Input sought on Nova Scotia pension division and other family property matters
The Nova Scotia Government is seeking input by way of public survey or written submissions on proposed changes to family property law that would, among other things, affect pension division between former spouses.
The Matrimonial Property Act (“MPA”) provides for division of property, including the pension benefits of either spouse, upon breakdown of a marriage or registered domestic partnership in the province.
Pension division is also regulated by the Pension Benefits Act (“PBA”). However, there is some inconsistency between the MPA and PBA on how pension assets can be divided. The background paper describes this situation as follows:
Under Nova Scotia pension law, a spouse or partner who is not the pension plan member is entitled to a maximum of 50% of the part of the pension that was earned during the relationship. Courts have, on occasion, ordered that a spouse or partner get more than 50% of the pension earned during the relationship. However, it is unclear if the pension plan administrator can do this.
The Government now proposes a new law to provide, among other things, that:
…if a court ordered one person to get more than 50%, the pension plan would be able to pay this amount. Further, in certain circumstances the court could order that the spouse who is not the pension plan member should get part of the pension that was earned before the relationship.
The survey asks questions including:
- Are there circumstances where it would be important for the court to have the ability to order a spouse or common-law partner who is not the member or pensioner of the pension plan to receive greater than 50% of the pension earned during the marriage or common-law relationship?
- Are there circumstances where it would be important for the court to have the ability to order the full amount of a pension, not just the portion earned during the marriage or relationship, to be split?
All Nova Scotians are invited to provide feedback on these and other questions by completing the online survey or making written submissions by February 20, 2020. The Government will also be meeting with legal stakeholders later in February. Pension plan administrators would benefit from greater clarity in the law. Our Pensions and Benefits group would be pleased to discuss this consultation with you and assist with any submissions to the Government.
This update is intended for general information only. If you have questions about the above, please contact a member of our Pensions & Benefits group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
Mark Tector and Annie Gray This morning, May 30, 2017, Ontario Premier Kathleen Wynne announced her government’s intention to introduce sweeping legislative reform of labour and employment laws. If passed, the proposed Fair Workplaces, Better Jobs Act, 2017 would…
Read MoreCanada’s Anti-Spam Law (“CASL”) is a federal law in force since July 1, 2014, aimed at eliminating unsolicited and malicious electronic communications and requires organizations to comply with specific consent, disclosure and unsubscribe requirements when…
Read MoreJennifer Taylor Introduction Kirby Elson had been fishing in Newfoundland and Labrador for about 50 years when the policy on Preserving the Independence of the Inshore Fleet in Canada’s Atlantic Fisheries (“PIIFCAF”) was introduced in…
Read MoreRick Dunlop, David Randell, Christine Pound, Sadira Jan and Kevin Landry The federal government’s introduction of the Cannabis Act, the first step in the legalization of marijuana (or cannabis), has understandably triggered a wide range of reactions in the Canadian business…
Read MoreMark Tector and Annie Gray On April 26, 2017, the Government of Nova Scotia announced that amendments to the Occupational Health and Safety Act, which were passed in May of 2016, will officially come into force as of June…
Read MoreOn May 2, 2017, the Nova Scotia Court of Appeal issued a significant decision in Tibbetts v. Murphy, 2017 NSCA 35, on the proper interpretation of s. 113A of the Insurance Act. Specifically the issue was whether…
Read MoreJoe Thorne and Amanda Whitehead A fundamental principle of our legal system is that all parties to a dispute should be given the opportunity to be heard. However, the law recognizes that some circumstances warrant speedy judicial…
Read MoreDamages for pain and suffering are capped for Nova Scotians who are injured in motor vehicle accidents if their injuries are considered “minor.” The cap was amended for accidents occurring on or after April 28,…
Read MoreGrant Machum & Sean Kelly A recent decision from the Supreme Court of British Columbia, Ly v. British Columbia (Interior Health Authority) 2017 BCSC 42, provides helpful clarification of the law on termination of probationary employees on the basis…
Read MorePerlene Morrison and Hilary Newman The Supreme Court of Canada recently declined to hear an appeal from the Ontario Court of Appeal decision in Campbell v Bruce (County), 2016 ONCA 371. The Court of Appeal confirmed the lower court finding…
Read More