Pension Benefits Division Act

Marginal note:Application

• 4 (1) A member of a pension plan or a spouse or former spouse of a member may, in the circumstances described in subsection (2), apply to the Minister to divide the member’s pension benefits between the member and the spouse or former spouse.

• Marginal note:Circumstances in which application may be made

  (2) The circumstances in which an application may be made are:

  • (a) where a court in Canada of competent jurisdiction, in proceedings in relation to divorce, annulment of marriage or separation, makes an order that provides for the pension benefits to be divided between the member and the spouse or former spouse; or

  • (b) where the member and the spouse or former spouse have lived separate and apart for a period of one year or more and, either before or after they commenced to live separate and apart,

    • (i) a court in Canada of competent jurisdiction makes an order that provides for the pension benefits to be divided between them, or

    • (ii) the member and the spouse or former spouse have entered into a written agreement that provides for the pension benefits to be divided between them.

• Marginal note:Calculation of period of separation

  (3) For the purposes of paragraph (2)(b),

  • (a) the member and the spouse or former spouse are deemed to have lived separate and apart for any period during which they lived apart and either of them had the intention to live separate and apart from the other; and

  • (b) a period during which the member and the spouse or former spouse have lived separate and apart shall not be considered to have been interrupted or terminated by reason only

    • (i) that the member or the spouse or former spouse has become incapable of forming or having an intention to continue to live separate and apart or of continuing to live separate and apart of the member’s or the spouse’s or former spouse’s own volition, if it appears to the Minister that the separation would probably have continued if the member or the spouse or former spouse had not become so incapable, or

    • (ii) that the member and the spouse or former spouse have resumed cohabitation during a period of, or periods totalling, not more than ninety days with reconciliation as its primary purpose.

• Marginal note:Form of application, etc.

  (4) An application must

  • (a) be made in writing and contain the prescribed information; and

  • (b) be accompanied by a certified true copy of the court order or spousal agreement and such other documents as are prescribed.