BILL C-67 (Royal Assent)

	53. Section 33 of the Act is repealed.
	54. (1) Subsections 34(3) to (5) of the Act are replaced by the following:
When payable	(3) The Minister may award a pension to or in respect of any child entitled to be maintained by the member of the forces in respect of whom pension is claimed.
Child's pension paid to parents, etc.	(4) The Minister may direct that the pension for a child may be paid to the child's mother or father, or to the child's guardian, or to any person approved by the Minister, or direct that the pension be administered by the Department.
Adopted child, foster child, etc.	(5) When a child has been given in adoption or has been removed from the person caring for the child, by a competent authority, and placed in a suitable foster home, or is not being maintained by and does not form part of the family cared for by the member of the forces or the person who is pensioned as the divorced or surviving spouse or parent of the member of the forces, or by the person awarded a pension under section 46, the pension for the child may, in accordance with the circumstances, be continued, discontinued or retained for the child for such period as the Minister may determine or increased up to an amount not exceeding the rate payable for orphan children, and any such award is subject to review at any time.
1990, c. 43, s. 12(3)	(2) Subsections 34(8) to (10) of the Act are replaced by the following:
Additional pension continued in certain circumstances	(8) On and after
	(a) the death of the spouse of a pensioner,
	(b) the dissolution of the marriage of a pensioner, or
	(c) the separation of a pensioner from a spouse to whom or in respect of whom an additional pension is not being paid,
	a pensioner pensioned on account of disability may be paid the additional pension for a married member of the forces for so long as there is a minor child in respect of whom additional pension is being paid, if there is a person who is competent to assume and who does assume the household duties and care of the child or children.
Pension on death of surviving spouse	(9) On and after the death of a surviving spouse of a member of the forces who has been in receipt of a pension, or who would have been entitled to a pension but for the death, the surviving spouse's pension may be paid for so long as there is a minor child to or in respect of whom a pension is being paid, to a person who is competent to assume and who does assume the household duties and care of the child or children, and in those cases the pension payable in respect of those children shall continue to be paid.
Pension payable to caretaker	(10) Where a pension has been awarded to a minor child or minor children of a deceased member of the forces who had maintained a domestic establishment for the child or children and
	(a) who, at the time of death, was a widow or widower, or
	(b) whose surviving spouse does not receive a pension in respect of the death or receives only a portion of the pension,
	a pension at a rate not exceeding that provided for a surviving spouse in Schedule II or determined pursuant to subsection 45(3), whichever rate is applicable, may be paid to a person who is competent to assume and who does assume the household duties and care of the child or children, for so long as there is a minor child in respect of whom a pension is being paid, and in those cases the pension payable in respect of those children shall continue to be paid.
1990, c. 43, s. 13(2) (E)	55. Subsection 35(2) of the Act is replaced by the following:
How extent of disability assessed	(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 physicians and surgeons making medical examinations for pension purposes.
Statutory Instruments Act does not apply	(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.
1990, c. 43, s. 15	56. Subsection 38(7) of the Act is replaced by the following:
Wear and tear on account of other disabilities	(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.
	57. (1) Paragraph 39(1)(a) of the Act is replaced by the following:
	(a) the day on which application therefor was first made, and
R.S., c. 20 (3rd Supp.), s. 28	(2) Subsection 39(2) of the Act is replaced by the following:
Additional award	(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.
	58. Subsection 40(1) of the Act is replaced by the following:
Refusing to undergo medical or surgical treatment	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.
	59. Subsection 41(1) of the Act is replaced by the following:
Administratio n of pension	41. (1) Where it appears to the Minister that a pensioner is
	(a) by reason of infirmity, illness or other cause, incapable of managing their own affairs, or
	(b) not maintaining any person that the pensioner has a legal obligation to maintain,
	the Minister may direct that the pension payable to the pensioner be administered for the benefit of the pensioner or any person that the pensioner has a legal obligation to maintain, or both, by the Department or a person or agency selected by the Minister.
	60. (1) Subsection 42(3) of the Act is replaced by the following:
Allowance for maintenance of parents	(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.
1990, c. 43, s. 18	(2) Subsections 42(5) to (7) of the Act are replaced by the following:
Dependent parent	(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.
Person deemed to be spouse or surviving spouse	(6) For the purposes of this Act, a member of the forces who establishes that the member has been cohabiting in a conjugal relationship with a person of the opposite sex for a period of not less than one year shall be deemed to be the spouse of that person until either of them marries or until they cease to cohabit, and on the death of the member while so deemed to be married that person shall be deemed to be the surviving spouse of the member.
