Pension Benefits Act

CHAPTER 340

OF THE

REVISED STATUTES, 1989

amended 1992, c. 27; 1993, c. 35; 2000, c. 29, ss. 26-30;
2001, c. 6, s. 120; 2002, c. 21; 2006, c. 42; 2007, c. 49

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting Pension Benefits

Short title

1 This Act may be cited as the Pension Benefits Act. R.S., c. 340, s. 1.

Interpretation

2 In this Act,

(a) "additional voluntary contribution" means a contribution to a pension fund by a member of a pension plan beyond any amount that the member is required to contribute, but does not include optional ancillary contributions or a contribution in relation to which the employer is required to make a concurrent additional contribution to the pension fund;

(b) "administrator" means a person who administers a pension plan;

(c) "affiliate" means either of two corporations where one is a subsidiary of the other, or either of two corporations that are subsidiaries of the same body corporate or are controlled by the same person;

(d) "assets", in relation to an employer, means assets that in the ordinary course of business would be entered in books of account, whether or not a particular asset is entered in the books of account of the employer;

(e) "bridging benefit" means a periodic payment provided under a pension plan to a former member of the pension plan for a temporary period of time after retirement for the purpose of supplementing the former member's pension benefit until the former member is eligible to receive benefits under the Old Age Security Act (Canada) or is either eligible for or commences to receive retirement benefits under the Canada Pension Plan or the Quebec Pension Plan;

(f) "certified copy" means a copy certified to be a true copy;

(g) "collective agreement" has the same meaning as in the Trade Union Act;

(ga) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least two years, neither of them being a spouse;

(h) "commuted value" means the value, calculated in the prescribed manner and as of a fixed date, of a pension, a deferred pension, a pension benefit or an ancillary benefit;

(i) "continuous", in relation to employment, membership or service, means continuous without regard to periods of temporary suspension of the employment, membership or service and without regard to periods of lay-off from employment;

(j) "contributory benefit" means a pension benefit or part of a pension benefit to which a member is required to make contributions under the terms of the pension plan;

(k) "deferred pension" means a pension benefit, payment of which is deferred until the person entitled to the pension benefit reaches the normal retirement date;

(l) "defined benefit" means a pension benefit other than a defined contribution benefit;

(m) "defined contribution benefit" means a pension benefit determined with reference to and provided by contributions, and the interest on the contributions, paid by or for the credit of a member and determined on an individual account basis;

(n) "designated province" means a province of Canada that is prescribed as a province in which there is in force legislation substantially similar to this Act;

(o) "employee" means a natural person who is employed by an employer;

(p) "employer", in relation to a pension plan, a member of a pension plan or a former member of a pension plan, means the employer required to make contributions under the pension plan;

(q) "file" means file with the Superintendent;

(r) "former member" means a person who has terminated employment or membership in a pension plan and

(s) "insurance company" means a corporation authorized to undertake life insurance in Canada;

(t) "joint and survivor pension" means a pension payable until the death of the member or former member or the death of the spouse or common-law partner of the member or former member, whichever occurs later;

(u) "member" means a member of the pension plan;

(v) "Minister" means the Minister of Environment and Labour;

(w) "multi-employer pension plan" means a pension plan established and maintained for employees of two or more employers who contribute or on whose behalf contributions are made to a pension fund by reason of agreement, statute or municipal by-law to provide a pension benefit that is determined by service with one or more of the employers, but does not include a pension plan where all the employers are affiliates of each other;

(x) "normal retirement date" means the date or age specified in the pension plan as the normal retirement date of members;

(xa) "optional ancillary benefits" means enhanced benefits under a defined benefit provision in a pension plan that are

(xb) "optional ancillary contributions" means contributions made by a member or former member to a pension plan, for conversion to optional ancillary benefits, that are in addition to those contributions required to obtain a pension, and includes interest on the contributions;

(y) "partial wind up" means the termination of part of a pension plan and the distribution of the assets of the pension fund related to that part of the pension plan;

(z) "participating employer", in relation to a multi-employer pension plan, means an employer required to make contributions to a multi-employer pension plan;

(aa) "pension" means a pension benefit that is in payment;

(ab) "pension benefit" means the aggregate monthly, annual or other periodic amounts payable to a member or former member during the lifetime of the member or former member, to which the member or former member will become entitled under the pension plan or to which any other person is entitled upon the death of a member or former member;

(ac) "pension committee" means a committee that is an administrator;

(ad) "pension fund" means the fund maintained to provide benefits under or related to a pension plan;

(ae) "pension plan" means a plan organized and administered to provide pensions for members and under which the employer of the member is required to make contributions, and includes a multi-employer pension plan but does not include

(af) "prescribed" means prescribed by the regulations;

(ag) "qualification date" means, in respect of the Province, the first day of January, 1977, and, in respect of a designated province, the date on which under the law of the designated province a pension plan must be registered by the proper authority in the designated province;

(ah) "reciprocal transfer agreement" means an agreement related to two or more pension plans that provides for the transfer of money or credits for employment or both in respect of individual members;

(ai) "registration" means registration pursuant to this Act;

(aj) "spouse or a common-law partner" means either of a man and woman who

(ak) "Superintendent" means the Superintendent of Pensions;

(al) "surplus" means the excess of the value of the assets of a pension fund over the value of the liabilities under the pension plan, both calculated in the prescribed manner;

(am) "termination", in relation to employment, includes retirement and death;

(an) "trade union" has the same meaning as in the Trade Union Act;

(ao) "wind up" means the termination of a pension plan in whole or in part and the distribution of the assets of the pension fund;

(ap) "year's maximum pensionable earnings" has the same meanings as in the Canada Pension Plan. R.S., c. 340, s. 2; 2000, c. 29, ss. 26, 30; 2002, c. 21, s. 1.

Deemed province of employment

3 (1) For the purposes of this Act, a person is deemed to be employed in the province in which the establishment of the employer is located and to which the person is required to report for work.

(2) A person who is not required to report for work at an establishment of the employer is deemed to be employed in the province in which is located the establishment of the employer from which the person's remuneration is paid. R.S., c. 340, s. 3.

APPLICATION OF ACT

Application to pension plans

4 (1) This Act applies to every pension plan that is provided for persons employed in the Province.

(2) repealed 2002, c. 21, s. 2.

R.S., c. 340, s. 4; 2002, c. 21, s. 2.

More advantageous plans

5 This Act and the regulations shall not be construed to prevent the registration or administration of a pension plan and related pension fund that provide pension benefits or ancillary benefits more advantageous to members than those required by this Act and the regulations. R.S., c. 340, s. 5.

ADMINISTRATION OF ACT

Supervision of Act and regulations

6 The Minister has the general supervision and management of this Act and the regulations. R.S., c. 340, s. 6.

Powers of Minister

7 Subject to the approval of the Governor in Council, the Minister may

(a) enter into agreements with a designated province or the Government of Canada to provide for the reciprocal application and enforcement of pension benefits legislation, the reciprocal registration, audit and inspection of pension plans and for the establishment of a Canadian association of pension supervisory authorities;

(b) authorize a Canadian association of pension supervisory authorities to carry out such duties on behalf of the Minister as the Minister may require;

(c) delegate to or accept delegation from a pension supervisory authority, a designated province or the Government of Canada of such functions and powers pursuant to this Act as the Minister may determine. R.S., c. 340, s. 7.

Agreements

7A (1) In this Section, "multi-jurisdictional pension plan" means a pension plan to which this Act and the regulations apply and to which pension-benefits legislation of one or more prescribed jurisdictions in Canada also applies.

(2) With the approval of the Governor in Council, the Minister may enter into one or more agreements described in subsection (3) with the government of a prescribed jurisdiction in Canada, with a government agency of such a jurisdiction or with another person who has supervisory or regulatory powers under pension-benefits legislation of such a jurisdiction.

(3) An agreement may provide for matters relating to the application of this Act and the regulations to multi-jurisdictional pension plans, the application of pension-benefits legislation of a prescribed jurisdiction in Canada to such pension plans and the supervision and regulation of such pension plans.

(4) Without limiting the generality of subsection (3), an agreement may provide for

(a) matters respecting the administration and enforcement of this Act and the regulations and of the pension-benefits legislation of a prescribed jurisdiction in Canada;

(b) the delegation of any powers and duties of the Superintendent under this Act and the regulations to a person who has supervisory or regulatory powers under pension-benefits legislation of a prescribed jurisdiction;

(c) the delegation to the Superintendent of any powers and duties under pension-benefits legislation of a prescribed jurisdiction of a person who has supervisory or regulatory powers under that legislation.

(5) Where an agreement specifies that the pension-benefits legislation of a prescribed jurisdiction in Canada governs multi-jurisdictional pension plans instead of all or part of this Act and the regulations,

(a) this Act and the regulations cease to apply to the multi-jurisdictional pension plans to the extent specified in the agreement; and

(b) the pension-benefits legislation of the prescribed jurisdiction applies, in lieu of this Act and the regulations, to the multi-jurisdictional pension plans to the extent and in the manner specified in the agreement.

(6) Subsection (5) ceases to apply if the Minister ceases to be a party to the agreement.

(7) An agreement or an amendment to an agreement does not come into effect in the Province until the date specified in the agreement or the amendment, whichever date is later.

(8) The Superintendent shall make a copy of each agreement and any amendments to an agreement available for inspection by the public upon request.

(9) The Superintendent may accept a delegation described in clause (c) of subsection (4). 2002, c. 21, s. 3.

Superintendent and other personnel

8 (1) A Superintendent of Pensions, who shall be the chief administrative officer, and such officers and employees as are necessary to enable the Superintendent to perform the duties of the Superintendent shall be appointed in accordance with the Civil Service Act.

(2) The Superintendent, in exercising and performing the Superintendent's functions, duties and powers pursuant to this Act and the regulations, shall act in accordance with the directions of the Minister. R.S., c. 340, s. 8.

Experts

9 The Minister may engage the services of such counsel, actuaries, accountants and other experts to advise the Superintendent in respect of matters as the Minister deems necessary for the efficient carrying out of the Superintendent's duties and functions pursuant to this Act. R.S., c. 340, s. 9.

Duties of Superintendent

10 The Superintendent shall

(a) promote the establishment, extension and improvement of pension plans throughout the Province;

(b) make recommendations to the Minister in respect of pension plans throughout the Province; and

(c) perform such functions and discharge such duties as are assigned from time to time by the Governor in Council or the Minister. R.S., c. 340, s. 10.

Surveys, research and information

11 (1) The Superintendent shall conduct surveys and research programs and compile statistical information related to pensions and pension plans.

(2) The Superintendent may request an employer, an administrator or a member of a pension plan to provide information necessary to compile the statistical information and such person shall comply with the request within a reasonable period of time.

(3) The Superintendent shall use the information only for the purpose of compiling the statistical information and shall not otherwise reveal the information without the consent of the person who supplies the information. R.S., c. 340, s. 11.

REGISTRATION AND ADMINISTRATION

Requirement for certificate or acknowledgement

12 No person shall administer a pension plan, except during the first ninety days after the establishment of the plan, unless a certificate of registration or an acknowledgement of application for registration of the pension plan has been issued by the Superintendent. R.S., c. 340, s. 12.

Where refusal or revocation

13 Where registration of a pension plan has been refused or revoked by the Superintendent, no person shall administer the plan except for the purpose of wind up. R.S., c. 340, s. 13.

Who may administer

14 (1) A pension plan is not eligible for registration unless it is administered by an administrator who is

(a) the employer;

(b) a pension committee composed of one or more representatives of

(c) a pension committee composed of representatives of the members;

(d) the insurance company that provides the pension benefits where all the pension benefits are guaranteed by the insurance company;

(e) where the pension plan is a multi-employer pension plan established pursuant to a collective agreement or a trust agreement, a board of trustees appointed pursuant to the pension plan or a trust agreement establishing the pension plan of whom at least one half are representatives of members of the multi-employer pension plan and a majority of such representatives of the members must be Canadian citizens or landed immigrants;

(ea) a person appointed as administrator by the Superintendent pursuant to Section 76; or

(f) a board, agency or commission made responsible by an enactment for the administration of the pension plan.

(2) A pension committee, or a board of trustees, that is the administrator of a pension plan may include a representative of persons who are receiving pensions under the pension plan.

(3) In clause (b) of subsection (1), "employer" includes an affiliate. R.S., c. 340, s. 14; 2002, c. 21, s. 4.

