Bill C-23
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| Restriction
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(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.
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| Parent à
charge
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(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.
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| 1995, c. 18,
s. 60(2)
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(2) Subsections 42(6) and (7) of the Act
are repealed.
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218. The heading before section 45 of the
English version of the Act is replaced by the
following:
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Pensions for Death |
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219. (1) Section 45 of the Act is amended
by adding the following after subsection (2):
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| Pensions for
surviving
common-law
partners
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(2.1) Except as otherwise provided in this
Act, the surviving common-law partner of a
member of the forces who was, at the time of
the member's death, in receipt of a pension
paid at a rate set out in one of classes one to
eleven of Schedule I is entitled to a pension as
if that member had died on military service,
whether or not the death was attributable to
that service, but no payment shall be made
under this subsection from a date prior to that
from which pension is payable in accordance
with section 56.
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| R.S., c. 16 (1st
Supp.),
s. 7(1); 1990,
c. 43, s. 20;
1995, c. 18,
par. 75(m)
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(2) Subsections 45(3.01) to (3.2) of the Act
are replaced by the following:
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| Proportio- nate pension for surviving common-law partners
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(3.01) Except as otherwise provided in this
Act, the surviving common-law partner of a
member of the forces who was, at the time of
the member's death, in receipt of a pension
paid at a rate set out in one of classes twelve
to twenty of Schedule I is entitled to a
proportionate pension equivalent to fifty per
cent of the aggregate of the pension awarded
to the deceased member for disability and the
additional pension payable for the
common-law partner, excluding the
allowances for exceptional incapacity,
attendance and clothing, but no payment shall
be made under this subsection from a date
prior to that from which pension is payable in
accordance with section 56.
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| Where
pension
suspended
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(3.02) Where the payment of the pension of
a member of the forces was suspended at the
time of the member's death, the Minister may
direct that the survivor be awarded the pension
to which the survivor would be entitled under
subsection (2), (2.1), (3) or (3.01) if the
pension had not been suspended.
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| Equivalent of
member's
pension
payable to
survivor for
one year
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(3.1) The survivor of a member of the forces
who was living with that member at the time
of the member's death and is entitled to a
pension under subsection (3) or (3.01) is
entitled, 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''), in lieu of the
pension under subsection (3) or (3.01) during
that period, to a pension equal to the aggregate
of the basic pension and the additional pension
for a spouse or common-law partner payable
to the member of the forces under Schedule I
at the time of the member's death, and
thereafter a pension shall be paid to the
survivor in accordance with subsection (3) or
(3.01).
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| Apportion- ment of pension
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(3.2) For the purposes of subsection 55(1),
a person who
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is a pensionable applicant in relation to
subsection (3.1) if the person meets one of the
requirements set out in subsection (1), even
though the person was not living with the
member of the forces at the time of the
member's death.
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| 1995, c. 18,
s. 64
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220. Section 46 of the Act is replaced by
the following:
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| Pension to
person
cohabiting
with member
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46. On the death of a member of the forces,
a person 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 survivor in
Schedule II or determined pursuant to
subsection 45(3.01), whichever rate is
applicable.
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| R.S., c. 3 (2nd
Supp.),
s. 31(1);
1995, c. 18,
par. 75(n)
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221. (1) Subsection 47(1) of the Act is
replaced by the following:
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| Pension to
person
awarded
alimony,
support or
maintenance
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47. (1) A spouse of a member of the forces
who has died and who had been judicially
separated or separated from the member, or a
former spouse or former common-law partner
of a member of the forces who has died, is not
entitled to a pension unless the person was
awarded alimony, support or maintenance or
was entitled to an allowance under the terms
of a written agreement with the member, in
which case the Minister may award to the
person the lesser of
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| 1995, c. 18,
s. 65
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(2) Subsection 47(3) of the Act is replaced
by the following:
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| Pension where
no alimony,
support,
maintenance
or alimentary
allowance
payable
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(3) Notwithstanding subsection (1), where
a person described in that subsection is in a
dependent condition, the Minister may award
a pension at a rate not exceeding the rate
provided for a survivor in Schedule II or
determined pursuant to subsection 45(3) or
(3.01), 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 a written 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 in
any jurisdiction in Canada.
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222. Section 51 of the Act is amended by
adding the following after subsection (1):
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| Pension to
surviving
common-law
partner
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(1.1) 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 common-law partner is entitled to a
pension.
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| 1995, c. 18,
s. 66(1)
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223. (1) Paragraph 52(1)(a) of the Act is
replaced by the following:
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| 1995, c. 18,
s. 66(2)
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(2) Subsection 52(2) of the Act is replaced
by the following:
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| Pension to
parent
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(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
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| 1990, c. 43,
s. 22(3)
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(3) Subsection 52(4) of the French version
of the Act is replaced by the following:
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| Parents à
charge
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(4) Lorsqu'un membre des forces est
décédé, laissant plus que l'un de ses parents ou
plus qu'une personne remplaçant l'un des
deux dont il était totalement ou dans une large
mesure le soutien, le taux de la pension d'un
tel parent ou d'une telle personne peut être, au
maximum, augmenté du supplément
mentionné à l'annexe II, et la pension totale
peut être répartie entre ces parents ou entre ce
parent et cette autre personne.
