Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2019-11-19 and last amended on 2003-09-01. Previous Versions

Application for Division (continued)

Marginal note:Interested party may object

  •  (1) An interested party who objects to the division of the pension benefits on any of the grounds described in subsection (2) may submit a notice of objection in writing to the Minister within sixty days after the day on which notice of the receipt of the application is deemed under subsection 5(3) to be received by that party.

  • Marginal note:Grounds for objection

    (2) The grounds for objection are

    • (a) that the court order or agreement has been varied or is of no force or effect;

    • (b) that the terms of the court order or agreement have been or are being satisfied by other means; or

    • (c) that proceedings have been commenced in a court in Canada of competent jurisdiction to appeal or review the court order or challenge the terms of the agreement.

  • Marginal note:Documentary evidence

    (3) An interested party who submits a notice of objection shall include with that notice documentary evidence to establish the grounds for objection.

  • 1992, c. 46, Sch. II, s. 6
  • 2000, c. 12, s. 251(E)

Division

Marginal note:Approval of division

  •  (1) Subject to subsections (2) and (3), the Minister shall, as soon as is practicable after the Minister is satisfied that an application meets the requirements of this Act, approve the division of the pension benefits for which the application is made.

  • Marginal note:If notice of objection is submitted

    (2) If an interested party submits a notice of objection to the Minister in accordance with section 6, the Minister shall

    • (a) where the grounds for objection are the grounds referred to in paragraph 6(2)(a) or (b), defer any decision on the application until such time as the Minister is able to ascertain to the Minister’s satisfaction whether those grounds have been established; and

    • (b) where the grounds for objection are the grounds referred to in paragraph 6(2)(c), defer any decision on the application until the final disposition of the proceedings on which those grounds are based.

  • Marginal note:Minister shall refuse approval

    (3) The Minister shall refuse to approve the division of the pension benefits if

    • (a) the application is withdrawn in accordance with the regulations;

    • (b) where an interested party submits a notice of objection to the Minister in accordance with section 6 and the grounds for objection are the grounds referred to in paragraph 6(2)(a) or (b), the Minister is satisfied that those grounds have been established and that they provide sufficient reason to refuse the division;

    • (c) where an interested party submits a notice of objection to the Minister in accordance with section 6 and the grounds for objection are the grounds referred to in paragraph 6(2)(c), the court order or agreement is of no force or effect as a result of the proceedings on which those grounds are based;

    • (d) the period subject to division cannot be determined under subsection 8(2) or (3); or

    • (e) the Minister is satisfied, based on evidence submitted to the Minister, that it would not be just to approve the division.

  • Marginal note:Exception

    (4) Notwithstanding subsection (3), the Minister may approve the division of the pension benefits on the basis of an order of a court issued pursuant to any proceedings referred to in paragraph 6(2)(c).

  • Marginal note:Transitional

    (5) The Minister may approve the division of the pension benefits notwithstanding that the court order or agreement on which the application is based was made or entered into before the day on which subsection 4(1) comes into force.

  • 1992, c. 46, Sch. II, s. 7
  • 2000, c. 12, s. 251(E)

Marginal note:Division

  •  (1) A division of pension benefits shall be effected by

    • (a) subject to subsection (4), transferring an amount representing fifty per cent of the value of the pension benefits that have accrued to the member of the pension plan during the period subject to division, as determined in accordance with the regulations, to the spouse, former spouse or former common-law partner, if that pension plan is a retirement compensation arrangement, or, in any other case, to

      • (i) a pension plan selected by the spouse, former spouse or former common-law partner that is registered under the Income Tax Act, if that pension plan so permits,

      • (ii) a retirement savings plan or fund for the spouse, former spouse or former common-law partner that is of the prescribed kind, or

      • (iii) a financial institution authorized to sell immediate or deferred life annuities of the prescribed kind, for the purchase from that financial institution of such an annuity for the spouse, former spouse or former common-law partner; and

    • (b) adjusting, in accordance with the regulations, the pension benefits that have accrued to the member of the pension plan under that pension plan, notwithstanding the provisions of that pension plan or the Act under which it is established or by which it is provided.

  • Marginal note:Determination of period subject to division

    (2) For the purposes of subsection (1) but subject to subsection (3), the period subject to division is

    • (a) the period specified by the court order or agreement as the period during which the member of the pension plan and the spouse, former spouse or former common-law partner cohabited; or

    • (b) where the court order or agreement does not specify a period as described in paragraph (a), such period as may be determined by the Minister, on the basis of evidence submitted by either of the interested parties or by both, as being the period during which the member of the pension plan and the spouse, former spouse or former common-law partner cohabited.

  • Marginal note:Idem

    (3) For the purposes of subsection (1), where the application is based on a court order and the order provides that pension benefits that have accrued to the member of the pension plan during a period specified in the order are to be divided, the period specified in the order is the period subject to division.

  • Marginal note:Lump sum payment

    (4) If the court order or agreement provides, or the interested parties agree, that the terms of the court order or agreement shall be satisfied by the payment of a lump sum amount and that lump sum amount, together with such interest as may be required by the regulations, is less than the amount that would otherwise be transferred in accordance with paragraph (1)(a), that lump sum amount, together with that interest, shall be transferred in accordance with that paragraph in lieu of the greater amount.

  • Marginal note:Death

    (5) An amount that cannot be transferred in accordance with paragraph (1)(a) by reason only of the death of the spouse, former spouse or former common-law partner shall be paid to their estate or succession.

  • Marginal note:Effective date of adjustment

    (6) The adjustment of pension benefits required by paragraph (1)(b) shall be effective as of the date determined in accordance with the regulations, which date may be before the date on which the adjustment is actually made.

  • Marginal note:Notice of division

    (7) The Minister shall send a notice of the division of the pension benefits in the prescribed manner to each interested party.

  • 1992, c. 46, Sch. II, s. 8
  • 2000, c. 12, ss. 245, 249, 250(E), 251(E), 252(F), 253(F)

Marginal note:Further divisions precluded

 Where a division of pension benefits that have accrued to a member of a pension plan during any period is effected under section 8, no further divisions may be made under that section in respect of that period.

General

Marginal note:Amounts transferred in error

 If the amount transferred in respect of a spouse, former spouse or former common-law partner or paid to their estate or succession under section 8 exceeds the amount that the spouse, former spouse or former common-law partner was entitled to have transferred or the estate or succession was entitled to be paid, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that spouse, former spouse, former common-law partner, estate or succession.

  • 1992, c. 46, Sch. II, s. 10
  • 2000, c. 12, s. 246

Marginal note:Amounts paid before adjustment

 Where an adjustment is made under paragraph 8(1)(b) and an amount is or has been paid to a member of a pension plan that exceeds the amount to which that member is or would have been entitled under that pension plan after the effective date of that adjustment, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that member and may be recovered at any time by set-off against any pension benefit that is payable to that member under any pension plan, without prejudice to any other recourse available to Her Majesty in right of Canada with respect to the recovery thereof.

Marginal note:Void transactions

  •  (1) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to have transferred under section 8 are not capable of being assigned, charged, anticipated or given as security, and any transaction that purports to assign, charge, anticipate or give as security any such amount is void.

  • Marginal note:Exemption from attachment, etc.

    (2) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to have transferred under section 8 are exempt from attachment, seizure and execution, either at law or in equity.

  • 1992, c. 46, Sch. II, s. 12
  • 2000, c. 12, s. 249
 
Date modified: