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Pension Diversion Regulations (SOR/84-48)

Regulations are current to 2022-11-16 and last amended on 2020-12-23. Previous Versions

Pension Diversion Regulations

SOR/84-48

GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACT

Registration 1983-12-22

Pension Diversion Regulations

P.C. 1983-4086 1983-12-22

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to sections 22, 24, 25, 27 and 36 of the Garnishment, Attachment and Pension Diversion ActFootnote *, is pleased hereby to make the annexed Regulations respecting diversion of pension benefits to satisfy financial support orders.

 [Repealed, SOR/2020-265, s. 12]

Definitions

 The definitions in this section apply in these Regulations.

Act

Act means the Garnishment, Attachment and Pension Diversion Act. (Loi)

plan member

plan member means a person who is or may be entitled to a pension benefit under the Public Service Superannuation Act, under Part I of the Canadian Forces Superannuation Act or under the Reserve Force Pension Plan Regulations and against whom there is a financial support order. (participant au régime)

Prescription of Information To Be Contained in an Application

  •  (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.

Prescription of Additional Documentation To Be Contained in an Application

 An application referred to in subsection 33(1) of the Act shall be accompanied by the following documentation:

  • (a) where an applicant’s name is different from the name shown on the financial support order

    • (i) a certified copy of the certificate evidencing the change where a formal change of name has occurred, or

    • (ii) a statutory declaration by the person making the application as to the circumstances concerning the difference in any other case;

  • (b) [Repealed, SOR/2020-265, s. 15]

  • (c) where an applicant is in the custody and control of another person, a certified copy of any relevant court order or a statutory declaration by the other person as to the circumstances concerning the custody and control of the applicant; and

  • (d) a certified copy of the financial support order or, if the application is made by a provincial enforcement service, a copy of that order.

  •  (1) A statement of arrears of maintenance, alimony or support submitted under subsection 33(2.2) of the Act shall contain the following information:

    • (a) the recipient’s given names and surname;

    • (b) the applicant’s given names and surname;

    • (c) if known, the recipient’s social insurance number and date of birth;

    • (d) if known, the recipient’s pension, annuity or superannuation number;

    • (e) the amount of the arrears, including interest; and

    • (f) a declaration made by the provincial enforcement service that the information in the statement is correct and that the information was provided for diversion of a pension benefit under the Act.

  • (2) The statement of arrears may accompany the application made under subsection 33(1) of the Act or may be submitted later in accordance with section 5.

Mailing Address for Applications

  •  (1) An application referred to in subsection 33(1) of the Act and a statement of arrears of maintenance, alimony or support shall be sent to the applicable address, as follows:

    • (a) if the recipient was a member of the Canadian Forces

      • Minister of Public Works and Government Services
      • Government of Canada Pension Centre – Mail Facility
      • 150 Dion Boulevard
      • P.O. Box 9500
      • Matane, Quebec G4W 0H3;
    • (b) if the recipient was a judge or prothonotary to whom the Judges Act applies

      • Minister of Justice
      • Attention: General Counsel, Legal Services
      • Office of the Commissioner for Federal Judicial Affairs
        99 Metcalfe Street, 8th Floor
      • Ottawa, Ontario K1A 1E3;
    • (c) if the recipient was a member of the Senate

      • President of the Treasury Board
      • Attention: Human Resources, Senate of Canada
      • Parliament Buildings
      • Ottawa, Ontario K1A 0A4;
    • (d) if the recipient was a member of the House of Commons

      • Minister of Public Works and Government Services
      • Attention: Pension and Entitlement Officer – Members of Parliament Retiring Allowances
      • Government of Canada Pension Centre
      • P.O. Box 5155
      • Shediac, New Brunswick E4P 8T9;
    • (e) if the recipient was a member of the Royal Canadian Mounted Police

      • Minister of Public Works and Government Services
      • Government of Canada Pension Centre – Mail Facility
      • 150 Dion Boulevard
      • P.O. Box 8500
      • Matane, Quebec G4W 0E2; and
    • (f) in any other case, or in cases of doubt

      • Minister of Public Works and Government Services
      • Government of Canada Pension Centre – Mail Facility
      • 150 Dion Boulevard
      • P.O. Box 8000
      • Matane, Quebec G4W 4T6.
  • (2) The application and statement of arrears may be sent by mail, registered mail or any means of electronic communication that is agreed to by the Minister.

Applications Received for Which There is no Recipient

 Where an application referred to in subsection 33(1) of the Act is received and the person named as a recipient in the application is not a recipient as defined by subsection 32(1) of the Act at that time, the application shall be retained by the Minister for a period of 12 months.

