OSFI Form 2: Attestation Regarding Spouse or Common-Law Partner

Federal pension law protects a spouse's or common-law partner's possible share of locked-in money. Before the owner can unlock money on most routes, they swear whether they have a spouse or common-law partner, and that person swears that they understand what they may give up and that they consent.

Section 2 of the Pension Benefits Standards Act, 1985 defines both terms. OSFI's FAQ adds two points: a spouse you have separated from but not divorced still counts, unless a court order or agreement dividing property clearly and unambiguously removes their right to a share of the money, in which case you note it on Form 2 and attach it; and a former common-law partner you no longer live with does not count.

These forms cover federally regulated locked-in money only: a locked-in RRSP, a life income fund (LIF), a restricted life income fund (RLIF) or a restricted locked-in savings plan (RLSP) holding money that came from a pension plan under the Pension Benefits Standards Act, 1985. That means the plans of employers in banking, telecommunications, interprovincial transportation and other federal undertakings. Money moved from the federal public service pension plan into a locked-in RRSP, LIF or RLIF follows the same rules. An Ontario LIRA or LIF that came from an Ontario employer's plan follows FSRA's forms instead, and those need no commissioner. Your account statement or your institution tells you which rules apply.

OSFI's FAQ lists three routes that need Form 2:

Each person who swears needs:

Your financial institution requires OSFI's own Form 2. Get it from the institution or download it from OSFI, copy the wording you prepared on this page onto it, and swear or affirm it before a notary public, commissioner or other person authorized to take affidavits. This page prepares the wording only; it does not replace the official form.

Send the sworn form to the institution that holds the account, never to OSFI or the Government. The institution decides whether you qualify and processes the request; OSFI does not approve or review individual forms.

The two parts do not have to be sworn together. OSFI's FAQ says the spouse or common-law partner may swear at a different time and before a different notary or commissioner, and a spouse living outside Canada may swear before a notary or other qualified person in their own country. Each person who swears attends an appointment and shows valid photo ID.

OSFI's FAQ says the role of the notary or commissioner "is to verify and witness the individual's signature, not to verify the contents". Our notary does not decide whether you qualify, does not calculate the amount and does not advise your spouse or common-law partner. Money taken out of a locked-in plan may lose the protection from creditors that the Pension Benefits Standards Act, 1985 gives it, and it may be taxable. The forms themselves say you may need professional advice.

Watch for these:

Fill in the form on this page to prepare your wording, then copy it onto OSFI's official form, from your financial institution or from OSFI's website. Do not sign it yet: the attestation is sworn or affirmed in front of a notary public or commissioner for taking affidavits.

When you are ready, book an appointment with Minute Notary and bring the official form filled in but unsigned, with your photo ID. The attestation can be sworn or affirmed before our notary by video across Ontario, or in person on a mobile visit. Ask your financial institution first whether it accepts an attestation sworn by video.