The applicant sought a declaration dividing the respondent’s Canadian Forces pension under the federal Pension Benefits Division Act and requiring execution of documents to implement the division.
The court held that the federal legislation does not create an independent entitlement to pension division but merely provides a mechanism for implementing equalization of pension assets.
Entitlement to share in the pension must first arise through provincial family property legislation.
Because the claim was effectively an equalization claim brought more than six years after separation, it was barred by the limitation period under s.7(3) of the Family Law Act.
The application was therefore dismissed.