Application for registration

15 (1) The administrator of a pension plan shall apply to the Superintendent, within the prescribed period, for registration of the pension plan.

(2) An application for registration shall be made by paying the prescribed fee to the Superintendent and filing

(a) a completed application in the prescribed form;

(b) certified copies of the documents that create and support the pension plan;

(c) certified copies of the documents that create and support the pension fund;

(d) a certified copy of any reciprocal transfer agreement related to the pension plan;

(e) a certified copy of the explanations and other information provided pursuant to subsection (1) of Section 31; and

(f) any prescribed documents.

(3) In subsection (2), "document" includes a collective agreement. R.S., c. 340, s. 15; 2002, c. 21, s. 5.

Content of pension plan documents

16 (1) The documents that create and support a pension plan shall set out

(a) the method of appointment and the details of appointment of the administrator;

(b) the conditions for membership;

(c) the benefits and rights that are to accrue upon termination of employment, termination of membership, retirement or death;

(d) the normal retirement date;

(da) the requirements for entitlement under the pension plan to any pension benefit or ancillary benefit;

(e) the contributions or the method of calculating the contributions required;

(f) the method of determining benefits payable;

(g) repealed 2002, c. 21, s. 6.

(h) the method of calculating interest to be credited to contributions;

(i) the mechanism for payment of the cost of administration of the pension plan and pension fund;

(j) the mechanism for establishing and maintaining the pension fund;

(k) the treatment of surplus during the continuation of the pension plan and on the wind up;

(ka) the method of allocation of the assets of the pension plan on windup;

(kb) particulars of any predecessor pension plan under which members of the plan may be entitled to pension benefits;

(l) the obligation of the administrator to provide members with information and documents required to be disclosed under this Act and the regulations; and

(m) any prescribed information related to the pension plan or pension fund.

(2) The documents that create and support a multi-employer pension plan pursuant to a collective agreement or a trust agreement shall set out the powers and duties of the board of trustees that is the administrator of the multi-employer pension plan. R.S., c. 340, s. 16; 2002, c. 21, s. 6.

Accrual, computation and allocation formula

17 (1) A pension plan is not eligible for registration unless it provides for the accrual of pension benefits in a gradual and uniform manner.

(2) A pension plan is not eligible for registration if the formula for computation of the employer's contributions to the pension fund or the pension benefit provided under the pension plan is variable at the discretion of the employer.

(3) A deferred profit-sharing pension plan or a pension plan that provides defined contribution benefits is not eligible for registration if the formula governing allocation of contributions to the pension fund and profits among members of the plan is variable at the discretion of the employer.

(4) and (5) repealed 2002, c. 21, s. 7.

(6) Notwithstanding subsections (1) to (4), the Superintendent may register a pension plan if the Superintendent is of the opinion that registration is justified in the circumstances of the pension plan and the members. R.S., c. 340, s. 17; 2002, c. 21, s. 7.

Application for registration of amendment

18 (1) The administrator of a pension plan shall apply to the Superintendent, within sixty days after the date on which the pension plan is amended, for registration of the amendment.

(2) An application for registration of an amendment shall be made by paying the prescribed fee to the Superintendent and filing

(a) a certified copy of the amending document;

(b) certified copies of any prescribed documents; and

(c) any prescribed information.

(3) The administrator of a pension plan shall file a certified copy of each document that changes the documents that create and support the pension plan or pension fund. R.S., c. 340, s. 18.

Effective date of amendment

19 (1) An amendment to a pension plan is not effective until an application for registration of the amendment is made in accordance with this Act and the regulations.

(2) An amendment to a pension plan may be made effective as of a date before the date on which the amendment is registered. R.S., c. 340, s. 19.

Amendment void

20 (1) An amendment to a pension plan is void if the amendment reduces

(a) the amount or the commuted value of a pension benefit accrued under the pension plan with respect to employment before the effective date of the amendment;

(b) the amount or the commuted value of a pension or a deferred pension accrued under the pension plan; or

(c) the amount or the commuted value of an ancillary benefit for which a former member has met all eligibility requirements under the pension plan necessary to exercise the right to receive payment of the benefit.

(2) Subsection (1) does not apply to a multi-employer pension plan established pursuant to a collective agreement or a trust agreement.

(3) Subsection (1) does not apply to a pension plan that provides defined benefits if the obligation of the employer to contribute to the pension fund is limited to a fixed amount set out in a collective agreement. R.S., c. 340, s. 20; 2002, c. 21, s. 8.

Acknowledgement of application

21 The Superintendent shall issue an acknowledgment of application for registration of a pension plan within thirty days after receiving an application for registration that complies with this Act and the regulations. R.S., c. 340, s. 21; 2002, c. 21, s. 9.

Certificate of registration

22 The Superintendent shall issue a certificate of registration for each pension plan registered pursuant to this Act. R.S., c. 340, s. 22.

Notice of registration

23 The Superintendent shall issue a notice of registration for each amendment to a pension plan registered pursuant to this Act. R.S., c. 340, s. 23.

Refusal and revocation

24 (1) The Superintendent may

(a) refuse to register a pension plan that does not comply with this Act and the regulations;

(b) revoke the registration of a pension plan that does not comply with this Act and the regulations;

(c) revoke the registration of a pension plan that is not being administered in accordance with this Act and the regulations;

(d) refuse to register an amendment to a pension plan if the amendment is void or if the pension plan with the amendment would cease to comply with this Act and the regulations;

(e) revoke the registration of an amendment that does not comply with this Act and the regulations.

(2) The authority of the Superintendent pursuant to subsection (1) is subject to the right to a reconsideration pursuant to Section 89.

(3) A refusal of registration of a pension plan or a revocation of registration of a pension plan operates to terminate the pension plan as of the date specified by the Superintendent.

(4) A refusal of registration of an amendment to a pension plan or the revocation of an amendment to a pension plan operates to terminate the amendment as of the date specified by the Superintendent.

(5) Where registration of a pension plan is refused or revoked, the administrator shall wind up the pension plan in accordance with this Act and the regulations. R.S., c. 340, s. 24; 2002, c. 21, s. 10.

Amendment of existing plans

25 (1) Every employer who maintains a pension plan on the first day of January, 1988, shall amend the pension plan to conform with this Act and the regulations within two years after that date.

(2) Where a pension plan is governed by a collective agreement or an arbitration award made pursuant to the Trade Union Act that requires a provision contrary to this Act or the regulations and that is in effect on the first day of January, 1988, the parties to the collective agreement or arbitration award shall amend the pension plan to conform to this Act and the regulations not later than

(a) the first day of January, 1991; or

(b) where the collective agreement or arbitration award expires on or after the first day of January, 1988, and before or on the first day of January, 1991, upon such expiry.

(3) The Superintendent shall not refuse to register a pension plan that is governed by a collective agreement or an arbitration award made pursuant to the Trade Union Act that requires a provision contrary to this Act or the regulations and that is the subject of an application for registration submitted on or after the first day of January, 1988, if the pension plan would have been eligible for registration pursuant to Chapter 14 of the Acts of 1975. R.S., c. 340, s. 25.

Administration of plan and fund

26 (1) The administrator of a pension plan shall ensure that the pension plan and the pension fund are administered in accordance with this Act and the regulations.

(1A) Subsection (1) applies whether or not the pension plan is amended to comply with this Act and the regulations.

(2) The administrator shall ensure that the pension plan and the pension fund are administered in accordance with

(a) the filed documents in respect of which the Superintendent has issued an acknowledgment of application for registration or a certificate of registration, whichever is issued later; and

(b) the filed documents in respect of an application for registration of an amendment to the pension plan, if the application complies with this Act and the regulations and the amendment is not void pursuant to this Act.

(3) The administrator may administer or permit administration of the pension plan and the pension fund in accordance with an amendment pending registration or refusal of registration of the amendment.

(4) Subsection (2) does not apply to enable the administrator to administer the pension plan contrary to this Act and the regulations. R.S., c. 340, s. 26; 2002, c. 21, s. 11.

Annual returns

27 (1) The administrator of a pension plan shall file each year an annual information return in respect of the pension plan in the prescribed form and shall pay the prescribed filing fee.

(2) The administrator shall file additional reports at the times and containing the information prescribed. R.S., c. 340, s. 27.

Filing of reciprocal transfer agreement

28 An administrator of a pension plan shall file a certified copy of a reciprocal transfer agreement entered into in respect of the pension plan. R.S., c. 340, s. 28.

Care, diligence, knowledge and skill

29 (1) The administrator of a pension plan shall exercise the care, diligence and skill in the administration and investment of the pension fund that a person of ordinary prudence would exercise in dealing with the property of another person.

(2) The administrator or, if the administrator is a committee or a board of trustees, a member of the committee or board shall use in the administration of the pension plan, and in the administration and investment of the pension fund, all relevant knowledge and skill that the administrator or member possesses or, by reason of profession, business or calling, ought to possess.

(3) The administrator or, if the administrator is a pension committee or a board of trustees, a member of the committee or board shall not knowingly permit the administrator's or member's interest to conflict with the administrator's or member's duties and powers in respect of the pension fund.

(4) Where it is reasonable and prudent in the circumstances to do so, an administrator may employ one or more agents to carry out any act required to be done in the administration of the pension plan and in the administration and investment of the pension fund.

(4A) No person other than a prescribed person shall be a trustee of a pension fund.

(5) An administrator who employs an agent shall personally select the agent and be satisfied of the agent's suitability to perform the act for which the agent is employed, and the administrator shall carry out such supervision of the agent as is prudent and reasonable.

(6) An employee or agent of an administrator is also subject to the standards that apply to the administrator pursuant to subsections (1), (2) and (3).

(7) The administrator or, if the administrator is a pension committee or a board of trustees, a member of the committee or board is not entitled to any benefit from the pension plan other than pension benefits and fees and expenses related to the administration of the pension plan and permitted by law or provided for in the pension plan.

(8) An agent of the administrator is not entitled to payment from the pension fund other than the usual and reasonable fees and expenses for the services provided by the agent in respect of the pension plan. R.S., c. 340, s. 29; 2002, c. 21, s. 12.

Information from employer

30 The employer shall provide to the administrator of a pension plan any information required by the administrator for the purpose of complying with the terms of the pension plan or of this Act or the regulations. R.S., c. 340, s. 30.

Advisory committee

30A (1) The members and former members of the pension plan, by the decision of a majority of those members participating in a vote, may establish an advisory committee.

(2) Each class of employees that is represented in the pension plan is entitled to appoint at least one representative to the advisory committee established pursuant to subsection (1).

(3) The former members of the pension plan are entitled to appoint one representative to the advisory committee established pursuant to subsection (1).

(4) An advisory committee shall

(a) monitor the administration of the pension plan;

(b) make recommendations to the administrator respecting the administration of the pension plan; and

(c) promote awareness and understanding of the pension plan on the part of members of the pension plan and persons receiving pension benefits under the pension plan.

(5) An advisory committee or its representative has the right to examine the records of the administrator in respect of the administration of the pension plan and the pension fund and to make extracts from and copies of the records, but this subsection does not apply in respect of information as to the service, salary, pension benefits or other personal information related to any specific person without that person's prior consent.

(6) Subsection (1) does not apply

(a) where the pension plan is administered by a pension committee at least one of the members of which is appointed by the members of the pension plan; or

(b) in respect of a multi-employer pension plan established pursuant to a collective agreement.

(7) The administrator of a pension plan shall provide to the advisory committee or its representative such information as is under the control of the administrator and is required by the advisory committee or its representative for the purpose of the committee. 2002, c. 21, s. 13.

DISCLOSURE OF INFORMATION

Information for member

31 (1) The administrator of a pension plan shall provide in writing to each person who will be eligible or is required to become a member

(a) an explanation of the provisions of the plan that apply to that person;

(b) an explanation of that person's rights and obligations in respect of the pension plan; and

(c) any information prescribed.

(2) The administrator shall provide the information mentioned in subsection (1) to

(a) each person who becomes a member within the prescribed period of time after the date on which the pension plan is established;

(b) a person who is likely to become eligible to become a member of the pension plan, within the prescribed period of time before the date on which that person is likely to become eligible;

(c) each person who becomes eligible to become a member of the pension plan upon becoming employed by the employer, within the prescribed period of time after the date on which that person becomes so employed.

