Acts and Regulations

91-195 - General

Section 27
Disposition versions

Full text
Date of marriage or common-law partnership
27(1)Subject to subsections (2) and (3), for the purposes of the division of benefits or the commuted value of benefits under sections 28 to 34, the date of marriage of two spouses shall be
(a) if they are married to each other, the date on which they were married;
(b) if they are married to each other by a marriage that is voidable and has not been avoided by a declaration of nullity, the date on which they were married; or
(c) if they have gone through a form of marriage with each other in good faith that is void and have cohabited within the preceding year, the date on which they went through a form of marriage.
27(2)If, by reason of the operation of subsection (1), more than one date could be the date of marriage of two spouses, the date of marriage shall be deemed to be the earlier or earliest of those dates.
27(3)If the spouse of a member or former member was cohabiting in a conjugal relationship with the member or former member immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.
27(4)For the purpose of the division of benefits or calculation of the commuted value of benefits under sections 28 to 34, the date of common-law partnership of a member or former member and his or her common-law partner is the date on which they commenced to cohabit with each other in accordance with paragraph (b) of the definition “common-law partner” in subsection 1(1) of the Act.
2011-60
Date of marriage or common-law partnership
27(1)Subject to subsections (2) and (3), for the purposes of the division of benefits or the commuted value of benefits under sections 28 to 34, the date of marriage of two spouses shall be
(a) if they are married to each other, the date on which they were married;
(b) if they are married to each other by a marriage that is voidable and has not been avoided by a declaration of nullity, the date on which they were married; or
(c) if they have gone through a form of marriage with each other in good faith that is void and have cohabited within the preceding year, the date on which they went through a form of marriage.
27(2)If, by reason of the operation of subsection (1), more than one date could be the date of marriage of two spouses, the date of marriage shall be deemed to be the earlier or earliest of those dates.
27(3)If the spouse of a member or former member was cohabiting in a conjugal relationship with the member or former member immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.
27(4)For the purpose of the division of benefits or calculation of the commuted value of benefits under sections 28 to 34, the date of common-law partnership of a member or former member and his or her common-law partner is the date on which they commenced to cohabit with each other in accordance with paragraph (b) of the definition “common-law partner” in subsection 1(1) of the Act.
2011-60
Date of marriage
27(1)For the purposes of division of benefits or the commuted value of benefits under sections 28 to 34, the date of marriage of a man and a woman who are spouses shall be
(a) in a case where the man and woman are spouses by reason of the operation of paragraph (a), (b) or (c) in the definition “spouse” in subsection 1(1) of the Act, the date on which they were married or went through a form of marriage, as the case may be, or
(b) in a case where the man and woman are spouses by reason of the operation of paragraph (d) in the definition “spouse” in subsection 1(1) of the Act, deemed to be the date on which they commenced to cohabit
(i) continuously for the period referred to in subparagraph (d)(i) in that definition, or
(ii) in the relationship referred to in subparagraph (d)(ii) of that definition,
as the case may be.
27(2)If, by reason of the operation of subsection (1), more than one date could be deemed to be or would be the date of marriage of a man and a woman, the date of marriage of the man and woman shall be deemed to be the earlier or earliest of those dates.