • (c) an Overseas Welfare Worker, within the meaning assigned to that expression by section 48 of that Act,

  • (d) a Civilian Member of Overseas Air Crew, within the meaning assigned to that expression by section 52 of that Act, or

  • (e) a person who during World War I was engaged in any activity equivalent to an activity engaged in by persons described in any of paragraphs (a) to (d) under the same basic conditions that applied to those persons;

  “prisoner of war”

  « prisonniers de guerre »

  “prisoner of war” means a prisoner of war of Japan or a prisoner of war of another power;

  “prisoner of war of another power”

  « prisonniers de guerre d’une autre puissance »

  “prisoner of war of another power” means

  • (a) a person who during World War I or World War II

    • (i) served in the naval, army or air forces of Canada or Newfoundland,

    • (ii) served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty and who was domiciled in Canada or Newfoundland at the time of enlistment, or

    • (iii) was a civilian,

    and who was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power,

  • (b) a merchant navy veteran of World War I or World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act who, during World War I or World War II, as the case may be, was a prisoner of war of any power, other than Japan during World War II, that was engaged in military operations against His Majesty’s forces or against any of the countries allied with His Majesty or who was engaged in evading capture by or in escaping from such a power,

  • (c) a person who served in the naval, army or air forces of Canada during military operations subsequent to World War I or World War II and who, while so serving, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power, or

  • (d) a Canadian merchant navy veteran of the Korean War within the meaning of subsection 37(7.4) of the War Veterans Allowance Act who, during the period referred to in that subsection, was a prisoner of war of any power or was engaged in evading capture by or in escaping from any power;

  “prisoner of war of Japan”

  « prisonniers de guerre des Japonais »

  “prisoner of war of Japan” means

  • (a) a person who served in the naval, army or air forces of Canada or Newfoundland during World War II,

  • (b) a person who served in the naval, army or air forces of His Majesty or any of the countries allied with His Majesty during World War II and who was domiciled in Canada or Newfoundland at the time of enlistment,

  • (c) a merchant navy veteran of World War II within the meaning of subsection 37(7.3) of the War Veterans Allowance Act, or

  • (d) a civilian

  who, during World War II, was a prisoner of war of Japan or was engaged in evading capture by or in escaping from the Japanese.

• Marginal note:Running of time period

  (2) For the purposes of this Part, a period spent as a prisoner of war is the period from the time a person became a prisoner of war or became separated from their unit in enemy or enemy-occupied territory to the time the person ceased to be in enemy or enemy-occupied territory, but does not include any period spent performing the duties of a special agent.