Canada ( Minister of Human Resources Development ) v. Wiemer
A-193-97
Létourneau J.A.
9/6/98
11 pp.
Application for judicial review of Pension Appeal Board decision quashing Minister of Human Resources Development's decision to allow Mrs. Kukat's demand for division of respondent's unadjusted pensionable earnings pursuant to Canada Pension Plan (Act)-Issue whether Board erred in law when concluded Minister should have given due consideration to spousal agreement signed by respondent and Mrs. Kukat as well as to intention of parties expressed in agreement even though such agreement not binding on Minister as it failed to satisfy stringent conditions of Act, s. 55.2(3)-Respondent and Mrs. Kukat spouses within meaning of Act, s. 2(1) and conditions of Act, s. 55.1(1)(c) met for Mrs. Kukat to make application to seek division of respondent's unadjusted pensionable earnings-Board found in favour of respondent on grounds (1) that no evidence that person who approved Mrs. Kukat's application Minister or delegate; (2) that Minister ought to have taken into consideration agreement between Mrs. Kukat and respondent-Application allowed-No requirement under Act approval be given by Minister personally-Well recognized principle of implied delegation of ministerial powers in order to ensure proper and efficient functioning of public administrations-No evidence person who signed not authorized to sign approval-Under Act, s. 55.1(1)(c), once Minister has approved application because applicant meets conditions, mandatory division to take place unless two exceptions to regime applicable-Minister has no residual discretion not to operate division of unadjusted pensionable earnings-Intent of Parliament clearly to install regime of compulsory credits splitting to protect spouses or former spouses in case of failure of their marriage or common law relationship-Canada Pension Plan, ss. 55.1(1) (as am. by R.S.C., 1985 (2nd Supp), c. 30, s. 23; S.C. 1991, c. 44, s. 7), 55.2(3) (as am. by R.S.C., 1985 (2nd Supp), c. 30, s. 23).