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Pension Diversion Regulations

Version of section 3 from 2020-12-23 to 2024-06-11:

  •  (1) An application referred to in subsection 33(1) of the Act shall be signed by the applicant or the person or provincial enforcement service making the application on the applicant’s behalf and shall contain the following information:

    • (a) in respect of a recipient,

      • (i) the recipient’s

        • (A) surname and given names,

        • (B) date of birth,

        • (C) most recent address known to the applicant or the person or provincial enforcement service making the application and the year that the recipient was known to reside at that address,

        • (D) social insurance number or regimental number, if known,

        • (E) previous surname, if applicable,

        • (F) pension, annuity or superannuation number, if known,

        • (G) most recent place of employment in the public service of Canada known to the applicant or the person or provincial enforcement service making the application, and

        • (H) most recent year of employment in the public service of Canada known to the applicant or the person or provincial enforcement service making the application,

      • (ii) each enactment referred to in the schedule to the Act pursuant to which a pension benefit is payable to the recipient, if known, and

      • (iii) any other information that would aid in establishing the recipient’s identification;

    • (b) in respect of an applicant, the applicant’s

      • (i) surname and given names,

      • (ii) place of residence at the time the application is made, and

      • (iii) mailing address;

    • (c) where the applicant is in the custody and control of another person, the full name and address of the other person;

    • (d) where the application is made on behalf of the applicant by another person or a provincial enforcement service, that person’s or provincial enforcement service’s full name, address and legal relationship to the applicant;

    • (e) where a diversion payment is to be made to a person designated in a financial support order, other than the applicant, the full name and address of that person;

    • (f) the amount payable under the financial support order by way of either periodic payments or lump sum payment, or a combination of both, at the time the application is made; and

    • (g) a declaration that the information in the application is correct and that the information was provided for the purpose of applying for a diversion of a pension benefit under the Act.

  • (2) If an applicant or a person or provincial enforcement service making an application is unable to provide the recipient’s date of birth but provides other information sufficient to enable the Minister to identify the recipient within a reasonable time, the requirement that the application contain the recipient’s date of birth shall be waived.

  • SOR/85-511, s. 1
  • SOR/87-666, s. 1
  • SOR/97-177, s. 2
  • SOR/2020-265, s. 14

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