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Pension Diversion Regulations

Version of section 11 from 2006-03-22 to 2020-12-22:

  •  (1) An application, pursuant to subsection 41(1) of the Act, for a variation in the amount being diverted with respect to a diversion may be made on the grounds that

    • (a) the financial support order on which the diversion is based has been varied or replaced by another financial support order that would change the amount to be diverted as calculated in accordance with the Act and these Regulations;

    • (b) there is a change in the applicant’s or recipient’s place of ordinary residence that would change the amount to be diverted as calculated in accordance with the Act and these Regulations;

    • (c) there is a change in the status of a person on whose behalf diversion payments are being made to another person;

    • (d) there is a change in a condition of payment specified in the financial support order on which the diversion is based that changes the amount to be paid pursuant to the order; or

    • (e) a written request to reduce the amount being diverted has been made by and signed by the applicant or the person to whom diversion payments are being made for the benefit of the applicant.

  • (2) An application, pursuant to subsection 41(1) of the Act, for termination of a diversion may be made on the grounds that

    • (a) there is a change in a condition of payment specified in the financial support order on which the diversion is based that has the effect of terminating the order;

    • (b) the order is terminated, rescinded or nullified by another order or a judgment of a court; or

    • (c) a written request to terminate the diversion has been made by and signed by the applicant or the person to whom diversion payments are being made for the benefit of the applicant.

  • (3) An application referred to in subsection (1) or (2) shall contain

    • (a) a written request for a variation in the amount being diverted or for termination of the diversion, as the case may be,

    • (b) sufficient information to enable the Minister to identify the applicant and recipient,

    • (c) a statement of the grounds for the application, and

    • (d) written evidence of the facts alleged concerning the application sufficient to permit the Minister to ascertain the truth of the facts,

    and shall be signed by or on behalf of the applicant or recipient.

  • SOR/87-666, s. 3(E)
  • SOR/97-177, s. 10
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