Marginal note:Withdrawal of application

12. An application may be withdrawn by sending a notice to the annuity administrator no later than the 30th day after the day on which the notice of the division of annuity benefits referred to in subsection 52.14(9) of the Act is sent.

Marginal note:To whom request for information is made

• 13. (1) A request by a spouse, common-law partner, former spouse or former common-law partner of a judge under section 52.21 of the Act to obtain information concerning the benefits that are or may become payable to or in respect of the judge under the Act must be made to the annuity administrator.

• Marginal note:Documents required

  (2) The request must be accompanied by the following documents:

  • (a) if there is a court order or agreement, the original or a certified true copy of the court order or agreement, and if the appeal or review proceedings referred to in paragraph 52.12(2)(c) of the Act has been commenced in respect of the period during which the judge and the spouse, common-law partner, former spouse or former common-law partner cohabited, a statutory declaration by the spouse, common-law partner, former spouse or former common-law partner that meets the requirements set out in subsection (3); and

  • (b) if the court order or agreement does not specify the period during which the judge and the spouse, common-law partner, former spouse or former common-law partner cohabited or if there is no court order or agreement, a statutory declaration by the spouse, common-law partner, former spouse or former common-law partner that meets the requirements set out in subsection (3).

• Marginal note:Content of statutory declaration

  (3) The statutory declaration must state the date on which the judge and the spouse, common-law partner, former spouse or former common-law partner began to cohabit and the date on which they ceased to cohabit or, if they have not ceased to cohabit, that it is the intention of the spouse or common-law partner to cease to cohabit.

Marginal note:Information to be provided

• 14. (1) The information that the Minister is to provide in response to a request is the following:

  • (a) the date on which the information is prepared;

  • (b) the date on which the judge

    • (i) would be granted an annuity under subsection 42(1) of the Act if he or she ceased to hold office,

    • (ii) would have been granted an annuity under paragraph 42(1)(a), (b), (d) or (e) of the Act if he or she had ceased to hold office and had not been granted an earlier annuity under paragraph 42(1)(c) of the Act, or

    • (iii) was granted an annuity under subsection 42(1) or section 43.1 of the Act;

  • (c) the period subject to division;

  • (d) if, on the date on which the information is prepared, the judge would not be granted an annuity if he or she ceased to hold office or if, on valuation day, as determined in accordance with section 19, the judge would not have been granted an annuity if he or she had ceased to hold office, the amount of contributions made by him or her under section 50 of the Act during the period subject to division and the interest on the contributions calculated under subsection 51(4) of the Act;

  • (e) an estimate of the amount of the annuity that the judge would be granted if he or she ceased to hold office on the last day of the period subject to division or that he or she would have been granted if he or she had ceased to hold office on valuation day, as determined in accordance with section 19; and

  • (f) an estimate of the share of annuity benefits that would be determined in accordance with subsection 52.14(1) of the Act on valuation day, as determined in accordance with section 19.

• Marginal note:Period during which interested parties cohabited

  (2) For the determination of the period subject to division referred to in paragraph (1)(c), if no division of annuity benefits between the interested parties has been approved by the Minister and if the period during which the interested parties cohabited is not specified in a court order or agreement, the period during which the interested parties cohabited begins and ends on the dates stated in the statutory declaration referred to in subsection 13(3). If the judge and the spouse, former spouse or common-law partner have not ceased to cohabit, the period ends on the last day of the month before the month in which the request is made.

• Marginal note:Approval of division of annuity benefits

  (3) If a division of annuity benefits between the interested parties has been approved by the Minister, the period during which the interested parties cohabited is the period that was determined for the purposes of the division.