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Seizure

Can the benefits in the pension plan and the amounts paid out from the plan be seized?

General rule

  • The credits accumulated in the pension plan cannot be seized.
  • All amounts paid out from pension plan – for example, pensions or refunds – cannot be seized.

Certain exceptions

  • Half of the member's benefits in the pension plan or of the amounts paid out by the plan (monthly pension, lump-sum benefits) may be seized to pay a compensatory allowance, or for non-payment of support (for example, if support payments are in arrears).
  • The Canada Revenue Agency (CRA) may seize monthly pensions or lump-sum benefits paid from the pension plan for payment of taxes owed.

Note: Amounts in the pension plan may be divided as family assets.