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


 
 

“Sale” away: The SCC’s more flexible approach to exclusion clauses in contracts for the sale of goods

July 9, 2024

By Jennifer Taylor & Marina Luro A recent Supreme Court of Canada decision has clarified how to interpret exclusion clauses in sale of goods contracts. The Court in Earthco Soil Mixtures Inc. v Pine Valley…

Read More

Recent case re-confirms temporary ailment is not a disability

June 24, 2024

By Mark Tector and Tiegan A. Scott Decision On April 3, 2024, the Alberta Court of King’s Bench (“ABKB”) upheld a decision of the Chief of the Commissions and Tribunals (the “CCT Decision”), which held…

Read More

Compensation for expropriation: Fair, but not more than fair

June 17, 2024

By Erin Best, Stephen Penney, Robert Bradley, Megan Kieley1 and Elizabeth Fleet1 Expropriation is a live issue in Canadian courts. The Supreme Court of Canada’s decision to broaden the test for constructive expropriation in Annapolis…

Read More

Changes affecting federally regulated employers

June 10, 2024

By Killian McParland and Sophie Poulos There have been many changes in recent months affecting employers governed by federal labour and employment laws. In September 2024, Stewart McKelvey will be hosting a webinar to review…

Read More

Impending changes to Nova Scotia’s Workers’ Compensation Act – Gradual onset stress

June 4, 2024

By Mark Tector and Annie Gray What’s changing? Currently, workers’ compensation coverage in Nova Scotia applies to only a narrow subset of psychological injuries. Specifically, in Nova Scotia – as in all Atlantic Provinces –…

Read More

Appeal Courts uphold substantial costs awards for regulators

May 22, 2024

By Sean Kelly & Michiko Gartshore Professional regulators can incur substantial costs through discipline processes. These costs are often associated with investigations, hearings as well as committee member expenses and are an unfortunate by-product of…

Read More

Less than two weeks to go … Canada Supply Chain Transparency Reports are due May 31st

May 21, 2024

By Christine Pound, ICD.D., Twila Reid, ICD.D., Sarah Dever Letson, CIPP/C, Sheila Mecking, Hilary Newman, and Daniel Roth Introduction The first reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the…

Read More

Court upheld municipality’s refusal to disclose investigation report

May 1, 2024

By Sheila Mecking and Sarah Dever Letson A recent decision out of the Court of King’s Bench of New Brunswick,[1] upheld the Municipality of Tantramar’s decision to withhold a Workplace Assessment Report under section 20(1)…

Read More

Occupational Health and Safety sentencing decision – Nova Scotia

April 29, 2024

By Sean Kelly & Tiegan Scott Earlier this month, the Provincial Court of Nova Scotia issued its sentencing decision in R v The Brick Warehouse LP, 2024 NSPC 26, imposing a monetary penalty of $143,750 (i.e.,…

Read More

Canada 2024 Federal Budget paves the way for Open Banking

April 22, 2024

By Kevin Landry On April 15, 2024, the Canadian federal budget was released. Connected to the budget was an explanation of the framework for Canada’s proposed implementation of Open Banking (sometimes called consumer-driven banking). This follows…

Read More

Search Archive


Scroll To Top