Skip to content

Input sought on Nova Scotia pension division and other family property matters

Dante Manna

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.

SHARE

Archive

Search Archive


Search
Generic filters

 
 

The Winds of Change (Part 4): A Review of Rental and Royalty Regimes for Wind Development on Crown Lands: Options for Newfoundland and Labrador’s Economic Wind Policy

August 3, 2022

By: John Samms, Sadira Jan, Paul Kiley, Dave Randell, Alanna Waberski, and Jayna Green As we explained in our July 6, 2022 “Winds of Change” article, the announcement made by Minister Andrew Parsons on April…

Read More

Update on the Economic Mobility Program for Refugees (phase 2): The Economic Mobility Pathways Project (“EMPP”)

August 2, 2022

Included in Beyond the Border – July 2022 By Brittany Trafford; Fredericton   Brief Overview In an attempt to address the Canadian labour market shortages, the Economic Mobility Pathways Pilot (“EMPP”), was introduced in 2018.…

Read More

HR Best Practices When Employing Foreign Workers

July 29, 2022

Included in Beyond the Border – July 2022   By Brendan Sheridan; Halifax Canadian employers are increasingly relying on foreign workers to fill gaps in the labour market and to provide specialized skills. In 2020,…

Read More

Beneficial Ownership Registry Rules Come to New Brunswick

July 28, 2022

By Alanna Waberski, Graham Haynes and Maria Cummings On June 10, 2022, the Government of New Brunswick proclaimed into force Bill 95, which amends the Business Corporations Act (New Brunswick) (the “NBBCA”) to require corporations…

Read More

Recent trends in defined benefits pension plans – a review of public sector plans

July 28, 2022

Included in Discovery: Atlantic Education & the Law – Issue 10 Hannah Brison and Dante Manna Increased financial volatility caused by recent global events has caused public sector defined benefit (“DB”) pension plans to reflect…

Read More

Atlantic Canada offers immigration pathways for workers in Trucking, Health, Construction and Food Service Industries

July 27, 2022

Included in Beyond the Border – July 2022 By Sara Espinal Henao; Halifax It is a well-known fact that Atlantic Canada needs workers. In the aftermath of COVID-19, regional employers in the trucking, health, construction,…

Read More

The winds of change (part 3): Newfoundland and Labrador releases wind energy guidelines

July 27, 2022

By: John Samms, Matthew Craig, Dave Randell,  and Jayna Green On July 26, 2022 the Province of Newfoundland and Labrador (the “Province”) released “Guidelines: Nominating Crown Lands for Wind Energy Projects” (the “Guidelines”). Described as…

Read More

Trends in tenure and promotion for unionized employers

July 25, 2022

Included in Discovery: Atlantic Education & the Law – Issue 10 By Kate Profit    Tenure is a well known and often discussed topic amongst academics. Viewed by unions as a cornerstone of modern universities,…

Read More

Car-Sharing Comes to PEI – Insurance Implications

July 22, 2022

Dalton McGuinty Jr. and Kegan Bradley On May 17th, 2022, Canada’s largest car-sharing company, Turo, brought their platform to Prince Edward Island. The service allows car owners (lessors) to lend out their vehicles to drivers…

Read More

Federal Government announces significant investments in Nova Scotian clean energy initiatives

July 21, 2022

Nancy Rubin & Tiegan Scott On July 21, 2022, the Federal government announced a new investment of up to $255 million for clean energy initiatives in Nova Scotia. The funds will be allocated in two…

Read More

Search Archive


Search
Generic filters

Scroll To Top