Pension Benefits Division Act (S.C. 1992, c. 46, Sch. II)

Act current to 2015-10-27 and last amended on 2003-09-01. Previous Versions

Pension Benefits Division Act

S.C. 1992, c. 46, Sch. II

Assented to 1994-09-30

Pension Benefits Division Act

[Enacted as Schedule II to 1992, c. 46, in force September 30, 1994, see SI/94-121.]


Marginal note:Short title

 This Act may be cited as the Pension Benefits Division Act.


Marginal note:Definitions

 In this Act,


« accord »

  “agreement” means an agreement referred to in subparagraph 4(2)(b )(ii);


« demande »

“application” means an application made under subsection 4(1);

“common-law partner”

« conjoint de fait »

  “common-law partner” means a person who establishes that the person is cohabiting with a member of a pension plan in a relationship of a conjugal nature, having so cohabited for a period of at least one year;

“court order”

« ordonnance »

“court order” means an order referred to in paragraph 4(2)(a) or subparagraph 4(2)(b)(i);


« participant »

“member”, in relation to a pension plan, means a person who is or may become entitled to a pension benefit under that pension plan by reason of

  • (a) the person ceasing or having ceased to be employed, to hold an office, to be a member of the Senate or House of Commons or to serve in the Canadian Forces or the Royal Canadian Mounted Police, or

  • (b) any other prescribed circumstances;


« ministre »

“Minister”, for the purposes of applications and other matters pertaining to a particular pension plan under this Act, means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council to act as the Minister for the purposes of those applications and matters;

“pension benefit”

« prestation de retraite »

“pension benefit” means any pension, allowance, annuity, return of contributions or other benefit or amount payable under a pension plan, and includes any benefit or amount payable under the Public Service Pension Adjustment Act, chapter P-33 of the Revised Statutes of Canada, 1970, or the Supplementary Retirement Benefits Act in respect of a pension, allowance or annuity payable under that pension plan;

“pension plan”

« régime »

“pension plan” means


Version anglaise seulement

“prescribed” means prescribed by regulation;

“spousal agreement”

“spousal agreement”[Repealed, 2000, c. 12, s. 243]


« époux »

  “spouse”, in relation to a member of a pension plan, includes a person who is party to a void marriage with the member.

  • 1992, c. 46, Sch. II, s. 2;
  • 2000, c. 12, s. 243.