(3) The employer shall transmit to the administrator the information necessary to enable the administrator to comply with subsection (2) and shall transmit the information in sufficient time to enable the administrator to comply with the time limits set out in that subsection. R.S., c. 340, s. 31.

Invitation for comments on amendment

32 (1) Where the administrator of a pension plan applies for registration of an amendment to the pension plan that may reduce the prospective pension benefits, rights or obligations of a member or former member or a person entitled to payments from the pension fund, the Superintendent shall require the administrator to transmit to each such member, former member or other person a written notice containing an explanation of the amendment and inviting comments to be submitted to the administrator and the Superintendent, and the administrator shall provide to the Superintendent a copy of the notice and shall certify to the Superintendent the date on which the last such notice was transmitted.

(2) Where the Superintendent has required the administrator to transmit notices pursuant to subsection (1), the Superintendent shall not register an amendment mentioned in that subsection before the expiration of forty-five days after the date certified to the Superintendent pursuant to that subsection, but, after the expiration of the forty-five day period, the Superintendent may register the amendment with such changes as are requested in writing by the administrator.

(3) Within the prescribed period of time after an amendment to a pension plan is registered, the administrator shall transmit notice and an explanation of the amendment to each member, former member and other person affected by the amendment.

(4) The Superintendent need not require the transmittal of notices pursuant to subsection (1) or may by order dispense with the notice required by subsection (3), or both, if the Superintendent is of the opinion that the amendment is of a technical nature and will not substantially affect the pension benefits, rights or obligations of a member or former member or a person entitled to payments from the pension fund or if the amendment has been agreed to by a trade union that represents the members or if the amendment is in respect of a multi-employer pension plan established pursuant to a collective agreement or a trust agreement.

(5) Where a proposed amendment affects members or former members represented by a trade union that is a party to a collective agreement filed as the document that creates or supports a pension plan, the administrator shall transmit to the trade union the written notice referred to in subsection (1). R.S., c. 340, s. 32; 2002, c. 21, s. 14.

Annual statement

33 The administrator of a pension plan shall transmit annually to each member a written statement containing the prescribed information in respect of the pension plan, the member's pension benefits and any ancillary benefits. R.S., c. 340, s. 33.

Information upon ceasing to be member

34 (1) Where a member of a pension plan terminates employment with the employer or otherwise ceases to be a member, the administrator of the pension plan shall give to the member, or to any other person who as a result becomes entitled to a payment under the pension plan, a written statement setting out the prescribed information in respect of the benefits, rights and obligations of the member or other person.

(2) Subsection (1) applies in respect of a multi-employer pension plan where a member ceases to be a member, but does not apply where a member terminates employment with an employer but continues to be a member. R.S., c. 340, s. 34.

Persons entitled to information

35 (1) On written request, the administrator of a pension plan shall make available the prescribed documents and information in respect of the pension plan for inspection without charge by

(a) a member;

(b) a former member;

(c) the spouse or common-law partner of a member or former member;

(ca) any other person entitled to pension benefits under the pension plan;

(d) an agent authorized in writing by a person referred to in clause (a), (b), (c), (ca), (f) or (g);

(e) a representative of a trade union that represents members of the pension plan;

(f) an employer;

(g) a person required to make contributions under a pension plan on behalf of an employer;

(h) any other prescribed person.

(2) The administrator shall make the prescribed documents and information available

(a) for a member, at the premises of the employer where the member is employed;

(b) for a former member, at the premises where the former member was employed;

(c) for a member, former member or any other person, at such other location as may be agreed upon by the administrator and the member, former member or other person making the request.

(3) The administrator shall permit the person making the inspection to make extracts from or to copy the prescribed documents and information.

(4) On request, the administrator shall provide the person making the inspection with copies of any of the prescribed documents or information upon payment to the administrator of a reasonable fee.

(5) A member, former member, a spouse or common-law partner, another person, an agent of any of them, or a trade union by a representative, is entitled to make an inspection pursuant to subsection (1) not more than once in a calendar year. R.S., c. 340, s. 35; 2000, c. 29, s. 30; 2002, c. 21, s. 15.

Inspection of plan documents

36 (1) The persons mentioned in subsection (1) of Section 35 and the administrator are entitled to inspect, at the offices of the Superintendent during business hours of the Superintendent, the documents that comprise a pension plan and such other prescribed documents as are filed in respect of the pension plan, and are entitled to copies of the documents upon payment of the prescribed fees.

(2) repealed 2002, c. 21, s. 16.

R.S., c. 340, s. 36; 2000, c. 29, s. 3; 2002, c. 21, s. 16.

MEMBERSHIP

Eligibility and length of employment

37 (1) Every employee of a prescribed class of employees for whom a pension plan is established is eligible to be a member.

(2) An employee in a prescribed class of employees for whom a pension plan is maintained is entitled to become a member upon application at any time after completing twenty-four months, or such lesser time as the plan provides, of continuous full-time employment.

(3) A pension plan may require not more than twenty-four months of less than full-time continuous employment with the employer with the lesser of earnings of not less than thirty-five per cent of the year's maximum pensionable earnings or seven hundred hours of employment with the employer in each of two consecutive calendar years immediately prior to membership in the pension plan, or such equivalent basis as is approved by the Superintendent, as a condition precedent to membership.

(4) A multi-employer pension plan may require not more than the lesser of

(a) earnings of not less than thirty-five per cent of the year's maximum pensionable earnings with one or more participating employers; or

(b) seven hundred hours of employment with one or more participating employers,

in each of the two consecutive calendar years immediately before the year in which membership is applied for, or such equivalent basis as is approved by the Superintendent, as a condition precedent to membership in the multi-employer pension plan.

(5) The Superintendent may give the approval mentioned in subsection (3) or (4) if the Superintendent is of the opinion that the basis is equivalent in the circumstances to the earnings mentioned in the subsection. R.S., c. 340, s. 37; 2002, c. 21, s. 17.

Continuation as member of plan

37A An employee who is a member of a pension plan shall continue as a member of that plan so long as the employee's employment, in respect of which the pension plan is maintained, continues. 1992, c. 27, s. 1.

Drop in part-time employment

38 A member of a pension plan who is employed continuously on a less than full-time basis does not cease to be a member by reason only that the member has earnings of less than thirty-five per cent of the year's maximum pensionable earnings in a calendar year or is employed for fewer than seven hundred hours in a calendar year. R.S., c. 340, s. 38; 2002, c. 21, s. 18.

Order to accept employee

39 (1) Where there is a dispute as to whether or not an employee is a member of a prescribed class of employees for whom a pension plan is established or maintained, the Superintendent may, subject to Section 89, by order require the administrator to accept the employee as a member.

(2) The Superintendent may make the order if the Superintendent is of the opinion that, on the basis of the nature of the employment or of the terms of employment of the employee, the employee is a member of the prescribed class. R.S., c. 340, s. 39.

Separate plan for part-time employees

40 An employer may establish or maintain a separate pension plan for employees employed in less than full-time continuous employment if the separate pension plan provides pension benefits and other benefits reasonably equivalent to those provided under the pension plan maintained by the employer for employees of the same class employed in full-time continuous employment. R.S., c. 340, s. 40.

RETIREMENT AND VESTING

Pension entitlement and retirement date

41 (1) A member of a pension plan is entitled to a pension under the pension plan calculated in accordance with the benefit formula of the pension plan where the member's employment with the employer is terminated on or after the normal retirement date under the pension plan and where

(a) the member was a member for a continuous period of at least twenty-four months on or after the first day of January, 1988; or

(b) the member was employed by the employer, or was a member, for a continuous period of at least ten years at the date of termination of the employment.

(2) The normal retirement date under a pension plan submitted for registration on or after the first day of January, 1988, shall not be later than one year after the attainment of sixty-five years of age.

(3) Every pension plan registered or submitted for registration before the first day of January, 1988, shall be deemed to specify a normal retirement date in respect of pension benefits that accrue on or after the first day of January, 1988, that is not later than one year after the attainment of sixty-five years of age, unless the pension plan specifies an earlier normal retirement date.

(4) A member who continues to be employed by the employer after the normal retirement date, and who is not receiving a pension under the pension plan, has the right to continue to be a member to the date of termination of the employment and has the right to continue to accrue pension benefits calculated in accordance with the benefit and contribution formula of the pension plan to the date of termination of the employment to the maximum benefits allowed under the pension plan. R.S., c. 340, s. 41.

Deferred pension for past service

42 (1) A member of a pension plan who

(a) has been employed by the employer, or has been a member of the pension plan, for a continuous period of at least ten years;

(b) has reached the age of forty-five years; and

(c) has terminated employment before reaching the normal retirement date under the pension plan,

is entitled to a deferred pension equal to the pension benefit provided under the pension plan as it existed on the thirty-first day of December, 1987, in respect of employment before the first day of January, 1988, in the Province or in a designated province,

(d) under the terms of the pension plan, with respect to employment on or after the qualification date;

(e) by an amendment to the pension plan made on or after the qualification date;

(f) by the creation of a new pension plan on or after the qualification date.

(2) Subsection (1) does not apply in respect of benefits that result from additional voluntary contributions. R.S., c. 340, s. 42.

Deferred pension

43 (1) A member of a pension plan who

(a) is a member on or after the first day of January, 1988;

(b) is a member for a continuous period of at least twenty-four months, counting time as a member both before and on and after the first day of January, 1988; and

(c) has terminated employment before reaching the normal retirement date under the pension plan,

is entitled to a deferred pension equal to

(d) the pension benefit provided under the pension plan in respect of employment in the Province or in a designated province on or after the first day of January, 1988, or on or after the qualification date if the qualification date is later than the first day of January, 1988;

(e) the pension benefit that results from any amendment to the pension plan on or after the first day of January, 1988;

(f) the pension benefit under a new pension plan established on or after the first day of January, 1988, for members of the pension plan.

(2) Subsection (1) does not apply in respect of benefits that result from additional voluntary contributions. R.S., c. 340, s. 43; 2002, c. 21, s. 19.

Termination of membership

44 (1) A person who is

(a) a member of a multi-employer pension plan;

(b) a member of a pension plan who is employed by the employer on a less than full-time basis; or

(c) a member of a pension plan who has been laid off from employment by the employer,

is entitled to terminate membership in the pension plan if no contributions are paid or are required to be paid to the pension fund by or on behalf of the member for twenty-four consecutive months or for such shorter period of time as is specified in the pension plan.

(2) For the purpose of determining benefits pursuant to this Act, a person who terminates membership in a pension plan is deemed to have terminated employment.

(3) Subsections (1) and (2) do not apply if contributions are not paid or are not required to be paid because the person has become a member of another pension plan and there is a reciprocal transfer agreement respecting the two pension plans.

(4) For the purpose of determining entitlements to a deferred pension, a member of a multi-employer pension plan who terminates employment with a participating employer or an employer on whose behalf contributions are made under the pension plan is deemed not to have terminated employment until the member terminates membership in the pension plan.

(5) Where a member of a multi-employer pension plan is represented by a trade union that, in accordance with the Trade Union Act ceases to represent the member, and the member joins a different pension plan, a member is entitled to terminate membership in the first plan.

(6) Subsection (5) does not apply where there is a reciprocal agreement respecting the two pension plans. R.S., c. 340, s. 44; 2002, c. 21, s. 20.

Notice of overdue contribution

45 (1) The administrator of a pension plan or, if there is an agent of the administrator responsible for receiving contributions under the pension plan, the administrator and the agent shall give written notice to the Superintendent of a contribution that is not paid when due.

(2) The administrator and the agent shall give the notice to the Superintendent within sixty days after the date on which the administrator or the agent first became aware of the failure to pay the contribution. R.S., c. 340, s. 45.

Employee and employer contributions to be held in trust

46 (1) Where an employer receives money from an employee pursuant to an arrangement that the employer will pay the money into a pension fund as the employee's contribution under the pension plan, the employer shall hold the money in trust for the employee until the employer pays the money into the pension fund.

(2) For the purposes of subsection (1), money withheld by an employer, whether by payroll deduction or otherwise, from money payable to an employee is deemed to be money received by the employer from the employee.

(3) An employer who is required to pay contributions to a pension fund shall hold in trust for the beneficiaries of the pension plan an amount of money equal to the employer contributions due and not paid into the pension fund.

(4) Where a pension plan is wound up in whole or in part, an employer who is required to pay contributions to the pension fund shall hold in trust for the beneficiaries of the pension plan an amount of money equal to employer contributions accrued to the date of the wind up but not yet due under the plan or regulations.

