;

Bill C-23

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	(h) paragraph 251(2)(b) is replaced by the following:
	(b) the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration;
R.S., c. C-7	CANADA MORTGAGE AND HOUSING CORPORATION ACT
	41. *Section 10 of the Canada Mortgage and Housing Corporation Act* is amended by adding the following after subsection (3):**
By-laws	(4) For greater certainty, all by-laws relating to the pension fund referred to in subsection 13(3) are deemed to be or to have been by-laws made with respect to the conduct of the affairs of the Corporation.
R.S., c. C-8	CANADA PENSION PLAN
R.S., c. 30 (2nd Supp.), s. 1(3), c. 1 (4th Supp.), s. 45 (Sch. III, item 4)(F)	42. *(1) The definition ``spouse'' in subsection 2(1) of the Canada Pension Plan* is repealed.**
	(2) 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 a contributor, means a person who is cohabiting with the contributor in a conjugal relationship at the relevant time, having so cohabited with the contributor for a continuous period of at least one year. For greater certainty, in the case of a contributor's death, the ``relevant time'' means the time of the contributor's death.
	43. Paragraph 6(2)(d) of the Act is replaced by the following:
	(d) employment of a person by the person's spouse or common-law partner , unless the remuneration paid to the person may be deducted under the Income Tax Act in computing the income of the spouse or common-law partner ;
	44. (1) The definition ``surviving spouse with dependent children'' in subsection 42(1) of the Act is repealed.
R.S., c. 30 (2nd Supp.), s. 12(1)	(2) The definition ``child'' in subsection 42(1) of the Act is replaced by the following:
``child'' « enfant »	``child'' of a contributor means a child of the contributor, whether born before or after the contributor's death, and includes
	(a) an individual adopted legally or in fact by the contributor while the individual was under twenty-one years of age, and
	(b) an individual of whom, either legally or in fact, the contributor had, or immediately before the individual reached twenty-one years of age did have, the custody and control,
	but does not include a child of the contributor who is adopted legally or in fact by someone other than the contributor or the contributor's spouse or common-law partner prior to the death or disability of the contributor, unless the contributor was maintaining the child, as defined by regulation;
	(3) Subsection 42(1) of the Act is amended by adding the following in alphabetical order:
``survivor'' « survivant »	``survivor'', in relation to a deceased contributor, means
	(a) if there is no person described in paragraph (b), a person who was married to the contributor at the time of the contributor's death, or
	(b) a person who was the common-law partner of the contributor at the time of the contributor's death;
``survivor with dependent children'' « survivant avec enfant à charge »	``survivor with dependent children'' means a survivor of a contributor who wholly or substantially maintains one or more dependent children of the contributor;
R.S., c. 30 (2nd Supp.), s. 13(2)	45. (1) The portion of paragraph 44(1)(d) of the Act before subparagraph (i) is replaced by the following:
	(d) subject to subsection (1.1), a survivor's pension shall be paid to the survivor of a deceased contributor who has made contributions for not less than the minimum qualifying period, if the survivor
	(2) Section 44 of the Act is amended by adding the following after subsection (1):
Limitation	(1.1) In the case of a common-law partner who was not, immediately before the coming into force of this subsection, a person described in subparagraph (a)(ii) of the definition ``spouse'' in subsection 2(1) as that definition read at that time, no survivor's pension shall be paid under paragraph (1)(d) unless the common-law partner became a survivor on or after January 1, 1998.
1995, c. 33, s. 26	46. (1) Subsection 55(1) of the Act is replaced by the following:
Application for division	55. (1) Subject to this section, subsections 55.2(2), (3) and (4) and section 55.3, an application for a division of the unadjusted pensionable earnings of former spouses may be made in writing to the Minister by or on behalf of either former spouse, by the estate of either former spouse or by such person as may be prescribed, within thirty-six months or, where both former spouses agree in writing, at any time after the date of a decree absolute of divorce, of a judgment granting a divorce under the Divorce Act or of a judgment of nullity of the marriage, granted or rendered on or after January 1, 1978 and before January 1, 1987 .
R.S., c. 30 (2nd Supp.), s. 22(2); 1991, c. 44, s. 6(2)(E)	(2) Subsections 55(2) to (4) of the French version of the Act are replaced by the following:
Demande de partage	(2) Pour l'application du présent article :
	a) par dérogation aux alinéas b) et c), les ex-époux doivent avoir cohabité durant le mariage pendant au moins trente-six mois consécutifs avant qu'une demande visée au paragraphe (1) puisse être approuvée par le ministre;
	b) le mariage est réputé avoir été célébré ou annulé et le divorce réputé irrévocable le dernier jour de l'année précédant la date enregistrée du mariage, du jugement prononçant la nullité du mariage, la prise d'effet du jugement irrévocable de divorce ou du jugement accordant le divorce conformément à la Loi sur le divorce;
