5. A person may make an application on behalf of an interested party or may act on behalf of an interested party in prosecuting an application where the interested party is incapable of managing their own affairs.

6. If the spouse, former spouse or former common-law partner of a deceased member makes an application, he or she shall submit to the Minister a statutory declaration stating that the terms of the court order or agreement have not been or are not being satisfied by other means.

7. An applicant may, by notice in writing to the Minister, withdraw the application at any time before a transfer is effected pursuant to paragraph 8(1)(a) of the Act.

8. The notice referred to in subsections 5(1) and 8(7) of the Act shall be sent by the Minister by registered mail.

• 9. (1) A request for information referred to in subsection 13(2) of the Act shall be in writing and be accompanied by

  • (a) if there is a court order or agreement,

    • (i) a certified true copy of the court order or agreement, and

    • (ii) in the following circumstances, a statutory declaration by the spouse or former spouse or common-law partner or former common-law partner that meets the requirements set out in subsection (2):

      • (A) the court order or agreement does not specify the period of cohabitation or the period subject to division, or

      • (B) an appeal or review referred to in paragraph 6(2)(c) of the Act has been commenced in respect of the period of cohabitation or the period subject to division;

  • (b) if there is no court order or agreement, a statutory declaration by the spouse or former spouse or common-law partner or former common-law partner that meets the requirements set out in subsection (2).

• (2) The statutory declaration must state

  • (a) in the case of a spouse or former spouse, the date of marriage and the date on which he or she ceased to cohabit with the member or, if the spouse and member have not ceased to cohabit, that it is his or her intention to cease cohabiting; and

  • (b) in the case of a common-law partner or former common-law partner, the date on which he or she began to cohabit with the member in a relationship of a conjugal nature and the date on which that cohabitation ceased or, if the common-law partner and member have not ceased to cohabit, that it is his or her intention to cease cohabiting.

9.1 In sections 10 to 12, “parties” means the member and the spouse, former spouse, common-law partner or former common-law partner who makes a request for information under subsection 13(2) of the Act.

• 10. (1) Subject to subsection (3), the following is the information to be provided by the Minister in response to a request under subsection 13(2) of the Act:

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

  • (b) the day on which the member

    • (i) first received a pension other than a pension by reason of disability,

    • (ii) will be eligible to receive a pension that is not reduced on account of age, or

    • (iii) would have received a pension that is not reduced on account of age had the member not become entitled to a pension by reason of disability;

  • (c) the period subject to division;

  • (d) if the member is not vested on the day on which the information is prepared, the amount of contributions made by the member in respect of pensionable service accrued during the period subject to division and the interest on the contributions;

  • (e) the amount paid by the member during the period subject to division in respect of any period of elective service and the period of service included in the period subject to division, determined in accordance with paragraph 2(3)(b);

  • (f) the amount of the member’s division annuity;

  • (g) any period of pensionable service credited to the member under a reciprocal transfer agreement or a pension transfer agreement in respect of the period subject to division, determined in accordance with paragraph 2(3)(d);

  • (h) the amount of any minimum death benefit payable on the death of the member in respect of the period subject to division, determined as though there were no surviving spouse, surviving common-law partner or dependent children;

  • (i) the amount of the supplementary death benefit payable on the death of the member, determined as of the day on which the information is prepared;

  • (j) the amount that would be determined in accordance with paragraph 8(1)(a) of the Act if valuation day were the day on which the information was prepared; and

  • (k) any period of service credited to the member by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, determined in accordance with paragraph 2(3)(e).

• (2) For the purposes of subsection (1), if the period subject to division cannot be determined under paragraph 8(2)(a) of the Act, the period subject to division begins on the day of marriage or, in the case of common-law partners, on the day on which they began to cohabit in a relationship of a conjugal nature, and ends

  • (a) on the day on which the parties ceased to cohabit, as stated in the statutory declaration referred to in subsection 9(2); or

  • (b) on the last day of the month preceding the month in which the request for information is made, if the parties have not ceased to cohabit.

• (3) The following is the information to be provided by the Minister in response to a request under subsection 13(2) of the Act made after the division of the member’s pension benefits under the plan in respect of which the request is made:

  • (a) the period subject to division;

  • (b) where the member was not vested on valuation day, the amount of contributions made by the member in respect of pensionable service accrued during the period subject to division and the interest on the contributions;

  • (c) the amount paid by the contributor during the period subject to division in respect of any period of elective service and the period of service included in the period subject to division, determined in accordance with paragraph 2(3)(b);

  • (d) the amount of the member’s division annuity on valuation day;

  • (e) any period of pensionable service credited to the member under a reciprocal transfer agreement or a pension transfer agreement in respect of the period subject to division, determined in accordance with paragraph 2(3)(d);

  • (f) the amount of any minimum death benefit that, on valuation day, would have been payable on the death of the member in respect of the period subject to division, determined as though there were no surviving spouse, surviving common-law partner or dependent children;

  • (g) the amount that, but for subsection 8(4) of the Act, would have been transferred in accordance with paragraph 8(1)(a) of the Act; and

  • (h) any period of service credited to the member by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, determined in accordance with paragraph 2(3)(e).