Provincial Property Laws

Section 25 of the PBSA provides that, subject to that section, applicable provincial property law will apply to pension benefits and pension benefit credits under a federal private pension plan. Provincial property law is the law of the province relating to the distribution of the property of spouses on divorce, annulment or separation or the property of former common-law partners and may include provincial pension legislation where that legislation relates to the distribution of property on the breakdown of a marriage or common-law partnership.

Section 25(4) of the PBSA also provides that, notwithstanding anything in provincial property law, the member can assign all or part of the member's pension benefit or pension benefit credit.