(5) The administrator has a lien and charge on the assets of the employer in an amount equal to the amounts required to be held in trust pursuant to subsections (1), (3) and (4).

(5A) The lien referred to in subsection (5) is not a charge against a parcel registered pursuant to the Land Registration Act until a certificate evidencing the lien has been recorded in the judgment roll.

(5B) The Administrator may record a notice of the lien referred to in subsection (5) in the parcel register of any property owned by a person for whom or on account of whom the amounts are required to be held in trust pursuant to subsections (1), (3) and (4) to which the lien applies and shall thereupon serve that person with a copy of the lien and recording particulars.

(5C) Upon satisfaction of the lien including payment of the fees for recording the lien and the release, the Administrator shall record a release of the lien in the parcel registers in which notice of the lien was recorded.

(6) Money required by subsection (1), (3) or (4) to be held in trust shall be kept separate and apart from other money or property of the employer.

(7) Subsections (1) to (6) apply mutatis mutandis in respect of money to be paid to an insurance company that guarantees pension benefits under a pension plan. R.S., c. 340, s. 46; 1992, c. 27, s. 2; 2001, c. 6, s. 120; 2002, c. 21, s. 21.

BENEFITS

Minimum commuted value

47 (1) Where the commuted value of a former member's deferred pension accrued prior to the first day of January, 1988, is less than the value of the contributions the former member was required to make under the pension plan prior to the date plus interest credited to the contributions, the former member is entitled to have the commuted value of the deferred pension increased so that the commuted value is equal to the value of the contributions and the interest.

(2) An increase in the value of the pension or deferred pension in respect of employment before the first day of January, 1988, resulting from an amendment to the pension plan made on or after the first day of January, 1988, may be included in calculating the commuted value of the deferred pension for the purposes of subsection (1).

(3) A former member's contributions made on or after the first day of January, 1988, under a pension plan and the interest on the contributions shall not be used to provide more than fifty per cent of the commuted value of the pension or deferred pension in respect of the contributory benefit accrued after that date to which the former member is entitled under the pension plan on termination of membership or employment.

(4) A former member referred to in subsection (3) is entitled upon termination of employment or membership to payment from the pension fund of the amount by which the former member's contributions under the pension plan made on or after the first day of January, 1988, plus the interest on the contributions, exceed one half of the commuted value of the former member's pension or deferred pension in respect of the contributory benefit accrued on or after the first day of January, 1988.

(5) The following may be excluded when determining that part of the commuted value of a pension or deferred pension to which subsections (3) and (4) apply:

(a) defined contribution benefits;

(b) benefits that result from additional voluntary contributions;

(c) in the case of a multi-employer pension plan that permits a member who has not accrued maximum pension benefits permitted under the plan in a fiscal year of the plan to make contributions to increase the member's pension benefit to the maximum permitted for the fiscal year, benefits resulting from such contributions;

(d) benefits that result from voluntary contributions for past service as defined in the regulations;

(e) optional ancillary benefits; and

(f) any other benefits prescribed for the purpose of this subsection.

(6) The following may be included by the administrator in calculating a member's contributory benefit for the purposes of subsection (3):

(a) ancillary benefits related to employment on or after the first day of January, 1988;

(b) increases to pension benefits and ancillary benefits related to employment before the date of the amendment resulting from an amendment to the pension plan made on or after the first day of January, 1988, but that are not included in calculating commuted value under subsection (2);

(c) pension benefits and ancillary benefits related to employment before the date of the establishment of the pension plan, in the case of a pension plan established on or after the first day of January, 1988.

(7) The conversion of optional ancillary contributions to optional ancillary benefits shall be done pursuant to actuarial assumptions and methods that are appropriate and in accordance with accepted actuarial practice.

(8) Where a member's accumulated optional ancillary contributions exceed the amount that can be converted to optional ancillary benefits upon retirement, termination, death or plan wind-up, the pension plan may provide for forfeiture of the unused portion. R.S., c. 340, s. 47; 2002, c. 21, s. 22.

Ancillary benefits

48 (1) A pension plan may provide the following ancillary benefits:

(a) disability benefits;

(b) death benefits in excess of those provided in Section 56 (pre-retirement death benefit);

(c) bridging benefits;

(d) supplemental benefits, other than bridging benefits, payable for a temporary period of time;

(e) early retirement options and benefits in excess of those provided by Section 49 (early retirement option);

(f) postponed retirement options and benefits in excess of those referred to in subsection (4) of Section 41;

(g) any prescribed ancillary benefit.

(2) An ancillary benefit for which a member has met all eligibility requirements under the pension plan necessary to exercise the right to receive payment of the benefit shall be included in calculating the member's pension benefit or the commuted value of the pension benefit.

(3) For the purpose of subsection (2) and clause (c) of subsection (1) of Section 20, where the consent of an employer is an eligibility requirement for entitlement to receive an ancillary benefit and a member or former member has met all other eligibility requirements, the employer is deemed to have given the consent to the member or former member. R.S., c. 340, s. 48; 2002, c. 21, s. 23.

Early retirement option for former member

49 (1) A former member of a pension plan is entitled to elect to receive an early retirement pension under the pension plan if the former member

(a) terminated employment with the employer after the thirty-first day of December, 1987;

(b) is entitled to a deferred pension pursuant to this Act; and

(c) is within ten years of attaining the normal retirement date.

(2) A member who is within ten years of attaining the normal retirement date and who would be entitled to a deferred pension on termination of employment is entitled upon termination of the employment or on the wind up of the pension plan in whole or in part to receive an early retirement pension under the pension plan.

(3) The commuted value of a member's early retirement pension shall not be less than the commuted value of the member's pension benefit under the pension plan.

(4) The commuted value of a former member's early retirement pension shall not be less than the commuted value of the former member's deferred pension benefit under the pension plan.

(5) The member or former member is entitled to require the commencement of payment of the early retirement pension at any time within the ten-year period mentioned in subsection (1) or (2).

(6) An election pursuant to subsection (1) or (2) shall be made in writing, signed by the member or former member, and delivered to the administrator of the pension plan. R.S., c. 340, s. 49.

Transfer

50 (1) A former member of a pension plan who, on or after the first day of January, 1988, terminates employment or ceases to be a member of the pension plan and who is entitled to a deferred pension is entitled to require the administrator to pay the commuted value of the deferred pension

(a) to the pension fund related to another pension plan, if the administrator of the other pension plan agrees to accept the payment;

(b) into a prescribed retirement savings arrangement; or

(c) for the purchase for the former member of a life annuity under which payments will not commence before the earliest date on which the former member would have been entitled to receive payment of pension benefits under the pension plan.

(1A) Where the amount of the commuted value of the deferred pension of the former member to be paid into a prescribed retirement savings arrangement pursuant to clause (b) of subsection (1) is greater than the amount prescribed for such a transfer under the Income Tax Act (Canada), the administrator shall pay the portion that exceeds the prescribed amount as a lump sum to the former member.

(2) The entitlement pursuant to subsection (1) is subject to the prescribed limitations in respect of the transfer of funds from pension funds.

(3) Subsection (1) does not apply to a member whose employment is terminated and who

(a) is entitled to immediate payment of a pension benefit under the pension plan or pursuant to Section 49, unless the pension plan provides such an entitlement;

(b) repealed 2002, c. 21, s. 24.

(4) A former member may exercise an entitlement pursuant to subsection (1) by delivering to the administrator within the prescribed period of time a direction in a form supplied by the Superintendent.

(5) Subject to compliance with the requirements of this Section and the regulations, the administrator shall comply with the direction within the prescribed period of time after delivery of the direction.

(6) The administrator shall not make payment

(a) pursuant to clause (b) of subsection (1) unless the retirement savings arrangement meets the requirements prescribed by the regulations; or

(b) pursuant to clause (c) of subsection (1) unless the contract to purchase the deferred life annuity meets the prescribed requirements.

(7) Where a payment pursuant to subsection (1) does not meet the limitations prescribed in relation to transfers of funds from pension funds, the administrator shall not make the payment without the approval of the Superintendent.

(8) The Superintendent may approve the payment subject to such terms and conditions as the Superintendent considers appropriate in the circumstances.

(9) Where a payment that does not meet the limitations prescribed in relation to transfers of funds from pension funds is made without the approval of the Superintendent or there is failure to comply with a term or condition attached to the approval, the Superintendent, subject to Section 89 (reconsideration), may by order require any person to whom payment under subsection (1) has been made to repay an amount not greater than the amount of the payment together with interest thereon.

(10) Subject to Section 89 (reconsideration), an order for payment pursuant to subsection (9), exclusive of the reasons therefor, may be filed in the Supreme Court and is thereupon enforceable as an order of that Court.

(11) The administrator is discharged on making the payment or transfer in accordance with the direction of the former member if the payment or transfer complies with this Act and the regulations. R.S., c. 340, s. 50; 2002, c. 21, s. 24.

Purchase of pension from insurance company

51 (1) The administrator of a pension plan who is required by the pension plan to provide a pension, a deferred pension or an ancillary benefit may purchase the pension, deferred pension or ancillary benefit from an insurance company.

(1A) and (1B) repealed 2002, c. 21, s. 25.

(2) The authority of the administrator pursuant to subsection (1) is subject to the entitlement of a member pursuant to Section 50 and to the limitations prescribed in relation to transfers of funds from pension funds.

(3) Where a purchase pursuant to subsection (1) does not meet the limitations prescribed in relation to transfers of funds from pension funds, the administrator shall not make the purchase without the prior approval of the Superintendent.

(4) The Superintendent may approve a purchase mentioned in subsection (3) subject to such terms and conditions as the Superintendent considers appropriate in the circumstances.

(5) Where a purchase that does not meet the limitations prescribed in relation to transfers of funds from pension funds is made without the approval of the Superintendent or there is a failure to comply with a term or condition attached to the approval, the Superintendent, subject to Section 89 (reconsideration), may by order require any person to whom payment under subsection (1) has been made to repay an amount not greater than the amount of the payment together with interest thereon.

(6) Subject to Section 89 (reconsideration), an order for payment pursuant to subsection (5), exclusive of the reasons therefor, may be filed in the Supreme Court and is thereupon enforceable as an order of that Court. R.S., c. 340, s. 51; 1992, c. 27, s. 3; 2002, c. 21, s. 25.

Joint and survivor pension

52 (1) Every pension paid under a pension plan to a former member who has a spouse or common-law partner on the date that the payment of the first instalment of the pension is due shall be a joint and survivor pension.

(2) The commuted value of a joint and survivor pension pursuant to subsection (1) shall not be less than the commuted value of the pension that would be payable under the pension plan to the former member.

(3) The amount of the pension payable to the survivor of the former member and the spouse or common-law partner of the former member shall not be less than sixty per cent of the pension paid to the former member during the joint lives of the former member and the former member's spouse or common-law partner.

(4) Subsections (1) to (3) do not apply in respect of

(a) a pension benefit if payment of the pension has commenced before the first day of January, 1988; or

(b) a former member who is living separate and apart from the spouse or common-law partner on the date that payment of the first instalment of the pension is due.

(5) Where

(a) before the first day of January, 1988, a deferred life annuity has been purchased from an insurance company for a person entitled to a deferred pension under Chapter 14 of the Acts of 1975;

(b) payments have not commenced under the annuity on the first day of January, 1988; and

(c) the recipient of the payments has a spouse on the date payments commence,

the annuity shall be paid as a joint and survivor pension in accordance with the requirements of this Section and the insurance company shall make payments accordingly.

(6) For the purpose of subsection (5), the insurance company is deemed to be the administrator under Sections 53 and 54. R.S., c. 340, s. 52; 2000, c. 29, s. 30; 2002, c. 21, s. 26.

Information for administrator

53 (1) Before commencing payment of a pension or pension benefit, the administrator of a pension plan shall require the person entitled to the payment to provide to the administrator the information needed to calculate and pay the pension or pension benefit.

(2) The person entitled to the payment shall provide the information to the administrator.

(3) In the absence of actual notice to the contrary, the administrator is discharged on paying the pension or pension benefit in accordance with the information provided by the person in accordance with subsection (2) or, if the person does not provide the information, in accordance with the latest information in the records of the administrator. R.S., c. 340, s. 53.