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| 1990, c. 43,
s. 22(4);
1995, c. 18,
par. 75(v)
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(4) Subsection 52(7) of the Act is
repealed.
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224. (1) Paragraph 53(1)(a) of the Act is
replaced by the following:
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(2) Subsection 53(2) of the French version
of the Act is replaced by the following:
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| Si le frère ou
la soeur sont
orphelins ou
deviennent
orphelins
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(2) Si ce frère ou cette soeur sont dans un
état de dépendance et sont orphelins ou si, par
la suite, ils deviennent orphelins par le décès
de l'un de leurs parents ou des deux, ils ont
droit à une pension n'excédant pas le montant
prévu à l'annexe II pour les enfants orphelins.
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| 1995, c. 18,
s. 76
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225. Subsection 54(2) of the French
version of the Act is replaced by the
following:
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| Exceptions
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(2) Sauf lorsque des enfants touchent des
pensions ou lorsque les deux parents reçoivent
une pension en commun, ou lorsqu'il est
accordé une pension à des frères ou soeurs, ou
lorsqu'une pension est partagée entre
plusieurs demandeurs, pas plus d'une pension
ne peut être accordée du fait du décès d'un
membre des forces.
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226. Subsection 69(2) of the Act is
replaced by the following:
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| Survivor of
South African
War pensioner
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(2) The survivor of a member described in
subsection (1) is entitled to the benefits of this
Act in so far as those benefits or equivalent
benefits are not provided to that survivor by
the government of the United Kingdom.
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| R.S., c. 37
(3rd Supp.),
s. 12
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227. The definition ``basic pension'' in
subsection 71.1(1) of the Act is replaced by
the following:
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| ``basic
pension'' « pension de base »
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``basic pension'' means the monthly pension
payable under Class 1 of Schedule I to a
pensioner without a spouse, common-law
partner or child;
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| R.S., c. 37
(3rd Supp.),
s. 12
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228. Subsection 71.2(3) of the Act is
replaced by the following:
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| Extension of
additional
compensation
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(3) Where a prisoner of war is in receipt of
additional compensation under subsection (2)
in respect of a spouse or common-law partner
who is living with the prisoner of war and the
spouse or common-law partner dies, except
where compensation is payable to the prisoner
of war under subsection 34(8), the additional
compensation in respect of the spouse or
common-law partner shall continue to be paid
for a period of one year from the end of the
month in which the spouse or common-law
partner died or, if the prisoner of war remarries
or marries, as the case may be, during that
period, until the date of remarriage or
marriage.
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| R.S., c. 16 (1st
Supp.),
s. 9(1)
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229. Subsection 72(5) of the Act is
replaced by the following:
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| Payment of
allowance on
death of
member
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(5) Where a member of the forces who has
been awarded an exceptional incapacity
allowance under this section dies, the
exceptional incapacity allowance shall, if that
member was a member to whom an additional
pension was, at the time of death, payable in
respect of the member's spouse, common-law
partner or child living with the member, be
paid for a period of one year commencing on
the first day of the month following the month
of the death, to the survivor, if living, or, if not
living, equally to any of the member's
children otherwise pensionable under this
Act.
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| R.S., c. 16 (1st
Supp.), s. 10
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230. Paragraph 74(b) of the Act is
replaced by the following:
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| 1995, c. 18,
s. 73
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231. Subsection 80(2) of the Act is
replaced by the following:
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| Exception
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(2) A survivor or child of a deceased
member of the forces who, at the time of the
member's death,
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need not make an application in respect of a
pension referred to in paragraph 21(1)(i) or
(2)(d) or subsection 34(6), (7) or (11) or 45(2),
(2.1), (3), (3.01) or (3.1) or an allowance
referred to in subsection 38(3) or 72(5).
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| 1990, c. 43,
s. 31
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232. Schedule II to the Act is amended by
replacing the section references after the
heading ``SCHEDULE II'', and the heading
``PENSIONS FOR SURVIVORS'', with the
following:
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(Sections 21, 34, 45, 46, 52, 53, 55, 70, 71,
75 and 78)
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PENSIONS FOR DEATH |
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233. Schedule II to the Act is amended by
replacing ``Surviving Spouse'' with
``Survivor''.
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234. Schedule III to the Act is amended by
replacing the section references after the
heading ``SCHEDULE III'' with the
following:
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(Sections 38, 72 and 75)
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235. The third paragraph of Schedule III
to the Act is repealed.
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| Replacement
of ``spouse''
with ``spouse
or
common-law
partner''
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236. The Act is amended by replacing
``spouse'' and ``Spouse'' with ``spouse or
common-law partner'' and ``Spouse or
Common-law Partner'', respectively, in the
following provisions:
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| Replacement
of ``conjoint''
with ``époux''
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237. The French version of the Act is
amended by replacing ``conjoint'' with
``époux'', with any grammatical changes
that the circumstances require, in the
following provisions:
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| Replacement
of ``surviving
spouse'' with
``survivor''
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238. The Act is amended by replacing
``surviving spouse'', ``surviving spouse's''
and ``surviving spouses'' with ``survivor'',
``survivor's'' and ``survivors'',
respectively, in the following provisions:
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