PART IIIConstables’ Pensions (continued)
Marginal note:Re-engaged pensioner
35 (1) In the event of a pensioner being re-engaged for service in the Force by reason of the existence of a national emergency, including war, his pension shall be discontinued until his re-engagement is terminated by his final discharge from the Force.
Marginal note:Resumption of pension
(2) Notwithstanding anything in this Part, payment of the pension of which any such pensioner was in receipt prior to his re-engagement as aforesaid shall, upon his final discharge from the Force, be immediately resumed; but the Governor in Council may, in his discretion, increase the amount of such pension by an amount equal to one-fiftieth of the annual pay and allowances of which such pensioner was in receipt at the time of his final discharge from the Force for each year or, save as otherwise provided by subsection (3), portion of a year of his service during the period of his re-engagement as aforesaid.
(3) In determining the period of service of a pensioner under re-engagement as aforesaid for the purposes of subsection (2), service of six months or more but of less than one year shall be counted as one-half of a year’s service, but service of less than six months shall not count for the purposes of any increase of pension; and where in the case of any pensioner no allowances for the rank held by him during re-engagement as aforesaid are prescribed for pension purposes, the Minister may recommend that such amount by way of allowances as may in his opinion be considered fair and just in the circumstances of the case be taken into account for the purpose of computing an increase of the pension of such pensioner under subsection (2).
(4) In this section pensioner means any constable who, prior to his re-engagement for service in the Force, was in receipt of a pension granted to him under this Act.
- R.S., 1952, c. 241, s. 68
Marginal note:Computation of time of service
36 (1) For the purpose of estimating any pension under this Part,
(a) if the service has not been continuous, the period or periods during which such service has been interrupted shall not be counted; and
(b) neither working pay nor extra pay of any man shall be considered.
Marginal note:Constables’ pensions, World War I
(2) Time served on active service during the war between Great Britain and Germany that commenced on the 4th day of August 1914 may be included in the term of service for the purpose of pension under this Part.
Marginal note:Civil Service and Customs-Excise Preventive Service
(3) Time served in the Civil Service that counted toward superannuation and retirement under the various Civil Service Superannuation and Retirement Acts, and time served in the Customs-Excise Preventive Service of the Department of National Revenue, may be included in the term of service for the purpose of pension under this Part.
Marginal note:Time served in provincial police force
(4) Recognition of prior service in and time served in any provincial police force of a province with which the Governor in Council has entered into an arrangement under section 5 of the former Act, at the time of the constable’s engagement or re-engagement or subsequent to such engagement or re-engagement, may be included in his term of service for the purpose of pension under this Part, if the constable pays the amount required by the Governor in Council.
Marginal note:Permanent forces
(5) Time served in the permanent naval, army or air forces of Canada may also be included in the term of service of a constable for the purposes of pension under this Part.
Marginal note:Service in World War II
(6) Time served on active service during the war that commenced in September 1939 may be included in the term of service for the purpose of pension under this Part.
Marginal note:Refund in case of prior service in provincial force
(7) Where a member of the Force, who has made the payment required under this section in respect of prior service in a provincial police force, is certified by the Commissioner to have been retained in the Force beyond the maximum period of service that may be counted for the purpose of computing a pension under this Part by reason of the war that commenced in September 1939, there may be paid to him, or if he has died, to his legal representatives, an amount that bears the same ratio to the total of the payment made by him in respect of his prior service in the provincial police force, without interest, that the period of his service that may be counted for pension purposes in excess of the maximum period that may be so counted, bears to the total of his prior service in the provincial police force in respect of which he made payment; but the amount payable under this subsection shall not exceed the total amount of the payment made by him in respect of his prior service in the provincial police force.
- R.S., 1952, c. 241, s. 69
- 1959, c. 34, s. 41
Marginal note:Report and certificate justifying pension
37 No pension shall be granted to any constable unless a board composed of three officers, the rank of one of whom shall not be less than that of superintendent, has certified to his length of service and conduct, and that other evidence has been adduced before it which justifies the granting of a pension under this Part.
- R.S., 1952, c. 241, s. 70
Marginal note:Certificate of medical board
38 (1) Before a pension is granted to a constable, who after having served for less than twenty years, retires on the ground of his being incapacitated by infirmity of mind or body for the discharge of his duty, a medical board composed of a surgeon, or assistant surgeon, or acting assistant surgeon, or a medical practitioner employed by the Force, and two other legally qualified medical practitioners, shall certify that such constable is so incapacitated and that the incapacity is likely to be permanent.
Marginal note:Evidence of incapacity
(2) Until the liability of a constable to serve again ceases, he shall, when required, furnish satisfactory evidence certified by a legally qualified medical practitioner that such incapacity continues.
- R.S., 1952, c. 241, s. 71
Marginal note:If incapacity ceases
39 If such incapacity ceases before the expiration of such time as would, together with the period of service prior to his retirement, make up a period of twenty years, the constable is liable to serve again in the Force; and if, before the expiration of the said time, he declines so to serve, or if, when serving again, he neglects to perform his duty satisfactorily, being in a competent state of health, he shall forfeit his pension.
- R.S., 1952, c. 241, s. 72
Marginal note:Failure or refusal to be examined
40 If a constable fails or refuses, when required, to be examined by a legally qualified medical practitioner, the Commissioner has the same power of requiring such constable to serve again, and with the approval of the Governor in Council, of declaring forfeited the pension of such constable, as he would have under the foregoing provisions of this Part, if satisfied by the evidence of a legally qualified medical practitioner that the incapacity of such constable had ceased.