	c) les ex-époux sont réputés avoir cohabité pendant toute l'année où a eu lieu la célébration du mariage et ne pas avoir cohabité pendant l'année du divorce ou de l'annulation du mariage.
Détermination de la période de cohabitation	(3) Seuls les mois où les ex-époux ont cohabité durant le mariage sont pris en ligne de compte pour déterminer la période à laquelle s'applique le partage des gains non ajustés des ex-époux ouvrant droit à pension. Pour l'application du présent article, les mois où les ex-époux ont cohabité sont déterminés de la manière prescrite par règlement.
Partage des gains non ajustés ouvrant droit à pension	(4) Sur approbation par le ministre d'une demande visée au paragraphe (1), a lieu, d'une part, l'addition des gains non ajustés ouvrant droit à pension afférents à des cotisations versées selon la présente loi et déterminés, de la même manière qu'est déterminé le total des gains visés à l'article 78, pour chaque ex-époux durant la période de cohabitation et, d'autre part, la division et l'attribution en parts égales à chaque ex-époux de ces gains non ajustés ouvrant droit à pension.
R.S., c. 30 (2nd Supp.), s. 22(3)	(3) Subsections 55(6) to (8) of the Act are replaced by the following:
No division	(6) No division of unadjusted pensionable earnings for a period of cohabitation shall be made
	(a) where the total unadjusted pensionable earnings of the former spouses in a year does not exceed twice the Year's Basic Exemption;
	(b) for the period before which one of the former spouses reached eighteen years of age or after which a former spouse reached seventy years of age;
	(c) for the period in which one of the former spouses was a beneficiary of a retirement pension under this Act or under a provincial pension plan; and
	(d) for any month that is excluded from the contributory period of one of the former spouses under this Act or a provincial pension plan by reason of disability.
Benefits in pay	(7) Where an application referred to in subsection (1) has been approved and a benefit is payable under this Act to or in respect of either of the former spouses for any month commencing on or before the day of receipt of an application under subsection (1), the basic amount of the benefit shall be calculated and adjusted in accordance with section 45 but subject to the division of unadjusted pensionable earnings made under this section and the adjusted benefit shall be paid effective the month following the month the application referred to in subsection (1) is received.
Notification of division	(8) On approval by the Minister of an application for division of unadjusted pensionable earnings, an applicant and the former spouse or the former spouse's estate shall be notified in a manner prescribed by regulation and, where the applicant or the former spouse or the former spouse's estate is dissatisfied with the division or the result thereof, the right of appeal as set out in this Part applies.
R.S., c. 30 (2nd Supp.), s. 23; 1991, c. 44, ss. 7(1), (2)(E); 1995, c. 33, s. 27; 1997, c. 40, s. 72	47. Section 55.1 of the Act is replaced by the following:
When mandatory division to take place	55.1 (1) Subject to this section and sections 55.2 and 55.3, a division of unadjusted pensionable earnings shall take place in the following circumstances:
	(a) in the case of spouses, following the issuance of a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of the marriage, on the Minister's being informed of the decree or judgment, as the case may be, and receiving the prescribed information;
	(b) in the case of spouses, following the approval by the Minister of an application made by or on behalf of either spouse, by the estate of either spouse or by any person that may be prescribed, if
	(i) the spouses have been living separate and apart for a period of one year or more, and
	(ii) in the event of the death of one of the spouses after they have been living separate and apart for a period of one year or more, the application is made within three years after the death; and
	(c) in the case of common-law partners, following the approval by the Minister of an application made by or on behalf of either former common-law partner , by the estate of one of those former common-law partners or by any person that may be prescribed, if
	(i) the former common-law partners have been living separate and apart for a period of one year or more, or
	(ii) one of the former common-law partners has died during that period,
	and the application is made within four years after the day on which the former common-law partners commenced to live separate and apart.
Calculation of period of separation	(2) For the purposes of this section,
	(a) persons subject to a division of unadjusted pensionable earnings shall be 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 persons subject to such a division have lived separate and apart shall not be considered to have been interrupted or terminated
	(i) by reason only that either person 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 person's own volition, if it appears to the Minister that the separation would probably have continued if the person had not become so incapable, or
	(ii) by reason only that the two persons have resumed cohabitation during a period of, or periods totalling, not more than ninety days with reconciliation as its primary purpose.
