Pension Diversion Regulations (SOR/84-48)

Regulations are current to 2013-05-26

PRESCRIPTION OF ADDITIONAL DOCUMENTATION TO BE CONTAINED IN AN APPLICATION

 An application referred to in subsection 33(1) of the Act shall, in addition to containing the information required by section 3, be accompanied by the following documentation:

  • (a) where an applicant’s name is different from the name shown on the financial support order

    • (i) a certified copy of the certificate evidencing the change where a formal change of name has occurred, or

    • (ii) a statutory declaration by the person making the application as to the circumstances concerning the difference in any other case;

  • (b) where the financial support order identifies a child as entitled to support under the order and the child is an applicant, the child’s birth certificate or a certified copy thereof; and

  • (c) where an applicant is in the custody and control of another person, a certified copy of any relevant court order or a statutory declaration by the other person as to the circumstances concerning the custody and control of the applicant.

  • SOR/87-666, s. 2;
  • SOR/97-177, s. 3.

MAILING ADDRESS FOR APPLICATIONS

 An application referred to in subsection 33(1) of the Act shall be mailed,

  • (a) where the recipient was a member of the Canadian Forces, to

    The Minister of National Defence

    Director of Pay Services

    Attention: DPS4

    Department of National Defence

    Ottawa, Ontario

    K1A 0K2;

  • (b) where the recipient was a Judge to whom the Judges Act applies, to

    The Minister of Justice

    Attention: General Counsel, Legal Services

    Department of Public Works and Government Services

    Ottawa, Ontario

    K1A 0S5;

  • (c) where the recipient was a member of the Senate, to

    The Minister of Finance

    Attention: Director, Administration & Personnel

    The Senate

    Parliament Buildings

    Ottawa, Ontario

    K1A 0A4;

  • (d) where the recipient was a member of the House of Commons, to

    The Minister of Finance

    Attention: Manager

    House of Commons District Services Office

    Room 2310, Main Building

    Tunney’s Pasture

    Ottawa, Ontario

    K1A 1G7; and

  • (e) in any other case, or in cases of doubt, to

    The Minister of Public Works and Government Services

    Attention: General Counsel, Legal Services

    Department of Public Works and Government Services

    Ottawa, Ontario

    K1A 0S5

  •  SOR/97-177, s. 4.

APPLICATIONS RECEIVED FOR WHICH THERE IS NO RECIPIENT

 Where an application referred to in subsection 33(1) of the Act is received and the person named as a recipient in the application is not a recipient as defined by subsection 32(1) of the Act at that time, the application shall be retained by the Minister for a period of 12 months.

  • SOR/97-177, s. 5.