Pension Benefits Division Act

Marginal note:Approval of division

• 7 (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  • (a) the application is withdrawn in accordance with the regulations;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 spousal 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 spousal agreement on which the application is based was made or entered into before the day on which subsection 4(1) comes into force.