Marginal note:Appeal to Federal Court

• 33. (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.

Marginal note:Application to Federal Court

• 33.1 (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.