Waiver of entitlement

54 (1) The persons entitled to a joint and survivor pension benefit may waive the entitlement to receive payment of pension benefits in the form of a joint and survivor pension by delivering to the administrator of the pension plan or, in the case of a deferred life annuity, to the insurance company, a written waiver in the prescribed form that shall be supplied by the Superintendent.

(2) The waiver is not effective unless the form or a certified copy is delivered to the administrator or the insurance company, as the case may be, within the period of twelve months immediately preceding the commencement of payment of the pension benefit.

(3) Persons who have delivered a waiver pursuant to subsection (1) may jointly cancel the waiver by delivering a written and signed notice of cancellation to the administrator or the insurance company, as the case may be, before commencement of payment of the pension benefit. R.S., c. 340, s. 54; 2002, c. 21, s. 27.

Remarriage

55 (1) The spouse or common-law partner of a deceased former member of a pension plan who is receiving a pension under the pension plan is not disentitled to payment of the pension by reason only of remarriage after the death of the former member.

(2) Subsection (1) applies in respect of pensions that are being paid on the first day of January, 1988, or that commence to be paid on or after the first day of January, 1988. R.S., c. 340, s. 55; 2000, c. 29, s. 30.

Pre-retirement death benefit for spouse or partner

56 (1) Where a person entitled under a pension plan to a deferred pension benefit described in Section 43 dies before commencement of payment of the deferred pension, the person's spouse or common-law partner at the date of death is entitled to receive payment of not less than sixty per cent of the commuted value of the deferred pension.

(2) Where the person dies while employed by the employer, entitlement to a deferred pension and the payment of not less than sixty per cent of the commuted value of the deferred pension shall be calculated as if the person's employment were terminated immediately before the person's death.

(3) Subsections (1) and (2) do not apply where the terms of employment of the deceased person provide for payment of a group life insurance benefit of not less than sixty per cent of the commuted value of the deferred pension.

(4) Where the person does not have a spouse or common-law partner or where subsection (3) applies or where the person is living separate and apart from the person's spouse or common-law partner and a division of the deferred pension has been made pursuant to Section 61, the person's beneficiary or estate is entitled to receive a refund of that person's contributions with interest as prescribed.

(5) Subsections (1) to (4) apply only in respect of contributions made and pension benefits accrued on or after the first day of January, 1988. R.S., c. 340, s. 56; 2000, c. 29, s. 30; 2002, c. 21, s. 28.

Variation of payment to disabled person

57 A pension plan may permit variation in the terms of payment of a pension or deferred pension by reason of the mental or physical disability of a member or former member that is likely to shorten considerably the life expectancy of the member or former member. R.S., c. 340, s. 57.

Payment of commuted value if benefit small

58 (1) A pension plan may provide for payment to a former member of the commuted value of a benefit if the annual benefit payable at the normal retirement date is not more than four per cent of the year's maximum pensionable earnings in the year that the former member terminated employment or if the commuted value of a benefit is less than ten per cent of the year's maximum pensionable earnings in the year that the former member terminated employment.

(2) A pension plan registered before the first day of January, 1988, may provide that upon termination of employment a person entitled to a deferred pension pursuant to Section 42 (deferred pension) is entitled to payment of an amount not greater than twenty-five per cent of the commuted value of the deferred pension in respect of employment before the first day of January, 1988. R.S., c. 340, s. 58; 2002, c. 21, s. 29.

Sex neutrality

59 (1) The sex of a member, former member or other beneficiary under a pension plan shall not be taken into account in

(a) determining the amount of contributions required to be made by a member of the plan;

(b) determining the pension benefits or the commuted value of pension benefits that a member, former member or other beneficiary is or may become entitled to;

(c) the provision of eligibility conditions for membership;

(d) the provision of ancillary benefits.

(2) In order to comply with subsection (1), the administrator may

(a) use annuity factors that do not differentiate as to sex;

(b) provide for employer contributions that vary according to the sex of the employee;

(c) use any prescribed method of calculation or valuation.

(3) This Section applies in respect of contributions, benefits and conditions in relation to

(a) employment on or after the first day of January, 1988;

(b) employment before the first day of January, 1988, in so far as it is dealt with in an amendment made to the pension plan on or after that day; and

(c) employment before the first day of January, 1988, in so far as it is dealt with in a pension plan established on or after that day. R.S., c. 340, s. 59.

Maximum reduction for Canadian Pension Plan

60 (1) The reduction of a pension benefit that may be required by a pension plan in relation to payment under the Canada Pension Plan, the Quebec Pension Plan or the Old Age Security Act (Canada) shall not exceed the reduction calculated in accordance with the prescribed formula.

(2) repealed 2002, c. 21, s. 30.

(3) The amount of a reduction in a pension benefit required under a pension plan in relation to the payments mentioned in subsection (1) shall not be increased by reason of an increase in the amount of any of the other payments after the date of the member's termination of employment.

(4) A pension plan for registration of which application is made on or after the first day of January, 1988, shall not permit the reduction of a pension or a deferred pension based on a person's entitlement under the Old Age Security Act (Canada).

(5) Subsection (4) does not apply to a pension plan that is a successor of a pension plan registered pursuant to Chapter 14 of the Acts of 1975 that permitted such a reduction.

(6) A pension plan shall not permit the reduction of a pension or deferred pension based on a person's entitlement under the Old Age Security Act (Canada) in respect of a benefit accrued on or after the first day of January, 1988.

(7) The value of a bridging benefit, for receipt of which a member or former member has satisfied all eligibility requirements of the pension plan before the first day of January, 1988, shall not be reduced by reason only of the eligibility of the member or former member to receive a payment before reaching sixty-five years of age under the Canada Pension Plan, the Quebec Pension Plan or the Old Age Security Act (Canada).

(8) Where a pension plan provides a bridging benefit without reference to a specific age at which payment of the bridging benefit is to be reduced or to cease, the pension plan is deemed to provide that the bridging benefit shall be reduced or cease to be paid when the recipient of the bridging benefit reaches sixty-five years of age.

(9) Subsection (8) ceases to apply to a pension plan that is amended on or after the first day of January, 1988, to establish a specific age for the purpose of determining when a bridging benefit shall be reduced or cease to be paid.

(10) Where a pension plan provides for variation of a pension benefit by reason of a benefit payable under the Canada Pension Plan, the Quebec Pension Plan or the Old Age Security Act (Canada) without specifically stating the age at which the variation is to occur, the pension plan is deemed to provide that the variation is to occur when the recipient of the pension benefit reaches sixty-five years of age.

(11) Subsection (10) ceases to apply to a pension plan that is amended on or after the first day of January, 1988, to specifically state the age at which variation of a pension benefit is to occur. R.S., c. 340, s. 60; 2002, c. 21, s. 30.

PENSION ENTITLEMENT ON
MARRIAGE BREAKDOWN

Division of pension or pension benefit

61 (1) Where a member or former member is entitled to a pension or a pension benefit and

(a) a petition for divorce is filed;

(b) an application is filed for a declaration of nullity; or

(c) the member or former member and that person's spouse or common-law partner have been living separate and apart and there is no reasonable prospect of the resumption of cohabitation,

the pension or pension benefit earned during the marriage or the cohabitation of common-law partners may be divided in accordance with the regulations between the member or former member and that person's spouse or common-law partner by an order of the Supreme Court of Nova Scotia, or in such other manner as is prescribed in the regulations.

(2) Notwithstanding subsection (1), the spouse or common-law partner of the member or former member shall not receive more than one half of the pension or pension benefit earned during the marriage or cohabitation of common-law partners. 2000, c. 29, s. 27.

CONTRIBUTIONS

Funding requirements

62 (1) A pension plan is not eligible for registration unless it provides for funding sufficient to provide the pension benefits, ancillary benefits and other benefits under the pension plan in accordance with this Act and the regulations.

(2) An employer required to make contributions under a pension plan, or a person required to make contributions under a pension plan on behalf of an employer, shall make the contributions to

(a) the pension fund; or

(b) where pension benefits under the pension plan are paid by an insurance company, the insurance company that is the administrator,

in the prescribed manner and in accordance with the prescribed requirements for funding. R.S., c. 340, s. 62.

Daily accrual

63 (1) Money that an employer is required to pay into a pension fund accrues on a daily basis.

(2) Interest on contributions shall be calculated and credited at a rate not less than the prescribed rates and in accordance with prescribed requirements. R.S., c. 340, s. 63.

Proceedings for payment

64 The administrator of a pension plan may commence proceedings in a court of competent jurisdiction to obtain payment of contributions due under the pension plan, this Act and the regulations. R.S., c. 340, s. 64.

Bonding

65 The administrator of a multi-employer pension plan may require a person, who received contributions to the pension fund, or who administers or invests the pension fund, to be bonded in an amount required by the administrator or in the prescribed amount. R.S., c. 340, s. 65.

Transmission of agreement

66 An employer who is required to make contributions to a multi-employer pension plan shall transmit to the administrator a copy of the agreement that requires the employer to make the contributions or a written statement that sets out the contributions the employer is required to make and any other obligations of the employer under the pension plan. R.S., c. 340, s. 66.

Duty respecting investment

67 Every person engaged in the investment of money of a pension fund shall ensure that the money is invested in accordance with this Act and the regulations. R.S., c. 340, s. 67.

LOCKING IN

Restriction on refunds

68 (1) Subject to this Section, no member or former member is entitled to a refund from a pension fund of contributions made in respect of employment in the Province or a designated province on or after the qualification date.

(2) Subsection (1) does not prevent the refund of an additional voluntary contribution or optional ancillary contribution and interest thereon to a member or former member or a payment pursuant to subsection (4) of Section 47 (entitlement to excess amount).

(2A) repealed 2002, c. 21, s. 31.

(3) Notwithstanding subsection (1), a member whose employment is terminated and who is not entitled to a pension or to a deferred pension pursuant to Section 42 (deferred pension for past service) is entitled to payment within the prescribed period of time of an amount equal to not less than the amount of the member's contributions, and the interest on the contributions, made under the pension plan in respect of the member's employment before the first day of January, 1988.

(4) Notwithstanding subsection (1), a member whose employment is terminated and who is not entitled to a pension or to a deferred pension pursuant to Section 43 (deferred pension) is entitled to payment within the prescribed period of time of an amount equal to not less than the amount of the member's contributions, and the interest on the contributions, made under the pension plan in respect of the member's employment on or after the first day of January, 1988.

(5) Subsection (1) does not apply to

(a) prevent the commutation of a pension benefit pursuant to subsection (1) of Section 58 (commuted value);

(b) prevent a payment pursuant to subsection (2) of Section 58;

(c) such other circumstances as are prescribed.

(6) Subsections (3) and (4) do not apply in respect of a member of a multi-employer pension plan unless the member terminates membership in the multi-employer pension plan.

(7) Subject to subsection (8), on application by the administrator, contributions may be refunded to a member or a former member with the consent of the Superintendent.

(8) On application by the administrator, the Superintendent may consent to a refund pursuant to subsection (7) if the pension plan provides or has been amended to provide for the refund and the employer has assumed responsibility for funding all pension benefits associated with the contributions. R.S., c. 340, s. 68; 1993, c. 35, s. 1; 2002, c. 21, s. 31.

Shorter qualification periods

69 (1) A pension plan may provide for shorter qualification periods than those set out in subsection (1) of Section 42 (deferred pension for past service) and subsection (1) of Section 43 (deferred pension).

(2) A pension plan that provides for qualification periods for a deferred pension that are shorter than the periods set out in subsection (1) of Section 42 or subsection (1) of Section 43 may permit a refund of contributions to a person who terminates employment after becoming entitled to a deferred pension under the pension plan before the completion of the qualification period referred to in subsection (1) of Section 42 or subsection (1) of Section 43. R.S., c. 340, s. 69; 2002, c. 21, s. 32.

Void transaction respecting money payable

70 (1) Every transaction that purports to assign, charge, anticipate or give as security money payable under a pension plan is void.

(2) Every transaction that purports to assign, charge, anticipate or give as security money transferred from a pension fund in accordance with Section 50 (transfer), Section 51 (purchase of pension), subsection (1) of Section 56 (pre-retirement death benefit) or subsection (2) of Section 78 (transfer rights on wind up) is void.

(3) Subsections (1) and (2) do not apply to prevent the assignment of an interest in money payable under a pension plan or money payable as a result of a purchase or transfer pursuant to Section 50 or 51, subsection (1) of Section 56 or subsection (2) of Section 78 (transfer rights on wind up) in accordance with Section 61. R.S., c. 340, s. 70; 2002, c. 21, s. 33.

