highlights the restrictions placed upon the administrator of the
CFSA pension. As the letter states:
Below you will find the financial information you requested under Section
13(2) of the Pension Benefits Division Act (PBDA), with respect to your pension entitlement under the Canadian Forces Superannuation Act.
Mr. Tim Fawcett would receive approximately $373,600.00 as a result of
the division of your pension for the cohabitation period of 14 May 1994 to
24 July 2013. This one-time lump sum payment must be deposited into his
locked-in RRSP account. There would be a corresponding reduction to your
pension of approximately $1,145.56 per month. For the cohabitation period
of 14 May 1994 to 8 March 2014 the approximate amount is $374,900.00.
The corresponding reduction to your pension is 1,149.67 per month. When
indexed, the increase to your pension would be based on the amount
remaining after the reduction, which is for life.
(Emphasis in original)
 The trial judge heard evidence from an actuary, Guy Martel. Mr. Martel prepared a report on the family law value of the
appellant’s other pension benefits. He also provided an opinion
on the appropriate tax rate to be applied to discount the appellant’s Canadian Forces pension.
 During his testimony, Mr. Martel was asked about the
administration of the Canadian Forces pension. He explained
the differences between a division of CFSA pension benefits and
pensions governed by provincial legislation. Mr. Martel testified
that the PBDA only allows for a lump-sum division. As he said:
The Canadian Forces pension that falls under the Pension Benefits Division
Act, that would also cover the Public Service Superannuation Act, [the]
RCMP Superannuation Act, the Members of Parliament Retirement
Allowance — those, those plans under the [PBDA], . . . the only option basically is to transfer a lump-sum amount up to 50 percent of the maximum
transferable amount, regardless of whether . . . the separation is before or
 In follow-up questions, Mr. Martel confirmed that the
“only way” to divide the CFSA pension is through a lump-sum
transfer, and if the parties wished to do things differently, “the
Forces will [be] unable to persist [sic] in that”. As discussed
below, the trial judge interpreted the applicable legislation the
 The appellant argued that the FLA determines how her
Canadian Forces pension should be treated as family property.
Because her pension is in pay, s. 10.1(5) of the FLA precludes
a lump-sum division; she could only be ordered to split her
monthly pension payments. The appellant argued that the
Pension Benefits Standards Act, 1985, R.S.C. 1985, c. 32 (2nd Supp.)