Pension Benefits Division Act

Marginal note:Regulations

16 The Governor in Council may, on the recommendation of the President of the Treasury Board, make regulations

• (a) prescribing the circumstances in which a person may make an application under subsection 4(1) on behalf of another person or may act on behalf of another person in prosecuting an application that has been made by that other person;

• (b) prescribing the circumstances in which the personal representative of a deceased member of a pension plan or of a deceased spouse or former spouse may make an application under subsection 4(1) or may proceed with an application that was made by the member, spouse or former spouse;

• (c) where regulations are made under paragraph (a) or (b), respecting the manner in which and the extent to which any provision of this Act applies to a person referred to in that paragraph or in the circumstances prescribed by those regulations, and adapting any provision of this Act to those persons or circumstances;

• (d) respecting the withdrawal of applications;

• (e) for the purposes of paragraph 8(1)(a), for determining, on the basis of generally accepted actuarial principles, the value of the pension benefits that have accrued to a member of a pension plan during the period subject to division;

• (f) for the purposes of paragraph 8(1)(b), respecting the adjustment of the pension benefits that have accrued to a member of a pension plan under that pension plan;

• (g) for the purposes of subsection 8(4), requiring interest to be paid on lump sum amounts and prescribing the rate of interest or the manner of determining the rate of interest;

• (h) for the purposes of subsection 8(6), for determining the effective date of the adjustment of pension benefits;

• (i) respecting the manner in which and the extent to which any provision of a pension plan or an Act under which a pension plan is established or by which a pension plan is provided, as amended from time to time, applies, notwithstanding the provisions of that pension plan or Act, to any member, spouse, former spouse, common-law partner, former common-law partner or other person in any case where a division of pension benefits is effected under section 8, and adapting any provision of that pension plan or Act to those persons;

• (j) respecting the charging of amounts payable under this Act to the Consolidated Revenue Fund, to a fund as defined in section 2 of the Public Sector Investment Board Act or to any account or accounts in the accounts of Canada;

• (k) respecting the provision of information to a spouse, former spouse, common-law partner or former common-law partner of a member of a pension plan under subsection 13(2);

• (l) prescribing any matter or thing that by this Act is to be or may be prescribed; and

• (m) generally as the Governor in Council may consider necessary for carrying out the purposes and provisions of this Act.