Exemption of money payable under plan from seizure

71 (1) Money payable under a pension plan is exempt from execution, seizure or attachment.

(2) Money transferred from a pension fund to a prescribed retirement savings arrangement or for the purchase of a life annuity pursuant to Section 50, 51 or 56 or subsection (2) of Section 78 is exempt from execution, seizure or attachment.

(3) Money payable from a prescribed retirement savings arrangement or from a life annuity purchased in accordance with Section 50, 51 or 56 or subsection (2) of Section 78 is exempt from execution, seizure or attachment.

(4) The entitlement of a person, in his or her discretion, to withdraw money from a locked-in retirement account as defined in the regulations shall not be considered when determining, for the purpose of any other Act, the income or assets available to the person. R.S., c. 340, s. 71; 2006, c. 42, s. 1.

Enforcement of maintenance order

71A (1) Notwithstanding any enactment, for the purpose of enforcement of a maintenance order as defined in the Maintenance Enforcement Act,

(a) money payable under a pension plan to a former member or a person as a result of a division under Section 61 or payable from a prescribed retirement savings arrangement or life annuity that results from a purchase or transfer under Section 50, 51 or 56 or subsection (2) of Section 78 is subject to a garnishment pursuant to the Maintenance Enforcement Act and the prescribed requirements under that Act respecting garnishment;

(b) a deferred pension or pension benefit of a former member or of a person that results from a division under Section 61 or a deferred life annuity or prescribed retirement savings arrangement of a person that results from a purchase or transfer pursuant to Section 50, 51 or 56 or subsection (2) of Section 78 is subject to attachment by the Director of Maintenance Enforcement in accordance with the Maintenance Enforcement Act and the prescribed requirements under that Act respecting attachment of a pension entitlement.

(2) Where an amount has been attached by the Director of Maintenance Enforcement as described in clause (b) of subsection (1), the administrator shall deduct from the commuted value of the deferred pension, pension benefit or the deferred life annuity or from the money transferred to a prescribed retirement savings arrangement,

(a) the cost of complying with the attachment calculated in the prescribed manner;

(b) the total amount of taxes, if any, that are required to be deducted or withheld as a result of the attachment; and

(c) the lesser of

(3) Where an amount has been attached as described in clause (b) of subsection (1),

(a) the person whose entitlement has been attached has no further claim or entitlement to any pension or benefit respecting the amount attached;

(b) the entitlement of a person after the person's entitlement has been attached is calculated on the basis of the commuted value of the person's deferred pension, pension benefit or deferred life annuity after the deduction of the amounts referred to in subsection (2) or the entitlement is the remainder of the money in the prescribed retirement savings arrangement after the deduction of the amounts referred to in subsection (2); and

(c) neither the administrator nor the plan is liable to any person by reason of having made payment pursuant to an attachment referred to in clause (b) of subsection (1). 2000, c. 29, s. 28.

Prohibition on commutation and surrender

72 (1) A pension, deferred pension, pension benefit, annuity or prescribed retirement savings arrangement that results from a purchase or transfer pursuant to Section 50, 51 or 56 or subsection (2) of Section 78 to which a person is entitled is not capable of being commuted or surrendered during the person's life.

(2) A transaction that purports to commute or surrender such a pension, deferred pension, pension benefit, annuity or prescribed retirement savings arrangement is void.

(3) Subsections (1) and (2) do not apply to a variation of a pension or deferred pension pursuant to Section 57 (variation of payment to disabled person) or to a commutation of a benefit pursuant to Section 58 (commuted value).

(4) Subsections (1) and (2) do not apply to the commutation or surrender, in whole or in part, of a prescribed retirement savings arrangement in such circumstances or in such amounts as may be prescribed, subject to such restrictions as may be prescribed.

(5) Notwithstanding subsections (1) and (2), upon application, the Superintendent may consent to the commutation or surrender, in whole or in part, of a prescribed retirement savings arrangement of a type that is prescribed for the purpose of this subsection if the Superintendent is satisfied as to the existence of such circumstances of financial hardship as may be prescribed.

(6) The owner of the prescribed retirement savings arrangement may apply in writing to the Superintendent for the consent under subsection (5).

(7) The Superintendent's authority to give consent under subsection (5) is subject to such conditions and restrictions as may be prescribed. R.S., c. 340, s. 72; 2006, c. 42, s. 2.

WINDING UP

Wind up of plan

73 (1) An employer or, in the case of a multi-employer pension plan, the administrator may wind up the pension plan in whole or in part.

(2) The administrator shall give written notice of a wind up of the pension plan to

(a) the Superintendent;

(b) each member who is affected;

(c) each former member who is affected;

(d) each trade union that represents members;

(e) the advisory committee of the pension plan; and

(f) any other person entitled to a payment from the pension fund who is affected.

(2A) In the case of a proposal to wind up only part of a pension plan, the administrator is not required to give written notice of the proposal to members, former members or other persons entitled to payment from the pension fund if those persons will not be affected by the proposed partial windup.

(3) The notice of wind up shall contain the information prescribed.

(4) A multi-employer pension plan shall not be wound up by reason only of the withdrawal of a participating employer from the pension plan but the Superintendent may, by order, require the wind up if the Superintendent is of the opinion that in the circumstances the plan ought to be wound up.

(5) The effective date of the wind up shall not be earlier than the date member contributions, if any, cease to be deducted, in the case of contributory pension benefits or, in any other case, on the date notice is given to members.

(6) The Superintendent may, by order, change the effective date of the wind up if the Superintendent is of the opinion that there are reasonable grounds for the change. R.S., c. 340, s. 73; 2002, c. 21, s. 34.

Order to wind up

74 (1) The Superintendent may, by order, require the wind up of a pension plan in whole or in part if

(a) there is a cessation or suspension of employer contributions to the pension fund except where payments are being made from surplus funds;

(b) the employer fails to make contributions to the pension fund as required by this Act or the regulations;

(c) the employer is bankrupt within the meaning of the Bankruptcy Act (Canada);

(d) a significant number of the members cease to be employed by the employer as a result of the discontinuance of all or part of the business of the employer or as a result of the reorganization of the business of the employer;

(e) all or a significant portion of the business carried on by the employer at a specific location is discontinued;

(f) all or part of the employer's business or all or part of the assets of the employer's business are sold, assigned or otherwise disposed of and the person who acquired the business or assets does not provide a pension plan for the members of the employer's pension plan who become employees of the person;

(g) in the case of a multi-employer pension plan,

(h) any prescribed event or prescribed circumstance occurs.

(2) In an order pursuant to subsection (1), the Superintendent shall specify the effective date of the wind up, the persons or classes of persons to whom the administrator shall give notice of the order and the information that shall be given in the notice. R.S., c. 340, s. 74.

Wind-up report

75 (1) The administrator of a pension plan that is to be wound up in whole or in part shall file a wind-up report that sets out

(a) the assets and liabilities of the pension plan;

(b) the benefits to be provided under the pension plan to members, former members and other persons;

(c) the methods of allocating and distributing the assets of the pension plan and determining the priorities for payment of benefits; and

(d) such information as is prescribed.

(2) No payment shall be made out of the pension fund in respect of which notice of proposal to wind up has been given until the Superintendent has approved the wind-up report.

(3) Subsection (2) does not apply to prevent continuation of payment of a pension or a benefit that commenced before the giving of the notice of proposal to wind up the pension plan or to prevent any payment that is prescribed or that is approved by the Superintendent.

(4) An administrator shall not make payment out of the pension fund except in accordance with the wind-up report approved by the Superintendent.

(5) The Superintendent may refuse to approve a wind-up report that does not meet the requirements of this Act and the regulations or that does not protect the interests of the members and former members.

(6) On the partial wind up of a pension plan, members, former members and other persons entitled to benefits under the pension plan shall have rights and benefits that are not less than the rights and benefits they would have on a full wind up of the pension plan on the effective date of the partial wind up. R.S., c. 340, s. 75.

Replacement of administrator on wind up

76 (1) Where a pension plan that is to be wound up in whole or in part does not have an administrator or the administrator fails to act, the Superintendent may act as or may appoint an administrator.

(1A) The Superintendent may terminate the appointment of an administrator appointed pursuant to subsection (1) if the Superintendent considers it reasonable to do so.

(2) The reasonable administration costs of the Superintendent or of the administrator appointed by the Superintendent shall be paid out of the pension fund. R.S., c. 340, s. 76; 2002, c. 21, s. 35.

Statement of entitlement on wind up

77 (1) Within the prescribed period of time, the administrator of a pension plan that is to be wound up, in whole or in part, shall give to each person entitled to a pension, deferred pension or other benefit or to a refund in respect of the pension plan a statement setting out the person's entitlement under the pension plan, the options available to the person and such other information as may be prescribed.

(2) Where a person to whom notice is given pursuant to subsection (1) is required to make an election, the person shall make the election within the prescribed period of time or shall be deemed to have elected to receive immediate payment of a pension benefit, if eligible therefor, or, if not eligible to receive immediate payment of a pension benefit, to receive a pension commencing at the earliest date mentioned in clause (b) of subsection (1) of Section 79.

(3) Within the prescribed period of time, the administrator shall make payment in accordance with the election or deemed election. R.S., c. 340, s. 77; 2002, c. 21, s. 36.

Determination of amount of benefits on wind up

78 (1) For the purpose of determining the amounts of pension benefits on the winding up of a pension plan, in whole or in part,

(a) the employment of each member of the pension plan affected by the winding up shall be deemed to have been terminated on the effective date of the winding up;

(b) each member's pension benefits as of the effective date of the wind up shall be determined as if the member had satisfied all eligibility conditions for a deferred pension; and

(c) provision shall be made for the rights pursuant to Section 79.

(2) A person entitled to a pension benefit on the wind up of a pension plan, other than a person who is receiving a pension, is entitled to the rights pursuant to subsection (1) of Section 50 (transfer) of a member who terminates employment and for that purpose subsection (3) of Section 50 does not apply. R.S., c. 340, s. 78.

Pension rights of member on wind up

79 (1) A member of a pension plan whose combination of age plus years of employment or membership in the pension plan equals at least fifty-five, at the effective date of the wind up of the pension plan, in whole or in part, has the right to receive

(a) a pension in accordance with the terms of the pension plan if, under the pension plan, the member is eligible for immediate payment of the pension benefit;

(b) a pension in accordance with the terms of the pension plan, beginning at the earlier of

(c) a reduced pension beginning on the date on which the member would be entitled to the reduced pension under the pension plan if the pension plan were not wound up and if the member's membership continued to that date.

(2) In determining the combination of age plus employment or membership, one-twelfth credit shall be given for each month of age and for each month of employment or membership.

(3) Bridging benefits offered under the pension plan to which a member would be entitled if the pension plan were not wound up and if the membership of the member were continued shall be included in calculating the pension benefit pursuant to subsection (1) of a person who has at least ten years of continuous employment with the employer or has been a member of the pension plan for at least ten years.

(4) For the purposes of subsection (3), where the bridging benefit offered under the pension plan is not related to period of employment or membership in the pension plan, the bridging benefit shall be prorated by the ratio that the member's actual period of employment bears to the period of employment that the member would have to the earliest date on which the member would be entitled to an unreduced pension under the pension plan if the pension plan were not wound up.

(5) Membership in a pension plan that is wound up, in whole or in part, includes the period of notice of termination of employment required pursuant to the Labour Standards Code.

(6) Subsection (5) does not apply for the purpose of calculating the amount of a pension benefit of a member who is required to make contributions to the pension fund unless the member makes the contributions in respect of the period of notice of termination of employment.

(7) For the purpose of this Section, where the consent of an employer is an eligibility requirement for entitlement to receive an ancillary benefit, the employer is deemed to have given the consent.

(8) This Section and Section 78 apply in respect of the windup, in whole or in part, of a pension plan where the effective date of the windup is on or after the coming into force of this subsection.

(9) A person affected by a windup who elects to receive a benefit under subsection (1) is not entitled to payment of any refund of contributions under subsection (3) or (4) of Section 68.

(10) This Section does not apply in respect of a multi-employer pension plan. R.S., c. 340, s. 79; 2002, c. 21, s. 37.

