Pension Act (R.S.C., 1985, c. P-6)

Marginal note:Minister may increase disability assessment of deceased member

• 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.

• Marginal note:Pension of deceased member deemed increased

  (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.

• Marginal note:Dependants’ pensions

  (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.

Marginal note:Assessment determined after death

• 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.

• Marginal note:Increased assessment

  (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.

Marginal note:Limitation

• 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 was 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.

• Marginal note:Cut-off date

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

Marginal note:Pension to parent where dependent

• 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.

• Marginal note:Pension to parent

  (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.

• Marginal note:Pension to parent or person becoming mentally or physically incapacitated

  (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.

• Marginal note:Dependent parents

  (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.

• Marginal note:Subject to review

  (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.

• Marginal note:Each child assumed to be supporting parents

  (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]

Marginal note:Pension to brother or sister where dependent

• 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.

• Marginal note:If brother or sister is or becomes an orphan

  (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.

• Marginal note:Age limit

  (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]

• Marginal note:Exception for incapacity

  (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.

• Marginal note:Subject to review

  (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.

Marginal note:One pension only

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

• Marginal note:Exceptions

  (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.

Marginal note:Apportionment of pension

• 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.

• Marginal note:Varying apportionment

  (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.

Marginal note:Date from which death pension payable

• 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.

• Marginal note:Date from which increase in death pension payable

  (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.

• Marginal note:Additional award

  (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.