Person deemed to be surviving spouse	(7) For the purposes of this Act, a person who establishes that the person was cohabiting in a conjugal relationship with a member of the forces of the opposite sex for a period of not less than one year immediately prior to the member's death shall be deemed to be the surviving spouse of that member.
	61. Section 43 of the Act is replaced by the following:
Additional pension not payable in certain circumstances	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.
1990, c. 43, s. 19	62. Subsection 44(1) of the Act is replaced by the following:
Last sickness and burial expenses	44. (1) Subject to subsection (2), when a pensioner pensioned on account of a disability has died and the estate is not sufficient to pay the expenses of the pensioner's last sickness and burial, the Minister may direct the payment of those expenses, or a portion of them.
	63. (1) Subsection 45(1) of the Act is replaced by the following:
Pension to surviving spouse	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.
1990, c. 43, s. 20	(2) Subparagraph 45(2)(b)(ii) of the Act is replaced by the following:
	(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,
1990, c. 43, s. 20	(3) Subparagraph 45(3)(b)(ii) of the Act is replaced by the following:
	(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,
R.S., c. 16 (1st Supp.), s. 7(1)	(4) Subsection 45(3.3) of the Act is replaced by the following:
Where surviving spouse reclassified	(3.3) Where, as a result of a determination by the Minister under subsection 48(3) or section 49, a surviving spouse 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 surviving spouse has received under subsection (3.1) shall be set off against the surviving spouse's entitlement under paragraph 21(1)(i) or (2)(d).
1990, c. 43, s. 21	64. Section 46 of the Act is replaced by the following:
Pension to person cohabiting with member	46. On the death of a member of the forces, a person of the opposite sex 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 surviving spouse in Schedule II or determined pursuant to subsection 45(3), whichever rate is applicable.
R.S., c. 3 (2nd Supp.), s. 31(2)	65. Subsections 47(3) and (4) of the Act are replaced by the following:
Pension where no alimony, support, maintenance or alimentary allowance payable	(3) Notwithstanding subsection (1), where a person has been divorced, judicially separated or separated pursuant to a written or other agreement from a member of the forces who has died, and the person is in a dependent condition, the Minister may award a pension at a rate not exceeding the rate provided for a surviving spouse in Schedule II or determined pursuant to subsection 45(3), 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 the separation 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.
Power to refuse pension to surviving spouse	(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.
	66. (1) Paragraph 52(1)(a) of the Act is replaced by the following:
	(a) the member died without leaving any surviving or divorced spouse who is entitled to a pension or a person awarded a pension under section 46; and
1990, c. 43, s. 22(2)	(2) Subsection 52(2) of the Act is replaced by the following:
Pension to parent	(2) Where a member of the forces has died leaving a surviving or divorced spouse 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 surviving or divorced spouse 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 surviving or divorced spouse entitled to a pension or a person awarded a pension under section 46.
R.S., c. 37 (3rd Supp.), s. 10(2) (E)	67. Subsection 53(5) of the Act is replaced by the following:
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.
	68. Section 55 of the Act is replaced by the following:
Apportionme nt 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.
Varying apportionmen t	(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., c. 20 (3rd Supp.), s. 28	69. Subsection 56(2) of the Act is replaced by the following:
Additional award	(2) Notwithstanding subsection (1), where a pension is awarded with respect to the death of a member of the forces 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.
	70. The portion of paragraph 64(1)(b) of the Act before subparagraph (i) is replaced by the following:
	(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 of any of those members of the Commonwealth, or in any of the forces of any of the countries allied with His Majesty and who, while so serving during that War, suffered disability or death
	71. The portion of paragraph 65(1)(b) of the Act before subparagraph (i) is replaced by the following:
	(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 of the United Kingdom and who, while so serving during that War, suffered disability or death
	72. The portion of paragraph 66(1)(b) of the Act before subparagraph (i) is replaced by the following:
	(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 of any of those members of the Commonwealth, or in any of the forces of any of the countries allied with His Majesty, and who, while so serving during that War, suffered disability or death
R.S., c. 16 (1st Supp.), ss. 12, 14, 15, c. 20 (3rd Supp.), ss. 22 to 26, c. 37 (3rd Supp.), ss. 14, 15; 1990, c. 43, ss. 25 to 30	73. Sections 79 to 108 of the Act are replaced by the following:
Definitions	79. In this Part,
``Assessment Board'' « comité d'évaluation »	``Assessment Board'' means two members of the Commission designated under section 87 of the former Act;