10.1 (1) The imputed value, for family law purposes, of a spouse’s interest in a pension plan to which the Pension Benefits Act applies is determined in accordance with section 67.2 or, in the case of a spouse’s interest in a variable benefit account, section 67.7 of that Act.  2009, c. 11, s. 26; 2017, c. 8, Sched. 27, s. 21 (1). Same (1.1) The imputed value, for family law purposes, of a spouse’s interest in a pension plan to which the Pooled Registered Pension Plans Act, 2015 applies is determined in accordance with section 17 of that Act. 2015, c. 9, s. 28 (1). Same (2) The imputed value, for family law purposes, of a spouse’s interest in any other pension plan is determined, where reasonably possible, in accordance with section 67.2 or, in the case of a spouse’s interest in a variable benefit account, section 67.7 of the Pension Benefits Act with necessary modifications.  2009, c. 11, s. 26; 2017, c. 8, Sched. 27, s. 21 (1). Order for immediate transfer of a lump sum (3) An order made under section 9 or 10 may provide for the immediate transfer of a lump sum out of a pension plan but, except as permitted under subsection (5), not for any other division of a spouse’s interest in the plan.  2009, c. 11, s. 26. Same (4) In determining whether to order the immediate transfer of a lump sum out of a pension plan and in determining the amount to be transferred, the court may consider the following matters and such other matters as the court considers appropriate: 1. The nature of the assets available to each spouse at the time of the hearing. 2. The proportion of a spouse’s net family property that consists of the imputed value, for family law purposes, of his or her interest in the pension plan. 3. The liquidity of the lump sum in the hands of the spouse to whom it would be transferred. 4. Any contingent tax liabilities in respect of the lump sum that would be transferred. 5. The resources available to each spouse to meet his or her needs in retirement and the desirability of maintaining those resources.  2009, c. 11, s. 26. Order for division of pension payments (5) If payment of the first instalment of a spouse’s pension under a pension plan is due on or before the valuation date, an order made under section 9 or 10 may provide for the division of pension payments but not for any other division of the spouse’s interest in the plan.  2009, c. 11, s. 26. Same (6) Subsections 9 (2) and (4) do not apply with respect to an order made under section 9 or 10 that provides for the division of pension payments.  2009, c. 11, s. 26. Restrictions re certain pension plans (7) If the Pension Benefits Act applies to the pension plan, the restrictions under sections 67.3 and 67.4 of that Act or under sections 67.8 and 67.9 of that Act in relation to variable benefits apply with respect to the division of the spouse’s interest in the plan by an order under section 9 or 10.  2009, c. 11, s. 26; 2017, c. 8, Sched. 27, s. 21 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10.1 (7) of the Act is amended by striking out “sections 67.3 and 67.4” and substituting “sections 67.3, 67.3.1, 67.4 and 67.4.1”. (See: 2019, c. 14, Sched. 9, s. 41) Same (7.1) If the Pooled Registered Pension Plans Act, 2015 applies to the pension plan, the restrictions under sections 19 and 20 of that Act apply with respect to the division of the spouse’s interest in the plan by an order under section 9 or 10 of this Act. 2015, c. 9, s. 28 (1). Transition, valuation date (8) This section applies whether the valuation date is before, on or after the date on which this section comes into force.  2009, c. 11, s. 26. Transition, previous orders (9) This section does not apply to an order made before the date on which this section comes into force that requires one spouse to pay to the other spouse the amount to which that spouse is entitled under section 5.  2009, c. 11, s. 26. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 26 - 01/01/2012 2015, c. 9, s. 28 (1)
- 08/11/2016 2017, c. 8, Sched. 27, s. 21 (1, 2) - 01/01/2020 2019, c. 14, Sched. 9, s. 41 - not in force