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Bill C-23

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	Transitional Provisions
Limitation	*241. Notwithstanding anything in the Pension Act, no payment shall be made under that Act, for any period before the coming into force of this section, to or in respect of*
	(a) a common-law partner of a member of the forces if the common-law partner was, immediately before the coming into force of this section, a person to whom subsection 42(6) of the Pension Act, as it then read, could not have applied; or
	(b) a surviving common-law partner of a member of the forces if the surviving common-law partner was, immediately before the coming into force of this section, a person to whom subsection 42(7) and section 46 of the Pension Act, as they then read, could not have applied.
Limitation	242. The continuation of the basic pension and additional pension for spouse or common-law partner, provided for by paragraphs 21(1)(i) and (2)(d) and subsection 45(3.1) of the Pension Act as amended by this Act, does not apply in respect of a surviving common-law partner of a member of the forces if
	(a) the death of the member occurred before the coming into force of this section; and
	*(b) the surviving common-law partner was a person to whom subsection 42(7) and section 46 of the Pension Act, as they then read, could not have applied.*
1992, c. 46, Sch. II	PENSION BENEFITS DIVISION ACT
	243. *(1) The definition ``conjoint'' in section 2 of the French version of the Pension Benefits Division Act* is repealed.**
	(2) The definition ``spousal agreement'' in section 2 of the English version of the Act is repealed.
	(3) The definition ``spouse'' in section 2 of the English version of the Act is replaced by the following:
``spouse'' « époux »	``spouse'', in relation to a member of a pension plan, includes a person who is party to a void marriage with the member;
	(4) Section 2 of the Act is amended by adding the following in alphabetical order:
``common-la w partner'' « conjoint de fait »	``common-law partner'' means a person who establishes that the person is cohabiting with a member of a pension plan in a relationship of a conjugal nature, having so cohabited for a period of at least one year;
	(5) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
``agreement'' « accord »	``agreement'' means an agreement referred to in subparagraph 4(2)(b)(ii);
	(6) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« époux » ``spouse''	« époux » Est assimilée à l'époux la personne qui est une partie à un mariage nul.
	244. The portion of paragraph 4(2)(b) of the Act before subparagraph (i) is replaced by the following:
	(b) where the member and the spouse, former spouse or former common-law partner are living separate and apart, having lived separate and apart for a period of at least one year and, either before or after they commenced to live separate and apart,
	245. (1) Subparagraph 8(1)(a)(i) of the French version of the Act is replaced by the following:
	(i) à un régime de pension agréé en vertu de la Loi de l'impôt sur le revenu et choisi par l'époux, ex-époux ou ancien conjoint de fait , si ce régime prévoit la possibilité d'un tel transfert,
	(2) Subsection 8(5) of the Act is replaced by the following:
Death	(5) An amount that cannot be transferred in accordance with paragraph (1)(a) by reason only of the death of the spouse, former spouse or former common-law partner shall be paid to their estate or succession .
	246. Section 10 of the Act is replaced by the following:
Amounts transferred in error	10. If the amount transferred in respect of a spouse, former spouse or former common-law partner or paid to their estate or succession under section 8 exceeds the amount that the spouse, former spouse or former common-law partner was entitled to have transferred or the estate or succession was entitled to be paid, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that spouse, former spouse, former common-law partner, estate or succession .
	247. Section 13 of the Act is replaced by the following:
Court order	13. (1) Notwithstanding any other provision of this Act or the provisions of any pension plan or Act under which a pension plan is established or by which a pension plan is provided, where a court in Canada of competent jurisdiction so orders, the Minister shall not, for such period as that court may order, take any action on the direction of a member of a pension plan that may prejudice the ability of the spouse or former spouse or common-law partner or former common-law partner of that member to make an application or obtain a division of pension benefits under this Act.
Information	(2) The Minister shall, in accordance with the regulations, on request of a spouse or former spouse or common-law partner or former common-law partner of a member of a pension plan, provide that person with prescribed information concerning the benefits that are or may become payable to or in respect of that member under that pension plan or under Part II of the Public Service Superannuation Act, Part II of the Canadian Forces Superannuation Act, the Public Service Pension Adjustment Act or the Supplementary Retirement Benefits Act.
	248. (1) Paragraph 16(i) of the Act is replaced by the following:
	(i) respecting the manner in which and the extent to which any provision of a pension plan or an Act under which a pension plan is established or by which a pension plan is provided, as amended from time to time, applies, notwithstanding the provisions of that pension plan or Act, to any member, spouse, former spouse, common-law partner, former common-law partner or other person in any case where a division of pension benefits is effected under section 8, and adapting any provision of that pension plan or Act to those persons;
