Division of Judges’ Annuity Benefits Regulations (SOR/2008-252)

Regulations are current to 2017-12-11 and last amended on 2008-10-01. Previous Versions

Marginal note:Election to wait for share of annuity benefits
  •  (1) To make an election under subsection 52.14(4) of the Act, a judge’s spouse, former spouse or former common-law partner must send to the annuity administrator a notice indicating that person’s election to receive at the time described in that subsection a share of the annuity referred to in that subsection, to be paid in lieu of the share of the judge’s annuity benefits referred to in subsection 52.14(3) or (3.1) of the Act.

  • Marginal note:Time for sending notice

    (2) The notice must be sent no later than the 30th day after the day on which the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act is sent.

  • Marginal note:Cancellation of election

    (3) The spouse, former spouse or former common-law partner may, within the same period and in the same manner, cancel the election.

  • Marginal note:Notice to judge

    (4) The annuity administrator must notify the judge of the election and cancellation.

Marginal note:Withdrawal of application

 An application may be withdrawn by sending a notice to the annuity administrator no later than the 30th day after the day on which the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act is sent.

Provision of Information

Provision of Information to Spouse, Common-law Partner, Former Spouse or Former Common-law Partner

Marginal note:To whom request for information is made
  •  (1) A request by a spouse, common-law partner, former spouse or former common-law partner of a judge under section 52.21 of the Act to obtain information concerning the benefits that are or may become payable to or in respect of the judge under the Act must be made to the annuity administrator.

  • Marginal note:Documents required

    (2) The request must be accompanied by the following documents:

    • (a) if there is a court order or agreement, the original or a certified true copy of the court order or agreement, and if the appeal or review proceedings referred to in paragraph 52.12(2)(c) of the Act has been commenced in respect of the period during which the judge and the spouse, common-law partner, former spouse or former common-law partner cohabited, a statutory declaration by the spouse, common-law partner, former spouse or former common-law partner that meets the requirements set out in subsection (3); and

    • (b) if the court order or agreement does not specify the period during which the judge and the spouse, common-law partner, former spouse or former common-law partner cohabited or if there is no court order or agreement, a statutory declaration by the spouse, common-law partner, former spouse or former common-law partner that meets the requirements set out in subsection (3).

  • Marginal note:Content of statutory declaration

    (3) The statutory declaration must state the date on which the judge and the spouse, common-law partner, former spouse or former common-law partner began to cohabit and the date on which they ceased to cohabit or, if they have not ceased to cohabit, that it is the intention of the spouse or common-law partner to cease to cohabit.

Marginal note:Information to be provided
  •  (1) The information that the Minister is to provide in response to a request is the following:

    • (a) the date on which the information is prepared;

    • (b) the date on which the judge

      • (i) would be granted an annuity under subsection 42(1) of the Act if he or she ceased to hold office,

      • (ii) would have been granted an annuity under paragraph 42(1)(a), (b), (d) or (e) of the Act if he or she had ceased to hold office and had not been granted an earlier annuity under paragraph 42(1)(c) of the Act, or

      • (iii) was granted an annuity under subsection 42(1) or section 43.1 of the Act;

    • (c) the period subject to division;

    • (d) if, on the date on which the information is prepared, the judge would not be granted an annuity if he or she ceased to hold office or if, on valuation day, as determined in accordance with section 19, the judge would not have been granted an annuity if he or she had ceased to hold office, the amount of contributions made by him or her under section 50 of the Act during the period subject to division and the interest on the contributions calculated under subsection 51(4) of the Act;

    • (e) an estimate of the amount of the annuity that the judge would be granted if he or she ceased to hold office on the last day of the period subject to division or that he or she would have been granted if he or she had ceased to hold office on valuation day, as determined in accordance with section 19; and

    • (f) an estimate of the share of annuity benefits that would be determined in accordance with subsection 52.14(1) of the Act on valuation day, as determined in accordance with section 19.

