Canada Pension Plan Regulations (C.R.C., c. 385)

54.1 For the purposes of determining whether an application for an assignment of a portion of a retirement pension under section 65.1 of the Act may be approved, the applicant shall, in the application or thereafter in writing when requested to do so by the Minister, set out or furnish the Minister with the information required under section 52, subject to such modifications as the circumstances may require, and with such of the following additional information or evidence as is applicable:

• (a) the name at birth and present name, the sex, address and Social Insurance Number of the applicant’s spouse or common-law partner;

• (b) the date and place of birth of the applicant’s spouse or common-law partner;

• (c) whether the applicant’s spouse or common-law partner is or was in receipt of or has applied for a benefit under the Act or under a provincial pension plan;

• (d) the date and place of marriage of the spouses and their certificate of marriage;

• (e) the month in which the spouses or common-law partners commenced to live together in a conjugal relationship;

• (f) the dates of any periods when the spouses or common-law partners did not live together and whether the separations or any of them were for any reason set out in paragraph 78(2)(a) or subsection 78.l(3);

• (g) documentary evidence of the dissolution of any previous marriage of the applicant, including the decree absolute of divorce, the judgment granting a divorce under the Divorce Act or the judgment of nullity; and

• (h) such additional documents, statements or records that are in the possession of, or are obtainable by, the applicant as will assist the Minister in ascertaining the accuracy of the information and evidence referred to in paragraphs (a) to (g).

• 54.2 (1) For the purposes of the Act,

  • (a) the effective date of the taking place of a division of unadjusted pensionable earnings is the last day of the month in which the information prescribed for the purposes of paragraph 55.1(1)(a) of the Act, and that is listed in subsection 54(2), is received by the Minister; or

  • (b) the effective date of the approval of a division of unadjusted pensionable earnings is the last day of the month in which the application referred to in paragraph 55.1(1)(b) or (c) of the Act is received.

• (2) The effective date of the attribution of pensionable earnings following the division is the first day of the month following the month in which the effective date of the taking place or approval of the division falls.

54.3 For the purposes of Part II of the Act, “wholly or substantially”, in respect of the cessation of paid employment or self-employment of an applicant referred to in paragraph 67(2)(c) or (d) of the Act or a contributor referred to in section 68.1 of the Act, means the cessation is absolute or is such that the applicant or contributor is no longer engaged in employment in respect of which the contributory salary and wages or contributory self-employed earnings yield an annual amount greater than 25% of the average of the Year’s Maximum Pensionable Earnings for the year in which the retirement pension would begin to be payable under paragraph 67(2)(c) or (d) of the Act and

• (a) if that year is before 1998, each of the two preceding years;

• (b) if that year is 1998, each of the three preceding years; or

• (c) if that year is after 1998, each of the four preceding years.