Volume 2 Proposed Statute Changes |
Current Act: | should read | Proposed Act: |
Definitions
69(1) In this Part
|
Definitions
69(1) In this Part
(c) for a period of at least 3 years; if either of them is married, or (d) for a period of at least one year, if neither of them is married (e) for a period of not less than 3 years, or (f) for a period of at least one year and they are together the parents of a child.
|
Current Act: | should read | Proposed Act: |
Division of pension benefits on break-up
90(1) Subject to subsections (2) to (7), where (a) pursuant to an order of the Court of Queen's Bench made under The Marital Property Act, the family assets of a member are required to be divided between the member and his or her spouse; (b) pursuant to a written agreement between a member and his or her spouse, family assets of the member and spouse are divided between them; or (c) pursuant to a written agreement between the member and the member's common-law partner who have been parties to a common-law relationship that has been terminated, assets that would have been family assets of the parties if the parties had been married to each other are divided between them; the pension benefit credit of a member under this Part shall be divided between the member and the spouse or common-law partner and the division shall be made in the manner provided in this Part and directed by the administrator notwithstanding that the order or agreement, as the case may be, may require the division to be made in a different manner. |
Division of pension benefits on break-up
90(1) Subject to subsections (2) to (7), where (a) pursuant to an order of the Court of Queen's Bench made under The (b) pursuant to a written agreement between a member and his or her spouse or common-law partner, family assets of the member and spouse or common-law partner are divided between them; or
the pension benefit credit of a member under this Part shall be divided between the member and the spouse or common-law partner and the division shall be made in the manner provided in this Part and directed by the administrator notwithstanding that the order or agreement, as the case may be, may require the division to be made in a different manner. |
Current Act: | should read | Proposed Act: |
Application of subsection (1)
90(2) Subsection (1) does not apply except in the case of spouses or common-law partners who began living separate and apart from each other after December 31, 1983. |
Application of subsection (1)
90(2) Subsection (1) does not apply except in the case of spouses |
|
90(3) Subsection (1) does not apply in respect of a common law relationship unless the member makes and executes a written declaration, in a form prescribed by the administrator, (a) identifying an individual and showing that the individual is his or her common-law partner; (b) specifying the commencement date of the common-law relationship; and stating that subsection (1) shall apply. |
90(3) Subsection (1) does not apply in respect of a common law relationship unless the member makes and executes a written declaration, in a form prescribed by the administrator,
|
|
Filing of Declaration or agreement
90(6) A declaration or agreement under subsection (3), (4) or (5) shall be filed with the administrator, but a declaration under subsection (3) is of no force or effect unless it is filed with the administrator before the member receives any pension |
Filing of Declaration or agreement
90(6) A declaration or agreement under subsection |
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. - Volume 2 Proposed Changes to the Legislative Assembly Act |
|
Law of Property Act | Legislative Assembly and Executive Council Conflict of Interest Act |
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C. |