  • Marginal note:Period during which interested parties cohabited

    (2) For the determination of the period subject to division referred to in paragraph (1)(c), if no division of annuity benefits between the interested parties has been approved by the Minister and if the period during which the interested parties cohabited is not specified in a court order or agreement, the period during which the interested parties cohabited begins and ends on the dates stated in the statutory declaration referred to in subsection 13(3). If the judge and the spouse, former spouse or common-law partner have not ceased to cohabit, the period ends on the last day of the month before the month in which the request is made.

  • Marginal note:Approval of division of annuity benefits

    (3) If a division of annuity benefits between the interested parties has been approved by the Minister, the period during which the interested parties cohabited is the period that was determined for the purposes of the division.

Marginal note:Request may be refused

 The Minister may refuse a request for information if a similar request made by the same person has been responded to within the preceding 12 months unless, since that previous request,

  • (a) the judge and that person have ceased to cohabit;

  • (b) the judge or that person has begun proceedings in relation to separation, divorce or annulment of marriage;

  • (c) the judge and that person have entered into an agreement or have obtained a court order; or

  • (d) the years of service as a judge included in the period subject to division have been amended.

Administrative Error or Erroneous Information

Marginal note:Notice of error — interested party or common-law partner
  •  (1) If the judge, spouse, common-law partner, former spouse or former common-law partner believes that an administrative error has been committed or that erroneous information has been provided to him or her in the administration of these Regulations or sections 52.1 to 52.21 of the Act and that the error or the erroneous information is likely to affect his or her rights under the Act, he or she may notify the annuity administrator of the error or erroneous information.

  • Marginal note:Notice of error — annuity administrator

    (2) If the annuity administrator agrees — or becomes aware — that an administrative error has been committed or that erroneous information has been provided in the administration of these Regulations or sections 52.1 to 52.21 of the Act and if the error or the erroneous information is likely to affect the judge’s, spouse’s, common-law partner’s, former spouse’s or former common-law partner’s rights under the Act, the annuity administrator must without delay notify the following persons:

    • (a) if a request for information has been made under section 52.21 of the Act, the person who made it; and

    • (b) if an application has been made, the interested parties.

  • Marginal note:Correction

    (3) The notice by the annuity administrator must contain the corrected information. It must also be accompanied by a revised notice of the division of annuity benefits if the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act has been sent already, but no share of the annuity benefits has been accorded under subsection 52.15(1) of the Act.

  • Marginal note:According of share delayed

    (4) No share of the annuity benefits may be accorded under subsection 52.15(1) of the Act after the revised notice of the division is sent and before the expiry of the time period set out in section 17.

Marginal note:Withdrawal of application or cancellation of election

 Within 30 days after the day on which the revised notice of the division of annuity benefits is sent

  • (a) the applicant may withdraw the application by sending a notice to the annuity administrator; or

  • (b) a spouse, former spouse or former common-law partner may, by sending a notice to the annuity administrator, cancel the election that he or she made under subsection 52.14(4) of the Act before the revised notice was received or make an election under that subsection.

Valuation of the Share of Annuity Benefits to Be Accorded to Spouse, Former Spouse or Former Common-law Partner

Marginal note:Date share of annuity benefits is to be accorded

 As soon as the annuity administrator has received all of the necessary documents and information, he or she must set the earliest practicable date for according the share of the annuity benefits to the spouse, former spouse or former common-law partner.

Marginal note:Valuation day
  •  (1) For the purposes of sections 20 to 23, 25, 27 and 28, valuation day is the day on which the share of the annuity benefits to be accorded to the spouse, former spouse or former common-law partner is determined and it corresponds, in the following cases, to the earlier of the expected date for according the share and the 90th day after the approval of the division of annuity benefits by the Minister:

    • a) the judge’s spouse, former spouse or former common-law partner does not make the election under subsection 52.14(4) of the Act; or

    • b) the judge’s spouse, former spouse or former common-law partner makes that election and the time described in that subsection falls no later than the 90th day after the approval by the Minister.

  • Marginal note:Valuation day — election under subsection 52.14(4) of the Act

    (2) If the judge’s spouse, former spouse or former common-law partner makes the election under subsection 52.14(4) of the Act and the time described in that subsection falls after the 90th day after the approval of the division of annuity benefits by the Minister, valuation day corresponds to the earlier of the expected date for according the share and the 30th day after the time described in that subsection.

 
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