- R.S., 1952, c. 241, s. 73
Marginal note:Retirement after renewed service
41 (1) A constable so serving again is entitled to retire at the same time as he would be entitled to retire if the time that elapsed between his retirement and the renewal of his service were service.
Marginal note:Interval not to count
(2) The time so elapsed shall not be reckoned as service in calculating his pension on his retirement.
- R.S., 1952, c. 241, s. 74
Marginal note:Contributory negligence, etc.
42 When a pension is granted to a constable on account of infirmity of mind or body, and such infirmity is certified by a medical board constituted as aforesaid to have been brought about or been contributed to by his own default, or by his vicious habits, and such constable, but for such default or habit, is entitled under this Part to a pension of a fixed amount, the Governor in Council may grant to him a less amount of pension than the said fixed amount to which he would otherwise have been entitled.
- R.S., 1952, c. 241, s. 75
43 [Repealed, 1992, c. 46, s. 96]
Marginal note:Obtaining pensions by false pretences
44 Every constable who obtains any pension under this Part by any false representation or false evidence, or by personation, by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, is guilty of an offence, and liable, on summary conviction, to imprisonment, with or without hard labour, for a period not exceeding twelve months, or to a fine not exceeding one hundred dollars, and shall forfeit the pension obtained.
- R.S., 1952, c. 241, s. 77
Marginal note:Diversion of payments to satisfy financial support order
44.1 (1) When any court in Canada of competent jurisdiction has made an order requiring a constable in receipt of a pension to pay financial support, amounts payable to the constable under this Part are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.
Marginal note:Payment deemed to be to constable
(2) For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the constable in respect of whom the payment was made.
(3) [Repealed, 2000, c. 12, s. 287]
- 1980-81-82-83, c. 100, s. 47
- 1999, c. 34, s. 223
- 2000, c. 12, s. 287
Marginal note:Pensions to widows and compassionate allowances to children
45 (1) Subject to the provisions hereinafter contained, the Governor in Council may grant a pension to the widow and a compassionate allowance to each of the children of any constable who loses his life in the performance of duty, as a result of hardship, accident, misadventure or violence.
Marginal note:Amount of pensions and allowances
(2) The pension of a constable’s widow shall be equal to one-half the pay and allowances which would have been permitted her deceased husband for pension purposes, under this Act, at the time of his death, irrespective of whether he had qualified for pension by length of service or not, and the compassionate allowance to each child shall be sixty dollars per annum.
Marginal note:Provisions applicable
(3) Payments of pension or compassionate allowance granted to the widow and children of a constable under this section are subject to sections 24, 25 and 26.
- R.S., 1952, c. 241, s. 78
PART IVWidows’ and Orphans’ Pensions
46 This Part applies to
(a) every constable appointed after the 1st day of October 1934; and
(b) every constable on the Force on the 1st day of October 1934 who elects to contribute under the provisions of section 47.
- R.S., 1952, c. 241, s. 79
Marginal note:Minimum contribution
47 (1) For the purpose of providing the cost of benefits payable under this Part, every person to whom this Part applies shall contribute, by deduction out of his pay, five per cent of the stated rate of pay of his rank.
Marginal note:Leave of absence
(2) In any month in which, due to leave of absence or any other cause, the actual pay of any such person is not at least equal to the contributions to be deducted out of his pay in that month under the provisions of this and the following sections, then no part of the contributions for that month shall be deducted out of his pay, if any, but he may nevertheless pay into the Consolidated Revenue Fund the full contributions required for that month and if paid after the due date he shall include interest for the period of the delay in payment at the rate of four per cent per annum.
Marginal note:Optional supplementary contribution
(3) Every such person may at any time authorize a supplementary deduction to be made from his pay in accordance with the following table:
Age, last preceding birthday, on commencement of supplementary contribution Supplementary contribution per month 20 years and under $ 0.68 21 0.75 22 0.82 23 0.89 24 0.96 25 1.03 26 1.10 27 1.17 28 1.25 29 1.33 30 1.41 31 1.49 32 1.57 33 1.65 34 1.73 35 1.82 36 1.91 37 2.01 38 2.11 39 2.21 40 2.31 41 2.42 42 2.53 43 2.65 44 2.77 45 2.89
Marginal note:Contributions to be applied to purchase benefits
(4) The contributions from time to time so made by every such person, as well as any other contributions made under this Part, shall in effect be used as and when made to purchase benefits to become payable consequent on the death of such person, whenever death may occur, to or in respect of his widow or children if survived by a widow or children and to or in respect of his children and other dependants if such person is not survived by a widow.
Marginal note:Bases of purchase
(5) The benefits mentioned in subsection (4) shall be as defined and described in section 48, and the said contributions shall be applied in accordance with that section and the schedule to this Part to purchase the said benefits.
Marginal note:Election to contribute
(6) Subject to subsection (7) any constable on the Force on the 1st day of October 1934 who does not elect within eight months to contribute under subsection (1) shall not thereafter become subject to this Part unless the Commissioner is satisfied that the health of such constable is such as would be satisfactory for enlistment in the Force.
Marginal note:Extension of time
(7) If due to remoteness of location or difficulties of communication any constable, in the opinion of the Commissioner, may not have had a reasonable opportunity within the eight months period of electing to so contribute, the Commissioner may extend the period of election of such constable for such period as the Commissioner may deem reasonable.
(8) For the purposes of this and the following sections, child means a child of a person to whom this Part applies, including a stepchild and an adopted child, who
(a) is less than twenty-one years of age; or
(b) is twenty-one or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached twenty-one years of age or the person to whom this Part applies died, whichever occurred later.
- R.S., 1970, c. R-10, s. 47
- 1974-75-76, c. 81, s. 69
- 1989, c. 6, s. 23
- Date modified: