Pension Diversion Regulations (SOR/84-48)

Regulations are current to 2014-08-05

  •  (1) In this section, “applicant’s proportionate share” means, in respect of an applicant, the quotient obtained by dividing the amount specified in the financial support order of the applicant by the sum of the amounts specified in the financial support orders accompanying the two or more duly completed applications for diversion referred to in subsection (3) or (4).

  • (2) This section applies where two or more duly completed applications for diversion of a recipient’s net pension benefit are received before a diversion is made or where a diversion of a recipient’s net pension benefit is being made and another duly completed application for diversion of the pension benefit is received.

  • (3) Where two or more duly completed applications for diversion of a recipient’s net pension are received and the portion of the recipient’s net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act is, in respect of each applicant, the same, the amount of the net pension benefit to be diverted to each applicant shall be that portion of the net pension benefit multiplied by the applicant’s proportionate share, to a maximum of the amount specified in the financial support order of the applicant.

  • (4) Where two or more duly completed applications for diversion of a recipient’s net pension benefit are received and the portion of the recipient’s net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act is not, in respect of each applicant, the same, the amount of the net pension benefit to be diverted to each applicant shall be

    • (a) if the sum of the amounts specified in the financial support orders accompanying the applications is equal to or less than the net pension benefit, an amount equal to the amount that would be diverted to that applicant had that applicant been a sole applicant under the Act; or

    • (b) if the sum of the amounts specified in the financial support orders accompanying the applications is greater than the net pension benefit, the net pension benefit multiplied by each applicant’s proportionate share, to a maximum of the net pension benefit that would be diverted to that applicant had that applicant been a sole applicant under the Act.

  • (5) Where the amount of the recipient’s net pension benefit to be diverted to an applicant pursuant to paragraph (4)(b) is less than the maximum referred to in that paragraph, the amount, not to exceed that maximum, to be diverted to that applicant shall be equal to

    • (a) the amount diverted to that applicant pursuant to paragraph (4)(b); and

    • (b) the amount of the difference, if any, between the sum of the amounts to be diverted to each applicant from that net pension benefit pursuant to paragraph (4)(b) and the net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act.

  • SOR/85-511, s. 2;
  • SOR/97-177, s. 8.

 [Repealed, SOR/97-177, s. 9]

APPLICATIONS FOR VARIATION OR TERMINATION

  •  (1) An application, pursuant to subsection 41(1) of the Act, for a variation in the amount being diverted with respect to a diversion may be made on the grounds that

    • (a) the financial support order on which the diversion is based has been varied or replaced by another financial support order that would change the amount to be diverted as calculated in accordance with the Act and these Regulations;

    • (b) there is a change in the applicant’s or recipient’s place of ordinary residence that would change the amount to be diverted as calculated in accordance with the Act and these Regulations;

    • (c) there is a change in the status of a person on whose behalf diversion payments are being made to another person;

    • (d) there is a change in a condition of payment specified in the financial support order on which the diversion is based that changes the amount to be paid pursuant to the order; or

    • (e) a written request to reduce the amount being diverted has been made by and signed by the applicant or the person to whom diversion payments are being made for the benefit of the applicant.

  • (2) An application, pursuant to subsection 41(1) of the Act, for termination of a diversion may be made on the grounds that

    • (a) there is a change in a condition of payment specified in the financial support order on which the diversion is based that has the effect of terminating the order;

    • (b) the order is terminated, rescinded or nullified by another order or a judgment of a court; or

    • (c) a written request to terminate the diversion has been made by and signed by the applicant or the person to whom diversion payments are being made for the benefit of the applicant.

  • (3) An application referred to in subsection (1) or (2) shall contain

    • (a) a written request for a variation in the amount being diverted or for termination of the diversion, as the case may be,

    • (b) sufficient information to enable the Minister to identify the applicant and recipient,

    • (c) a statement of the grounds for the application, and

    • (d) written evidence of the facts alleged concerning the application sufficient to permit the Minister to ascertain the truth of the facts,

    and shall be signed by or on behalf of the applicant or recipient.

  • SOR/87-666, s. 3(E);
  • SOR/97-177, s. 10.