Canadian Pension Plan Versus Common Law

[kelso007]

Hi,

Just looking for some general information, not for me but for a friend. She has lived with her boyfriend for about four months and have been paying their own way without relying financially on each other. Now they have to attend a meeting this week to determine if he is still eligible, which obviously they say he is not because they claim "considered to be in a married like relationship" (exact quote from the friend in question).

My argument is that it is the Canadian Pension Plan, not Nova Scotian, not, Ontarian, not British Colombian but CANADIAN. This site under "Common Law Separation Canada FAQs" states "Under Federal law, you can request a division of CPP benefits if you have lived together for 12 consecutive months. As well, if you have lived together for 12 consecutive months, the same income tax rules apply to married and unmarried couples." So if the government is going to use 12 mths as a bearing for time under common-law for divison of benefits it should use the same time frame for this case as well. Even though the person is in Ontario (where I believed it was 3 mths previously & this site implies otherwise) they should follow the federal standard, not the provincial.

Any comments, questions, legal ruling or useful information that you have for me to pass on would be greatly appreciated!

[standing on the sidelines]

9. Who is a "spouse"?
For the purpose of the Canada Pension Plan, a "spouse" is the person to whom you are legally married.

"Common-law partners" is defined as two people, regardless of sex, who have lived together, in a conjugal relationship for at least one year.

This is straight from the CPP website.