  • SOR/97-177, s. 5

Prescription of Information To Be Contained in and Manner of Sending a Notification to Recipient

 A notification referred to in section 34 of the Act shall

  • (a) contain a statement that

    • (i) a duly completed application for diversion of the recipient’s pension benefit has been made on behalf of named persons, domiciled and habitually resident at the time of the application in a stated province, territory or foreign country or place,

    • (ii) the address of the recipient stated in the notification is the address that will be used by the Minister for purposes of any diversion,

    • (iii) a diversion of a stated amount or stated portion of the net pension benefit will be made for the benefit of the applicant no later than a stated date, and

    • (iv) the recipient may at any time apply to the Minister in accordance with the Act and these Regulations for a variation or termination of the diversion;

  • (b) be accompanied by a copy of the financial support order on which the application is based and the statement of arrears of maintenance, alimony or support, if any; and

  • (c) be sent

    • (i) if the recipient’s latest known address is in Canada, by mail, registered mail with an acknowledgement of receipt or any means of electronic communication, and

    • (ii) in any other case, by air mail or other similar means.

Amount To Be Diverted

 Where a recipient’s pension benefit consists of both a lump sum payment and periodic payments and the lump sum payment is payable in advance of any periodic payment, the amount to be diverted from the recipient’s net pension benefit shall be determined in accordance with the relevant provisions of the Act as if there were only one such type of payment at the relevant time.

 Where a recipient’s pension benefit consists of both a lump sum payment and periodic payments and the lump sum payment is payable at the same time as any periodic payment, the amount to be diverted from the recipient’s net pension benefit shall be governed by the following rules:

  • (a) where the relevant financial support order provides only for a lump sum payment, the amount specified in the order shall first be satisfied out of the lump sum portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and, if any amount thereof remains unsatisfied, that amount shall be treated as a new lump sum payment to be satisfied in accordance with section 37 of the Act as if the recipient’s pension benefit consisted only of periodic payments;

  • (b) where the relevant financial support order provides only for periodic payments, the payments shall be satisfied out of the periodic payments of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments; and

  • (c) where the relevant financial support order provides for both a lump sum payment and periodic payments, the lump sum payment portion shall be satisfied out of the lump sum payment portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of a lump sum payment and the periodic payments shall be satisfied out of the periodic payments portion of the recipient’s net pension benefit in accordance with section 36 of the Act as if the recipient’s pension benefit consisted only of periodic payments.

  •  (1) In this section, applicant’s proportionate share means, in respect of an applicant, the quotient obtained by dividing the amount specified in the financial support order of the applicant by the sum of the amounts specified in the financial support orders accompanying the two or more duly completed applications for diversion referred to in subsection (3) or (4).

  • (2) This section applies where two or more duly completed applications for diversion of a recipient’s net pension benefit are received before a diversion is made or where a diversion of a recipient’s net pension benefit is being made and another duly completed application for diversion of the pension benefit is received.

  • (3) Where two or more duly completed applications for diversion of a recipient’s net pension are received and the portion of the recipient’s net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act is, in respect of each applicant, the same, the amount of the net pension benefit to be diverted to each applicant shall be that portion of the net pension benefit multiplied by the applicant’s proportionate share, to a maximum of the amount specified in the financial support order of the applicant.

  • (4) Where two or more duly completed applications for diversion of a recipient’s net pension benefit are received and the portion of the recipient’s net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act is not, in respect of each applicant, the same, the amount of the net pension benefit to be diverted to each applicant shall be

    • (a) if the sum of the amounts specified in the financial support orders accompanying the applications is equal to or less than the net pension benefit, an amount equal to the amount that would be diverted to that applicant had that applicant been a sole applicant under the Act; or

    • (b) if the sum of the amounts specified in the financial support orders accompanying the applications is greater than the net pension benefit, the net pension benefit multiplied by each applicant’s proportionate share, to a maximum of the net pension benefit that would be diverted to that applicant had that applicant been a sole applicant under the Act.

  • (5) Where the amount of the recipient’s net pension benefit to be diverted to an applicant pursuant to paragraph (4)(b) is less than the maximum referred to in that paragraph, the amount, not to exceed that maximum, to be diverted to that applicant shall be equal to

    • (a) the amount diverted to that applicant pursuant to paragraph (4)(b); and

    • (b) the amount of the difference, if any, between the sum of the amounts to be diverted to each applicant from that net pension benefit pursuant to paragraph (4)(b) and the net pension benefit subject to diversion pursuant to sections 36 to 40.1 of the Act.

  • SOR/85-511, s. 2
  • SOR/97-177, s. 8
 
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