	(2) Paragraph 16(k) of the Act is replaced by the following:
	(k) respecting the provision of information to a spouse, former spouse, common-law partner or former common-law partner of a member of a pension plan under subsection 13(2);
Replacement of ``spouse or former spouse'' with ``spouse, former spouse or former common-law partner''	249. The Act is amended by replacing ``spouse or former spouse'' with ``spouse, former spouse or former common-law partner'' in the following provisions:
	(a) subsection 4(1);
	(b) paragraph 4(2)(a);
	(c) subsection 4(3);
	(d) subsection 5(4);
	(e) the portion of paragraph 8(1)(a) before subparagraph (i);
	(f) subsection 8(2);
	(g) section 12; and
	(h) paragraph 16(b).
Replacement of ``spouse or former spouse'' with ``spouse, former spouse or former common-law partner''	250. The English version of the Act is amended by replacing ``spouse or former spouse'' with ``spouse, former spouse or former common-law partner'' in the following provisions:
	(a) subparagraph 4(2)(b)(ii); and
	(b) subparagraphs 8(1)(a)(i) to (iii).
Replacement of ``spousal agreement'' with ``agreement''	251. The English version of the Act is amended by replacing ``spousal agreement'' with ``agreement'' in the following provisions:
	(a) paragraph 4(4)(b);
	(b) paragraph 5(2)(b);
	(c) subsection 6(2);
	(d) paragraph 7(3)(c);
	(e) subsection 7(5);
	(f) subsection 8(2); and
	(g) subsection 8(4).
Replacement of ``au conjoint ou à l'ancien conjoint'' with ``à l'époux, ex-époux ou ancien conjoint de fait''	252. The French version of the Act is amended by replacing ``au conjoint ou à l'ancien conjoint'' with ``à l'époux, ex-époux ou ancien conjoint de fait'' in subparagraph 8(1)(a)(ii).
Replacement of ``du conjoint ou de l'ancien conjoint'' with ``de l'époux ou ex-époux ou de l'ancien conjoint de fait''	253. The French version of the Act is amended by replacing ``du conjoint ou de l'ancien conjoint'' with ``de l'époux ou ex-époux ou de l'ancien conjoint de fait'' in subparagraph 8(1)(a)(iii).
R.S., c. 32 (2nd Supp.)	PENSION BENEFITS STANDARDS ACT, 1985
	254. *(1) The definitions '' ``marriage'' and ``remarriage'''' and ``spouse'' in subsection 2(1) of the Pension Benefits Standards Act, 1985* are repealed.**
	(2) The definitions ``joint and survivor pension benefit'' and ``pension benefit'' in subsection 2(1) of the Act are replaced by the following:
``joint and survivor pension benefit'' « prestation réversible »	``joint and survivor pension benefit'' means an immediate pension benefit that continues at least until the death of the member or former member or the death of the survivor of the member or former member, whichever occurs later;
``pension benefit'' « prestation de pension »	``pension benefit'' means a periodic amount to which, under the terms of a pension plan, a member or former member, or the spouse, common-law partner , survivor or other beneficiary or estate or succession of a member or former member, is or may become entitled;
	(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``common-la w partner'' « conjoint de fait »	``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;
``common-la w partnership'' « union de fait »	``common-law partnership'' means the relationship between two persons who are common-law partners of each other;
``spouse'' « époux »	``spouse'', in relation to an individual, includes a person who is party to a void marriage with the individual;
``survivor'' « survivant »	``survivor'', in relation to a member or former member, means
	(a) if there is no person described in paragraph (b), the spouse of the member or former member at the time of the member's or former member's death, or
	(b) a person who was the common-law partner of the member or former member at the time of the member's or former member's death;
	(4) Section 2 of the Act is amended by adding the following after subsection (3):
How ``spouse or common-law partner'' to be read	(4) Except in section 25, where a member or former member has a spouse from whom they are separated and a common-law partner with whom they are cohabiting, a reference to a ``spouse or common-law partner'' in respect of that member or former member means the common-law partner.
	255. Section 3 of the Act is replaced by the following:
Pension plans may exceed minimum requirements	3. The requirements of this Act and the regulations shall not be construed as preventing the registration or operation of a pension plan containing provisions that are more advantageous to members of the plan, former members or potential members or their spouses, common-law partners , beneficiaries, estates or successions .
1998, c. 12, s. 14(2)	256. Paragraph 18(2)(c) of the Act is replaced by the following:
	(c) that, if the annual pension benefit payable is less than four per cent of the Year's Maximum Pensionable Earnings for the calendar year in which a member ceases to be a member of the plan or dies, or such other percentage as may be prescribed, the pension benefit credit may be paid to the member or survivor , as the case may be.
1998, c. 12, s. 15(3)	257. Subsection 23(5) of the Act is replaced by the following:
Surrender of pension benefit or pension benefit credit	(5) A pension plan may provide that a survivor may, after the death of a member or former member, surrender, in writing, the pension benefit or pension benefit credit to which the survivor is entitled under this section and designate a beneficiary who is a dependant, within the meaning of subsection 8500(1) of the Income Tax Regulations, of the survivor , member or former member.
	258. Section 24 of the Act and the heading before it are replaced by the following:

Bill C-23

Transitional Provisions

PENSION BENEFITS DIVISION ACT

PENSION BENEFITS STANDARDS ACT, 1985