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Bill C-23

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R.S., c. P-6	PENSION ACT
	Amendments
1995, c. 18, s. 46(3)	211. *(1) The definition ``widowed mother'' in subsection 3(1) of the Pension Act* is repealed.**
R.S., c. 37 (3rd Supp.), s. 2(1)	(2) The definition ``child'' in subsection 3(1) of the Act is replaced by the following:
``child'' « enfant »	``child'', in relation to a member of the forces or a prisoner of war, includes
	(a) an adopted child or foster child of that member or prisoner, and
	(b) a child, adopted child or foster child of the spouse or common-law partner of that member or prisoner;
	(3) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:
``common-la w partner'' « conjoint de fait »	``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual at the relevant time in a conjugal relationship, having so cohabited for a period of at least one year. For greater certainty,
	(a) in the case of an individual's death, the ``relevant time'' means the time of that death; and
	(b) common-law partners cease to be common-law partners when they cease to cohabit.
``surviving common-law partner'' « conjoint de fait survivant »	``surviving common-law partner'', in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual's death, was a former common-law partner of that individual.
``surviving spouse'' « époux survivant »	``surviving spouse'', in relation to an individual, does not include, for greater certainty, a person who, at the time of the individual's death, was a former spouse of that individual.
``survivor'' « survivant »	``survivor'', in relation to an individual, means the surviving spouse or surviving common-law partner of that individual.
R.S., c. 16 (1st Supp.), s. 2(2); 1990, c. 43, s. 8(4)	212. (1) Paragraph 21(1)(i) of the Act is replaced by the following:
	(i) where, in respect of a survivor who was living with the member of the forces at the time of the member's death,
	(i) the pension payable under paragraph (b)
	is less than
	(ii) the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member under paragraph (a) or subsection (5) at the time of the member's death,
	a pension equal to the amount described in subparagraph (ii) shall be paid to the survivor in lieu of the pension payable under paragraph (b) for a period of one year commencing on the effective date of award as provided in section 56 (except that the words ``from the day following the date of death'' in subparagraph 56(1)(a)(i) shall be read as ``from the first day of the month following the month of the member's death''), and thereafter a pension shall be paid to the survivor in accordance with the rates set out in Schedule II.
1990, c. 43, s. 8(5)	(2) Paragraph 21(2)(d) of the Act is replaced by the following:
	(d) where, in respect of a survivor who was living with the member of the forces at the time of that member's death,
	(i) the pension payable under paragraph (b)
	is less than
	(ii) the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member under paragraph (a) or subsection (5) at the time of the member's death,
	a pension equal to the amount described in subparagraph (ii) shall be paid to the survivor in lieu of the pension payable under paragraph (b) for a period of one year commencing on the effective date of award as provided in section 56 (except that the words ``from the day following the date of death'' in subparagraph 56(1)(a)(i) shall be read as ``from the first day of the month following the month of the member's death''), and thereafter a pension shall be paid to the survivor in accordance with the rates set out in Schedule II.
1990, c. 43, s. 8(5); 1995, c. 18, s. 76(F)	(3) Paragraphs 21(2.3)(a) and (b) of the Act are replaced by the following:
	(a) is the survivor of a member of the forces, or
	(b) is a former spouse or a former common-law partner of a member of the forces who has died
	(4) Subsection 21(7) of the Act is replaced by the following:
Where both spouses or common-law partners are members of the forces	(7) Where spouses or common-law partners are residing together and both are pensioners or members of the forces to whom pensions have been or may be awarded under this section,
	(a) each spouse or common-law partner shall be awarded the pension that he or she would be awarded if they were not spouses or common-law partners ;
	(b) the additional pension for a spouse or common-law partner may be paid in respect of one but not both of the spouses or common-law partners ,
	(i) if their pensions are payable at the same rate, at that rate, and
	(ii) if their pensions are payable at different rates, at the rate for the member of the forces whose pension is payable at the higher rate; and
	(c) if the spouses or common-law partners have children in respect of whom a pension may be paid under this Act, the additional pension that may be paid under this Act in respect of the children may be paid to one but not both of the spouses or common-law partners ,
	(i) if the pensions of the spouses or common-law partners are payable at the same rate, at that rate, and
	(ii) if the pensions of the spouses or common-law partners are payable at different rates, at the rate for the member of the forces whose pension is payable at the higher rate.
1990, c. 43, s. 11	213. Subsection 32(3) of the Act is replaced by the following:
