Pension Benefits Standards Act, 1985 (R.S.C., 1985, c. 32 (2nd Supp.))

Act current to 2017-12-11 and last amended on 2016-06-30. Previous Versions

Marginal note:Signatures

 A requirement under this Act for a signature is satisfied in relation to an electronic document if the prescribed requirements, if any, are met and if the signature results from the use by a person of a technology or a process that permits the following to be proven:

  • (a) the signature resulting from the use by the person of the technology or process is unique to them;

  • (b) the technology or process is used by the person to incorporate, attach or associate their signature to the electronic document; and

  • (c) the technology or process can be used to identify its user.

  • 2010, c. 25, s. 195.

Objections and Appeals

Marginal note:Notice of objection
  •  (1) An administrator who is notified under subsection 10(4) or section 11.1 may, within sixty days after the day the notification is given, serve on the Superintendent a notice of objection in the prescribed form and manner, setting out the reasons for the objection and all facts relevant to it.

  • Marginal note:Reconsideration by Superintendent

    (2) On receipt of a notice of objection, the Superintendent shall immediately reconsider the refusal or the revocation and cancellation, as the case may be, and vary or confirm the action taken, and shall immediately notify the administrator of the decision.

  • R.S., 1985, c. 32 (2nd Supp.), s. 32;
  • 1998, c. 12, s. 20.
Marginal note:Appeal to Federal Court
  •  (1) Where an administrator has served a notice of objection under section 32, the administrator may,

    • (a) within ninety days after the Superintendent has confirmed the action taken as described in subsection 32(1), or

    • (b) after ninety days and before one hundred and eighty days have elapsed after service of the notice of objection and the Superintendent has not notified the administrator that the Superintendent has varied or confirmed the action taken,

    appeal to the Federal Court for an order as described in paragraph (5)(b).

  • Marginal note:Institution of appeal

    (2) An appeal to the Federal Court shall be instituted by filing in the Registry of the Court, or by sending by registered mail addressed to it at Ottawa, three copies of a notice of appeal in prescribed form.

  • Marginal note:Registry to transmit copies

    (3) On receipt of the copies of the notice of appeal referred to in subsection (2), the Registry of the Court shall transmit two copies to the Superintendent.

  • Marginal note:Documents relevant to appeal

    (4) Forthwith after receiving a copy of the notice of appeal, the Superintendent shall forward to the Registry of the Court copies of all documents relevant to the appeal.

  • Marginal note:Disposal of appeal

    (5) The Court may dispose of an appeal

    • (a) by dismissing it and ordering the appellant to ensure the compliance of the pension plan to which the appeal relates with this Act and the regulations; or

    • (b) by allowing it and ordering the Superintendent to register the pension plan to which the appeal relates or reinstate the registration of the plan, as the circumstances require, and issue a certificate of registration in respect thereof.

  • Marginal note:Conditions

    (6) An order made as described in paragraph (5)(b) may include conditions imposed on the appellant that are conditions precedent to the registration or reinstatement of registration of the pension plan to which the appeal relates.

  • R.S., 1985, c. 32 (2nd Supp.), s. 33;
  • 1998, c. 12, s. 21.

General

Marginal note:Application to Federal Court
  •  (1) If an administrator, employer or other person has omitted to do any thing under this Act that is required to be done by them or on their part, or contravenes a direction of the Superintendent or a provision of this Act or the regulations, the Superintendent may, in addition to any other action that the Superintendent may take, apply to the Federal Court for an order requiring the administrator, employer or other person to cease the contravention or do any thing that is required to be done, and on such application the Federal Court may so order and make any other order it thinks fit.

  • Marginal note:Appeal

    (2) An appeal from an order made under subsection (1) lies in the same manner as an appeal from any other order of the Federal Court.

  • 1998, c. 12, s. 22.
Marginal note:Superintendent may bring actions
  •  (1) In addition to any other action that the Superintendent may take in respect of a pension plan, the Superintendent may bring against the administrator, employer or any other person any cause of action that a member, former member or any other person entitled to a benefit from the plan could bring.

  • Marginal note:Retroactivity

    (2) Subsection (1) applies in respect of any cause of action regardless of whether it arose before or after the coming into force of this section.

  • 1998, c. 12, s. 22;
  • 2010, c. 12, s. 1818.
Marginal note:Inspection
  •  (1) 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 any books, records or other documents, regardless of their physical form or characteristics, relating to a pension plan or to any securities, obligations or other investments in which pension fund moneys are invested; and

    • (b) require the administrator of a pension plan to furnish such information and in such form 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.

  • Marginal note:Powers of Superintendent

    (2) The Superintendent has the same powers as those conferred on commissioners under Part II of the Inquiries Act with respect to the taking of evidence, and may delegate those powers.

  • Marginal note:Payment of expenses

    (3) The fees and expenses of persons appointed on a temporary basis from outside the public service for the purposes of an inspection under paragraph (1)(a), including their fees and expenses related to preparing a report to the Superintendent relating to that inspection, are payable by the pension fund on being approved by the Superintendent.

  • R.S., 1985, c. 32 (2nd Supp.), s. 34;
  • 1998, c. 12, s. 23;
  • 2003, c. 22, s. 225(E).
Marginal note:No action against person for withholding, etc.

 No action lies against any person for withholding, deducting, paying or crediting any sum of money in compliance or intended compliance with this Act or the regulations.

Marginal note:Void or, in Quebec, null agreements
  •  (1) Where any provision of this Act or the regulations requires an amount to be withheld, deducted, paid or credited, any agreement or arrangement by the person on whom the requirement is imposed not to withhold, deduct, pay or credit that amount is void or, in Quebec, null.

  • Marginal note:Idem

    (2) Any agreement or arrangement to assign, charge, anticipate or give as security

    • (a) any benefit provided under a pension plan, or

    • (b) any money withdrawn from a pension fund pursuant to section 26

    is void or, in Quebec, null.

  • Marginal note:Exception

    (3) Subsection (2) does not apply to prevent the assignment of an interest in a pension benefit, or in a life-annuity of the prescribed kind resulting from a transfer or purchase pursuant to section 26, where the assignment

    • (a) is ordered by a court pursuant to provincial property law (within the meaning of subsection 25(1)); or

    • (b) is made under subsection 25(4) pursuant to a written agreement.

  • Marginal note:Void or, in Quebec, null agreements

    (4) Any agreement or arrangement

    • (a) to surrender or commute a benefit, or any right or interest therein, or

    • (b) to surrender or commute benefits payable as a result of a transfer or purchase pursuant to section 26

    that is inconsistent with the rules set out in subsection 18(1) is void or, in Quebec, null.

  • Marginal note:Exception

    (5) Subsection (4) does not apply in respect of payments pursuant to paragraph 18(2)(b) or (c).

  • R.S., 1985, c. 32 (2nd Supp.), s. 36;
  • 2000, c. 12, s. 262;
  • 2010, c. 12, s. 1825(E).
 
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