Employer's payments on wind up

80 (1) Where a pension plan is wound up in whole or in part, the employer shall pay into the pension fund an amount equal to the total of all payments that, pursuant to this Act, the regulations and the pension plan, are due or have accrued and that have not been paid into the pension fund.

(1A) Where, at the wind up on or after May 1, 2007, of a pension plan in whole or in part, other than a multi-employer pension plan, the assets in the pension fund are less than the value of the benefits provided under the plan and under Section 79, the employer shall make such payments into the pension fund of the amount necessary to fund the benefits provided under the plan and under Section 79.

(2) The employer shall pay the monies due pursuant to subsections (1) and (1A) in the prescribed manner and at the prescribed time. R.S., c. 340, s. 80; 2007, c. 49, s. 1.

Application of Act after wind up

81 The pension fund of a pension plan that is wound up continues to be subject to this Act and the regulations until the employer satisfies its obligations under Section 80 and all the assets of the pension fund have been disbursed. R.S., c. 340, s. 81; 2007, c. 49, s. 2.

Reduction of benefits

82 Where the money in a pension fund is not sufficient to pay all the pension benefits and other benefits on the wind up of the pension plan, in whole or in part, the pension benefits and other benefits shall be distributed and, if appropriate, reduced in the prescribed manner. R.S., c. 340, s. 82; 2007, c. 49, s. 3.

SURPLUS

Consent of Superintendent to pay surplus

83 (1) No money that is surplus shall be paid out of a pension fund to the employer without the prior consent of the Superintendent.

(2) An employer who applies to the Superintendent for consent to payment of money to the employer out of a pension fund shall transmit notice of the application, containing the prescribed information, to

(a) each member and each former member;

(b) each trade union that represents members; and

(c) any individual who is receiving payments out of the pension fund.

(3) A person to whom notice has been transmitted pursuant to subsection (2) may make written representation to the Superintendent with respect to the application within thirty days after receiving the notice. R.S., c. 340, s. 83.

Conditions for consent

84 (1) The Superintendent shall not consent to payment of money to the employer out of a continuing pension plan unless

(a) the Superintendent is satisfied, based on reports provided with the application, that the pension plan has a surplus;

(b) the pension plan provides for the withdrawal of surplus by the employer while the pension plan continues in existence, or the applicant satisfies the Superintendent that the applicant is otherwise entitled to withdraw the surplus;

(c) where all pension benefits under the pension plan are guaranteed by an insurance company, an amount equal to at least two years of the employer's current service costs is retained in the pension fund as surplus;

(d) where the members are not required to make contributions under the pension plan, the greater of

is retained in the pension fund as surplus;

(e) where members are required to make contributions under the pension plan, all surpluses attributable to contributions paid by members and the greater of

are retained in the pension fund as surplus; and

(f) the applicant and the pension plan comply with all other requirements prescribed pursuant to other Sections of this Act in respect of the payment of surplus money out of a pension fund.

(2) Effective the first day of January, 1990, a pension plan that does not provide for the withdrawal of surplus money while the pension plan continues in existence shall be construed to prohibit the withdrawal of surplus money accrued on or after the first day of January, 1988.

(3) The Superintendent shall not consent to an application in respect of a pension plan that is being wound up, in whole or in part, unless

(a) the Superintendent is satisfied, based on reports provided with the application, that the pension plan has a surplus;

(b) the pension plan provides for payment of surplus to the employer on the wind up or the employer has a claim to the surplus or part of the surplus;

(c) all liabilities of the pension plan, calculated for the purpose of the termination of the pension plan, have been paid; and

(d) the applicant and the pension plan comply with all other requirements prescribed pursuant to other Sections of this Act in respect of the payment of surplus money out of a pension fund.

(3A) An employer has a claim to the surplus or a part of the surplus if, after being notified of the employer's proposal, containing the prescribed information, for a refund of that surplus or part of it, at least two thirds of the persons in each of the following categories notify the employer that they consent to the proposal:

(a) members of the pension plan;

(b) former members of the plan; and

(c) other persons within a prescribed class.

(4) Effective the first day of January, 1990, a pension plan that does not provide for payment of surplus money on the wind up shall be construed to require that surplus money accrued on or after the first day of January, 1988, be distributed proportionately on the wind up among members, former members and any other persons entitled to payments under the pension plan on the date of the wind up.

(5) The Superintendent shall in accordance with subsection (3) of Section 83 transmit the decision, together with written reasons therefor, to the applicant and to each person who made written representation to the Superintendent.

(6) The Superintendent may attach such conditions and limitations to the consent pursuant to this Section as the Superintendent considers necessary in the circumstances. R.S., c. 340, s. 84; 2002, c. 21, s. 38.

"successor employer" defined

85 (1) In this Section, "successor employer" means the person who acquires the business or the assets of an employer.

(2) Where an employer who contributes to a pension plan sells, assigns or otherwise disposes of all or part of the employer's business or all or part of the assets of the employer's business, a member of the pension plan, who in conjunction with the sale, assignment or disposition becomes an employee of the successor employer and becomes a member of a pension plan provided by the successor employer,

(a) continues to be entitled to the benefits provided under the employer's pension plan in respect of employment in the Province or a designated province to the effective date of the sale, assignment or disposition without further accrual;

(b) is entitled to credit in the pension plan of the successor employer for the period of membership in the employer's pension plan, for the purpose of determining eligibility for membership in or entitlement to benefits under the pension plan of the successor employer; and

(c) is entitled to credit in the employer's pension plan for the period of employment with the successor employer for the purpose of determining entitlement to benefits under the employer's pension plan.

(3) Clause (a) of subsection (2) does not apply if the successor employer assumes responsibility for the accrued pension benefits of the employer's pension plan and no wind up shall be deemed to have occurred.

(4) Where a transaction described in subsection (2) takes place, the employment of the employee shall be deemed, for the purpose of this Act, not to be terminated by reason of the transaction.

(5) Where a transaction described in subsection (2) occurs and the successor employer assumes responsibility, in whole or in part, for the pension benefits provided under the employer's pension plan, no transfer of assets shall be made from the employer's pension fund to the pension fund of the plan provided by the successor employer without the prior consent of the Superintendent or contrary to the prescribed terms and conditions.

(6) The Superintendent shall refuse to consent to a transfer of assets that does not protect the pension benefits and any other benefits of the members and former members of the employer's pension plan or that does not meet the prescribed requirements and qualifications.

(7) The Superintendent may, by order, require the transferee to return to the pension fund, with interest, assets transferred without the prior consent required by subsection (5).

(8) Where a group of members of a multi-employer pension plan are represented by a trade union and, in accordance with the Trade Union Act, the trade union ceases to represent the members and the members become represented by a different trade union certified as their bargaining agent and become members of a different pension plan, the administrator of the first plan shall transfer to the administrator of the new pension plan all the assets and liabilities respecting those members who have elected pursuant to Section 50 to transfer their entitlement to the new pension plan and the administrator of the new pension plan shall accept the transfer as assets and liabilities of the new plan.

(8A) Where a group of members of a multi-employer pension plan are represented by a trade union and, in accordance with the Trade Union Act, the trade union ceases to represent the members and former members and they become represented by a different trade union certified as their bargaining agent and become members of a different pension plan and the members are not entitled to make an election pursuant to Section 50, the administrator of the old pension plan shall transfer to the administrator of the new pension plan all assets and liabilities of the pension plan attributable to the members determined as prescribed and the administrator of the new pension plan shall accept the assets and liabilities as assets and liabilities, determined as prescribed, of the new plan.

(8B) Subsections (8) and (8A) do not apply where there is a reciprocal agreement respecting the pension plans.

(9) Subject to Section 89 (reconsideration), an order for return of assets pursuant to subsection (7), exclusive of the reasons therefor, may be filed in the Supreme Court and is thereupon enforceable as an order of the Court. R.S., c. 340, s. 85; 2002, c. 21, s. 39.

Establishment of new pension plan

86 (1) Where a pension plan is established by an employer to be a successor to an existing pension plan and the employer ceases to make contributions to the original pension plan the original pension plan is deemed not to be wound up and the new pension plan is deemed to be a continuation of the original pension plan.

(2) The benefits under the original pension plan in respect of employment before the establishment of the new pension plan are deemed to be benefits under the new pension plan.

(3) Subsection (2) applies whether or not the assets and liabilities of the original pension plan are consolidated with those of the new pension plan.

(4) No transfer of assets shall be made from the pension fund of the original pension plan to the pension fund of the new pension plan without the prior consent of the Superintendent or contrary to the prescribed terms and conditions.

(5) The Superintendent shall refuse to consent to a transfer of assets that does not protect the pension benefits and any other benefits of the members and former members of the original pension plan or that does not meet the prescribed requirements and qualifications.

(6) The Superintendent by order may require the transferee to return to the pension fund assets, with interest calculated in the prescribed manner, transferred without the prior consent of the Superintendent or transferred contrary to a prescribed term or condition.

(7) Subject to Section 89 (reconsideration), an order for return of assets pursuant to subsection (6), exclusive of the reasons therefor, may be filed in the Supreme Court and is thereupon enforceable as an order of the Court.

(8) No transfer of assets shall be made from one pension fund to another pension fund in circumstances where subsections (1) to (7) do not apply or where Sections 50 or 85 do not apply, without the prior consent of the Superintendent or contrary to the prescribed terms and conditions and, for that purpose, subsections (5) to (7) apply mutatis mutandis. R.S., c. 340, s. 86; 2002, c. 21, s. 40.

ORDERS

Order of Superintendent

87 (1) The Superintendent, in the circumstances mentioned in subsection (2) and subject to Section 89 (reconsideration), by a written order may require an administrator or any person to take or to refrain from taking any action in respect of a pension plan or a pension fund.

(2) The Superintendent may make an order pursuant to this Section if the Superintendent is of the opinion, upon reasonable and probable grounds, that

(a) the pension plan or pension fund is not being administered in accordance with this Act, the regulations or the pension plan;

(b) the pension plan does not comply with this Act and the regulations; or

(c) the administrator of the pension plan, the employer or the other person is contravening a requirement of this Act or the regulations.

(3) In an order pursuant to this Section, the Superintendent may specify the time when or the period of time within which the person to whom the order is directed shall comply with the order.

(4) An order pursuant to this Section is not effective unless the reasons for the order are set out in the order. R.S., c. 340, s. 87.

Order as result of report

88 (1) Where the Superintendent is of the opinion that

(a) the assumptions or methods used in the preparation of a report required pursuant to this Act or the regulations in respect of a pension plan are inappropriate for a pension plan;

(b) the assumptions or methods used in the preparation of a report required pursuant to this Act or the regulations in respect of a pension plan are not consistent with accepted actuarial practice;

(c) a report submitted in respect of a pension plan does not meet the requirements and qualifications of this Act, the regulations or the pension plan,

subject to Section 90, the Superintendent may make an order requiring the administrator to take the action specified in the order.

(2) An order pursuant to this Section may include, but is not limited to, requiring the preparation of a new report and specifying the assumptions or methods or both that shall be used in the preparation of the new report. R.S., c. 340, s. 88; 2002, c. 21, s. 41.

RECONSIDERATION

Notice of proposed refusal or revocation

89 (1) Where the Superintendent proposes to refuse to register a pension plan or an amendment to a pension plan or to revoke a registration, the Superintendent shall serve notice of the proposal, together with written reasons therefor, on the applicant or administrator.

(2) Where the Superintendent proposes to make an order pursuant to

(a) subsection (9) of Section 50 (repayment of money transferred out of pension fund);

(b) subsection (5) of Section 51 (repayment of money paid to purchase pension, deferred pension or ancillary benefit);

(c) subsection (7) of Section 85 (transfer of assets to pension fund of successor employer);

(d) subsection (6) of Section 86 (transfer of assets to new pension fund); or

(e) Section 87 (administration of pension plan or contravention of Act or regulation),

the Superintendent shall serve notice of the proposal, together with written reasons therefor, on the administrator and on any person to whom the Superintendent proposes to direct the order.

(3) Where the Superintendent proposes to make or to refuse to make an order requiring an administrator to accept an employee as a member of a class of employees for whom a pension plan is established or maintained, the Superintendent shall serve notice of the proposal, together with written reasons therefor, on the administrator, and the Superintendent shall serve or require the administrator to serve a copy of the notice and the written reasons on the employee.