Period of cohabitation	(3) For the purposes of this section, persons subject to a division of unadjusted pensionable earnings must have cohabited for a continuous period of at least one year in order for the division to take place, and, for the purposes of this subsection, a continuous period of at least one year shall be determined in a manner prescribed by regulation.
Period for purposes of division	(4) In determining the period for which the unadjusted pensionable earnings of the persons subject to a division shall be divided, only those months during which the two persons cohabited shall be considered, and, for the purposes of this subsection, months during which the two persons cohabited shall be determined in the prescribed manner.
Minister's discretion	(5) Before a division of unadjusted pensionable earnings is made under this section, or within the prescribed period after such a division is made, the Minister may refuse to make the division or may cancel the division, as the case may be, if the Minister is satisfied that
	(a) benefits are payable to or in respect of both persons subject to the division ; and
	(b) the amount of both benefits decreased at the time the division was made or would decrease at the time the division was proposed to be made.
Application of section 55.1	55.11 Section 55.1 applies
	(a) in respect of decrees absolute of divorce, judgments granting a divorce under the Divorce Act and judgments of nullity of a marriage, issued on or after January 1, 1987 ;
	(b) in respect of spouses and former spouses who commence to live separate and apart on or after January 1, 1987 but before the coming into force of this section (``spouse'' having in this paragraph the meaning that it had immediately before that coming into force); and
	(c) in respect of spouses and former common-law partners who commence to live separate and apart after the coming into force of this section.
R.S., c. 30 (2nd Supp.), s. 23; 1997, c. 40, s. 73	48. (1) Subsection 55.2(1) of the Act is repealed.
R.S., c. 30 (2nd Supp.), s. 23; 1991, c. 44, s. 8(1)	(2) Subsections 55.2(2) to (5) of the Act are replaced by the following:
Agreement or court order not binding on Minister	(2) Except as provided in subsection (3), where, on or after June 4, 1986, a written agreement between persons subject to a division under section 55 or 55.1 was entered into, or a court order was made, the provisions of that agreement or court order are not binding on the Minister for the purposes of a division of unadjusted pensionable earnings under section 55 or 55.1.
Agreement binding on Minister	(3) Where
	(a) a written agreement between persons subject to a division under section 55 or 55.1 entered into on or after June 4, 1986 contains a provision that expressly mentions this Act and indicates the intention of the persons that there be no division of unadjusted pensionable earnings under section 55 or 55.1,
	(b) that provision of the agreement is expressly permitted under the provincial law that governs such agreements ,
	(c) the agreement was entered into
	(i) in the case of a division under section 55 or paragraph 55.1(1)(b) or (c), before the day of the application for the division, or
	(ii) in the case of a division under paragraph 55.1(1)(a), before the issuance of the decree absolute of divorce, the judgment granting a divorce under the Divorce Act or the judgment of nullity of the marriage, as the case may be, and
	(d) that provision of the agreement has not been invalidated by a court order,
	that provision of the agreement is binding on the Minister and, consequently , the Minister shall not make a division under section 55 or 55.1.
Minister to notify parties	(4) The Minister shall, forthwith after being informed of a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of a marriage or after receiving an application under section 55 or paragraph 55.1(1)(b) or (c) , notify each of the persons subject to the division , in prescribed manner, of the periods of unadjusted pensionable earnings to be divided, and of such other information as the Minister deems necessary.
Division of unadjusted pensionable earnings	(5) Where there is a division under section 55.1, the unadjusted pensionable earnings for each person subject to the division for the period of cohabitation attributable to contributions made under this Act, determined in the same manner as the total pensionable earnings attributable to contributions made under this Act are determined in section 78, shall be added and then divided equally, and the unadjusted pensionable earnings so divided shall be attributed to each person .
R.S., c. 30 (2nd Supp.), s. 23; 1991, c. 44, s. 8; 1995, c. 33, s. 28	(3) Subsections 55.2(7) to (10) of the Act are replaced by the following:
Provincial pension plans	(7) No division under section 55.1 shall be made for any month during which the persons subject to the division cohabited and for which either of them contributed to a provincial pension plan (and, for the purposes of this subsection, months during which the persons cohabited shall be determined in the prescribed manner), unless the unadjusted pensionable earnings attributed to the persons under the provincial pension plan are divided for that month in a manner substantially similar to that described in this section and section 55.1.

Bill C-23

CANADA MORTGAGE AND HOUSING CORPORATION ACT

CANADA PENSION PLAN