Recovery from survivor	(3) Where a survivor or other dependant of a deceased member of the forces retains any amount of the member's award paid after the last day of the month in which the member died, that amount may be deducted from any award granted to the survivor or other dependant.
1995, c. 18, s. 54(1)	214. (1) Subsection 34(5) of the Act is replaced by the following:
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 former spouse, former common-law partner, survivor 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.
1995, c. 18, s. 54(2)	(2) Subsection 34(8) of the Act is replaced by the following:
Additional pension continued in certain circumstances	(8) On and after
	(a) the death of the spouse or common-law partner of a pensioner,
	(b) the dissolution of the marriage of a pensioner,
	(c) the separation of a pensioner from a spouse to whom or in respect of whom an additional pension is not being paid, or
	(d) the cessation of cohabitation of a pensioner with the pensioner's common-law partner,
	a pensioner pensioned on account of disability may be paid the additional pension for a spouse or common-law partner 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.
1995, c. 18, s. 54(2)	(3) Subsection 34(10) of the Act is replaced by the following:
Pension payable to caregiver	(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 himself or herself a survivor , or
	(b) whose survivor 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 survivor 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. 15	215. Subsection 38(3) of the Act is replaced by the following:
Payment of allowance on death of member	(3) Where a member of the forces who is in receipt of an attendance allowance under subsection (1) dies while residing with the spouse or common-law partner or a child of the member and
	(a) the member was a person to whom an additional pension was, at the time of death, payable in respect of the spouse, common-law partner or child, or
	(b) the pension awarded to the member was a final payment,
	the attendance allowance shall continue to be paid for a period of one year commencing on the first day of the month following the month of death to the survivor , if living, or, if not living, equally to any of the member's children otherwise pensionable under this Act.
1995, c. 18, s. 59, par. 75(j)	216. Section 41 of the Act is replaced by the following:
Adminis- tration 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 in respect of whom additional pension is payable in accordance with Schedule I ,
	the Minister may direct that the pension payable to the pensioner be administered for the benefit of the pensioner or any person in respect of whom additional pension is payable in accordance with Schedule I , or both, by the Department or a person or agency selected by the Minister.
Payment of portion of pension to other person	(2) Where a pensioner is in receipt of a pension paid at a rate set out in one of classes seventeen to twenty of Schedule I, the Minister may, at the request of the pensioner, pay to any person in respect of whom additional pension is payable in accordance with Schedule I , without further inquiry as to whether the pensioner is maintaining that person, a portion of the pension not exceeding twice the amount of the additional pension payable in respect of that person.
1995, c. 18, s. 60, par. 75(l)	217. (1) Subsections 42(3) to (5) of the French version of the Act are replaced by the following:
Allocation pour soutien des parents	(3) Lorsque avant son enrôlement ou durant son service un pensionné était le soutien, ou contribuait dans une large mesure au soutien, de l'un ou l'autre de ses parents ou des deux , ou d'une personne remplaçant l'un d'eux, une somme n'excédant pas le montant énoncé à l'annexe I à titre de pension supplémentaire pour un enfant peut être versée directement à chacun des parents ou à la personne remplaçant l'un des deux ou au pensionné tant que ce dernier continue à pourvoir à leur entretien.
Restriction	(4) Les avantages du paragraphe (3) sont limités aux parents , ou à toute personne remplaçant l'un d'eux, dont l'état de dépendance existe, ou existerait sans la contribution du pensionné, et le ministre peut maintenir ces avantages, s'il est d'avis que le pensionné, en raison de circonstances indépendantes de sa volonté, ne peut continuer à contribuer à l'entretien de ses parents , ou de toute personne remplaçant l'un des deux .
Parent à charge	(5) Lorsque les parents , ou une personne remplaçant l'un des deux , qui n'étaient pas totalement ou dans une large mesure à la charge du pensionné avant son enrôlement ou durant son service, parce qu'ils n'étaient pas alors en état de dépendance, tombent subséquemment en état de dépendance et sont empêchés par incapacité mentale ou physique de gagner leur vie, et que le pensionné subvient totalement ou dans une large mesure à leurs besoins, une somme n'excédant pas le montant énoncé à l'annexe I à titre de pension supplémentaire pour un enfant peut être versée directement aux parents ou à la personne remplaçant l'un des deux ou au pensionné tant que ce dernier continue à pourvoir à leur entretien.
1995, c. 18, s. 60(2)	(2) Subsections 42(6) and (7) of the Act are repealed.
	218. The heading before section 45 of the English version of the Act is replaced by the following:

Bill C-23

PENSION ACT

Amendments