(4) Where the Superintendent proposes to refuse to give an approval or consent or proposes to attach terms and conditions to an approval or consent pursuant to this Act or the regulations, the Superintendent shall serve notice of the proposal, together with written reasons therefor, on the applicant for the approval or consent.

(5) Where the Superintendent proposes to make an order requiring the wind up of a pension plan or declaring a pension plan wound up, the Superintendent shall serve notice of the proposal, together with written reasons therefor, on the administrator and the employer, and the Superintendent may require the administrator to transmit a copy of the notice and the written reasons on such other persons or classes of persons as the Superintendent specifies in the notice to the administrator.

(6) A notice pursuant to subsection (1), (2), (3), (4) or (5) shall state that the person on whom the notice is served is entitled to a hearing by the Superintendent if the person delivers to the Superintendent, within thirty days after service of the notice pursuant to that subsection, notice in writing requiring a reconsideration, and the person may so require such a reconsideration.

(7) Where the person on whom the notice is served does not require a reconsideration in accordance with subsection (6), the Superintendent may carry out the proposal stated in the notice.

(8) Where the person requires a reconsideration by the Superintendent in accordance with subsection (6), the Superintendent shall reconsider the proposed action and notify the person of the decision.

(9) Upon receipt by a person of the decision of the Superintendent pursuant to subsection (8), that person may appeal to the Trial Division of the Supreme Court and the Court may confirm the decision or substitute any decision the Superintendent was authorized to make. R.S., c. 340, s. 89.

GENERAL

Notice of proposed order re report or refusal

90 (1) Where the Superintendent proposes to consider

(a) making an order requiring the administrator of a pension plan to take specific action in relation to a report in respect of the pension plan; or

(b) refusing to consent to a refund of contributions pursuant to Section 68 (refunds),

the Superintendent shall serve notice of the proposal, together with written reasons therefor, on the administrator.

(2) The administrator shall transmit copies of the Superintendent's notice to such persons or classes of persons as the Superintendent specifies in the notice to the administrator.

(3) A notice by the Superintendent pursuant to subsection (1) shall state that the administrator, the persons and the representatives and members of classes of persons specified in the notice are entitled to make written representations to the Superintendent within thirty days after service of the notice pursuant to that subsection.

(4) An individual who is entitled to make representation to the Superintendent pursuant to subsection (3) shall be afforded an opportunity, during the period of time when representation may be made, to examine any written or documentary evidence that will be produced or any report the contents of which will be considered by the Superintendent when the Superintendent considers the proposal.

(5) The Superintendent shall transmit a copy of the decision, together with written reasons therefor, to the administrator, the employer and every person who made representation to the Superintendent pursuant to subsection (3). R.S., c. 340, s. 90.

Information to Superintendent

91 (1) The Superintendent may require an employer, an administrator or any person to supply to the Superintendent information, in such form as is acceptable to the Superintendent and within such time limits as specified, for the purpose of ascertaining whether or not this Act and the regulations are being complied with.

(2) A person to whom a request is made pursuant to subsection (1) shall comply with the request within the time specified by the Superintendent or person designated by the Superintendent. R.S., c. 340, s. 91.

Personal liability

92 The Superintendent or the staff of the Superintendent are not personally liable for anything done in good faith in the execution or intended execution of a duty or authority pursuant to this Act or the regulations or for alleged neglect or default in the execution in good faith of such a duty or authority. R.S., c. 340, s. 92.

Examination by Auditor General

93 The Auditor General may from time to time examine the accounts and financial transactions of the Superintendent. R.S., c. 340, s. 93.

Annual report to Minister

94 (1) The Superintendent shall report annually to the Minister.

(2) The Minister shall submit the annual report to the Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next ensuing session. R.S., c. 340, s. 94.

Agency

95 The Governor in Council may establish or designate an agency for the purposes, among others, of receiving, holding and disbursing pension benefits pursuant to this Act. R.S., c. 340, s. 95.

Deemed registration

96 Every pension plan that was registered and that continued to be qualified for registration pursuant to Chapter 14 of the Acts of 1975, immediately before the first day of January, 1988, is deemed to have continued to be registered pursuant to Chapter 11 of the Acts of 1987 upon the coming into force of said Chapter 11 on that day. R.S., c. 340, s. 96.

Time extension

97 The Superintendent may extend any prescribed time limit before or after the expiration of the time if satisfied that there are reasonable grounds for applying for the extension, and may give such directions as the Superintendent considers proper, consequent upon the extension. R.S., c. 340, s. 97.

Authority of Superintendent

98 The Superintendent or any person authorized in writing by the Superintendent for any purpose relating to the administration of this Act may, at any reasonable time,

(a) inspect or audit any books, records, writings or other documents relating to a pension plan or to any securities, obligations or investments in which pension fund money is invested;

(b) require an administrator to furnish such information as the Superintendent deems necessary for the purpose of ascertaining whether or not the provisions of this Act or the regulations have been or are being complied with. R.S., c. 340, s. 98.

Contravention of Act or order

99 (1) Every person who contravenes this Act or the regulations is guilty of an offence.

(2) Every person who contravenes an order made pursuant to this Act is guilty of an offence. R.S., c. 340, s. 99.

Fines

100 (1) Every person who is guilty of an offence contrary to this Act is liable on summary conviction to a fine not exceeding twenty-five thousand dollars.

(2) Notwithstanding subsection (1), where a corporation is convicted of an offence contrary to this Act, the maximum penalty that may be imposed is one hundred thousand dollars.

(3) Where a corporation is convicted of an offence contrary to this Act,

(a) each director of the corporation; and

(b) each officer, employee or agent of the corporation who was, in whole or in part, responsible for the conduct of that part of the business of the corporation that gave rise to the offence,

is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars unless the director, officer, employee or agent satisfies the court that that person took all reasonable care to prevent the commission of the offence.

(4) Where a person is convicted of an offence related to the failure to submit or make payment to a pension fund or to an insurance company, the court that convicts the person may, in addition to any fine imposed, assess the amount not submitted or not paid and order the person to pay the amount to the pension fund or to the insurance company.

(5) An order for payment pursuant to subsection (4) may be made an order of the county court and shall be enforced in a like manner as any order or judgment of such court.

(6) To make such decision or order an order of the county court, the Superintendent shall endorse a copy of the decision or order certifying it to be a true copy as follows:

and the Superintendent may forward the decision or order so endorsed to a clerk of the county court who shall, on receipt thereof, enter the same as a record, and it shall thereupon become and be an order of the county court and enforceable as any order or judgment thereof.

(7) No proceeding pursuant to this Act shall be commenced more than two years after the date when the subject-matter of the proceeding came to the knowledge of the Superintendent.

(8) A statement by the Superintendent as to the date when the subject-matter of the proceeding first came to the knowledge of the Superintendent is admissible in evidence in or in respect of the proceeding as prima facie proof of the facts stated therein without proof of the appointment or signature of the Superintendent. R.S., c. 340, s. 100; 2002; 2002, c. 21, s. 42.

Injunction

101 Where a provision of this Act or the regulations is contravened, notwithstanding any other remedy or penalty imposed, the Superintendent may apply to the Trial Division of the Supreme Court for an order prohibiting the continuation or repetition of the contravention or the carrying on of any activity specified in the order that, in the opinion of the Court, will or will likely result in the continuation or repetition of the contravention by the person commiting [committing] the contravention, and the Court may make the order and the order may be enforced in the same manner as any other order of the Court. R.S., c. 340, s. 101.

Manner of service

102 (1) A notice, order or other document pursuant to this Act or the regulations is sufficiently given, served or delivered if delivered personally or sent by first class mail addressed to the person to whom it is to be given, served or delivered at the person's last known address.

(2) A notice, order or other document sent by first class mail in accordance with subsection (1) shall be deemed to be given, served or delivered on the seventh day after the day of mailing, unless the person to whom it is sent establishes that, acting in good faith, the person did not receive the notice, order or other document, or did not receive it until a later date, through absence, accident, illness or other cause beyond that person's control. R.S., c. 340, s. 102; 2002, c. 21, s. 43.

Time limit for action

103 The administrator of a pension plan who is required to take an action pursuant to this Act or the regulations shall take the action within the prescribed period of time. R.S., c. 340, s. 103.

Conflict with other Acts

104 In the event of a conflict between this Act and any other Act, this Act prevails unless the other Act states that it is to prevail over this Act. R.S., c. 340, s. 104.

Regulations

105 (1) The Governor in Council may make regulations

(a) prescribing any matter referred to in this Act as prescribed;

(b) prescribing the times for filing or the last dates for filing of documents that are required to be filed pursuant to this Act;

(c) prescribing reports that shall be submitted to the Superintendent, the contents and the method of preparation of the reports and the persons or classes of persons by whom the reports must be prepared;

(d) prescribing procedures that shall govern the establishment of advisory committees and the appointments of members of advisory committees;

(e) prescribing fees for the purpose of this Act;

(f) prescribing classes of employees for the purpose of this Act and the regulations;

(g) prescribing the methods of calculating the values of assets and liabilities of pension funds;

(h) prescribing criteria that shall be complied with before any surplus may be paid out of a pension fund;

(i) prescribing the rate or the method of determining the rate at which an employer shall pay money due from the employer pursuant to this Act on a wind up, and prescribing the manner of payment and to whom payment shall be made;

(j) regulating or prohibiting the investment of money from pension funds and prescribing investments or classes of investments in which such money may be invested;

(k) prescribing requirements for retirement savings contracts and life annuity contracts between members and trustees to whom administrators may make payment when required in accordance with this Act, requiring such trustees to file specimens of such contracts before such payments may be made and authorizing the Superintendent to refuse to file a specimen contract that does not meet the requirements;

(l) respecting the division of pension or pension benefits pursuant to Section 61;

(la) respecting commencement of payment of a pension for the purpose of Section 61;

(lb) respecting circumstances in which Section 50 is applicable to a spouse or common-law partner of a member or former member for the purpose of Section 61;

(lc) respecting the entitlement to a pension or pension benefit divided under Section 61 upon the death of

(ld) prescribing limitations on fees that may be charged by administrators in relation to divisions made pursuant to Section 61;

(m) prescribing the rate of interest and the method of calculating interest payable pursuant to this Act or the regulations, if such rate or method is not specified in the requirement for payment of the interest;

(n) prescribing forms and providing for their use;

(o) prescribing the time within which any document specified in the regulations that this Act requires to be given, transmitted, filed or served shall be given, transmitted, filed or served;

(p) prescribing requirements that shall be complied with in the administration of a pension plan;

(q) prescribing records that shall be kept by an administrator and the period of time for which such records shall be retained by the administrator;

(r) requiring the audit of pension plans or classes of pension plans and pension funds or classes of pension funds and prescribing the persons or classes of persons who may perform the audits and the manner of performing the audits;

(s) prescribing the manner of determining the portion of a pension benefit, pension, deferred pension or ancillary benefit that is attributable to employment on or after the first day of January, 1988;

(t) governing the wind up of pension plans or classes of pension plans and prescribing priorities or the method of determining priorities on wind up, including priorities in allocation of assets;

(u) governing the receiving, holding and disbursing of pension benefits by any agency established or designated pursuant to this Act;

(v) exempting any pension plan, class of pension plan or class of employees from the application of this Act or the regulations or from any Section of this Act or the regulations;

(va) prescribing for the purpose of Section 71A, the cost of complying with an attachment;

(vaa) prescribing retirement savings arrangements, circumstances and amounts, and restrictions for the purpose of Section 71;

(vb) prescribing the requirements of agreements for the purpose of clause (b) of subsection (3) of Section 84;

(w) defining any word or expression used but not defined in this Act;

(x) generally for carrying into effect the provisions of this Act.

(2) A regulation may be general or particular in its application and may be limited as to time or place.

(3) A regulation may adopt by reference, in whole or in part, with such changes as the Governor in Council considers necessary, any code, formula, standard or procedure, and may require compliance with a code, formula, standard or procedure so adopted.

(4) The exercise by the Governor in Council of the authority contained in this Section shall be regulations within the meaning of the Regulations Act. R.S., c. 340, s. 105; 2000, c. 29, s. 29; 2002, c. 21, s. 44; 2006, c. 42, s. 3.

Application of existing regulations

106 Notwithstanding the repeal of Chapter 14 of the Acts of 1975, said Chapter 14 and the regulations thereunder continue to apply to persons who have, before the first day of January, 1988, ceased membership in a pension plan or retired from a pension plan. R.S., c. 340, s. 106.

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