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:Force of law
  •  (1) The provisions of a federal-provincial agreement, other than those exempted from the application of this subsection by regulation, have the force of law during the period that the agreement is in effect with respect to pension plans and are enforceable during that period as if those provisions formed part of this Act.

  • Marginal note:Inconsistency with agreement

    (2) The provisions of a federal-provincial agreement that have the force of law prevail over any provision of this Act and the regulations to the extent of any inconsistency or conflict between them.

  • 2010, c. 25, s. 181;
  • 2016, c. 7, s. 205.
Marginal note:Review by Federal Court
  •  (1) A decision of a pension supervisory authority of a designated province that is made under the authority of a federal-provincial agreement and that relates to the application of this Act or the regulations is deemed to be a decision of a federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act, and is subject to judicial review under that Act.

  • Marginal note:No review by Federal Court

    (2) A decision of the Superintendent that is made under the authority of a federal-provincial agreement and that relates to the application of the pension legislation of a designated province is deemed to be a decision of the pension supervisory authority of that province and is not subject to judicial review under the Federal Courts Act.

  • 2010, c. 25, s. 181;
  • 2016, c. 7, s. 205.
Marginal note:Association of pension supervisory authorities

 The Minister may, with the approval of the Governor in Council, enter into an agreement with one or more designated provinces respecting the establishment and operation in Canada of an association of pension supervisory authorities.

  • 2010, c. 25, s. 181;
  • 2016, c. 7, s. 205.

Administration of Pension Plans

Marginal note:Administrator
  •  (1) The administrator of a pension plan shall be

    • (a) in the case of a multi-employer pension plan established under one or more collective agreements, a board of trustees or other similar body constituted in accordance with the terms of the plan or the collective agreement or agreements to manage the affairs of the plan;

    • (b) in the case of a multi-employer pension plan not described in paragraph (a), a pension committee constituted in accordance with the terms of the plan, subject to section 7.1, to manage the affairs of the plan; or

    • (c) in the case of a pension plan other than a multi-employer pension plan,

      • (i) the employer, or

      • (ii) if the plan is established under one or more collective agreements and the terms of the plan or the collective agreement or agreements to manage the affairs of the plan provide for the constitution of a board of trustees or other similar body, that body.

  • (2) [Repealed, 2012, c. 16, s. 85]

  • R.S., 1985, c. 32 (2nd Supp.), s. 7;
  • 1998, c. 12, s. 5;
  • 2012, c. 16, s. 85.
Marginal note:Representative of members

 A pension committee must

  • (a) if a majority of the pension plan members so requests, include a representative of the plan members; and

  • (b) if the pension plan has fifty or more retired members and a majority of the retired members so requests, include a representative of the retired members.

  • 1998, c. 12, s. 5.
Marginal note:Pension council
  •  (1) An employer who is the administrator of a pension plan may establish a pension council but, if the pension plan has fifty or more members and a majority of the members so requests, the employer shall establish a pension council.

  • Marginal note:Representative of members

    (2) A pension council must include a representative of the pension plan members and, if the plan has fifty or more retired members and a majority of the retired members so requests, the council must include a representative of the retired members.

  • Marginal note:Functions of pension council

    (3) The functions of a pension council are the following:

    • (a) to promote awareness and understanding of the pension plan among members and potential members;

    • (b) to review, at least once every year, the financial, actuarial and administrative aspects of the plan;

    • (c) to perform the prescribed administrative functions; and

    • (d) to perform any other functions that are specified by the pension plan or the employer.

  • Marginal note:Information

    (4) The employer shall provide a pension council with any information that is necessary to enable it to carry out its functions.

  • 1998, c. 12, s. 5.
Marginal note:Choosing representatives

 Pension plan members and retired members shall choose their representatives for the purposes of section 7.1 and subsection 7.2(2), directly or indirectly, in the prescribed manner.

  • 1998, c. 12, s. 5.
Marginal note:Duties of administrator
  •  (1) The administrator of a pension plan shall, in accordance with this Act and the regulations, administer the pension plan and the pension fund and file the required documents.

  • Marginal note:Employer to provide information

    (2) An employer who is not the administrator of its pension plan shall provide the administrator with the information that is required by the administrator in order to comply with the terms of the plan and discharge the duties under subsection (1).

  • Marginal note:Coordinates

    (3) The administrator of a pension plan shall, within 30 days after being constituted or becoming the administrator, inform the Superintendent, in the form and manner, if any, that the Superintendent directs, of

    • (a) the administrator’s name and address; or

    • (b) the names and addresses of the persons who together constitute the body that is the administrator.

    The administrator shall inform the Superintendent, in the form and manner, if any, that the Superintendent directs, of any change to that information within 30 days after the change.

  • 1998, c. 12, s. 5;
  • 2010, c. 25, s. 182.
Marginal note:Superintendent may require meeting
  •  (1) An administrator shall hold a meeting, within the period specified by the Superintendent, to consider any matters set out in a written notice from the Superintendent requiring the administrator to hold a meeting.

  • Marginal note:Participation

    (2) The Superintendent may

    • (a) participate in the meeting;

    • (b) require the administrator to invite members, former members or any other persons entitled to pension benefits under the pension plan to attend the meeting; and

    • (c) require any other interested persons to attend the meeting.

  • 1998, c. 12, s. 5;
  • 2010, c. 12, s. 1789.
Marginal note:Appointment of replacement administrator
  •  (1) If the administrator of a pension plan is insolvent or unable to act or the Superintendent is of the opinion that it is in the best interests of the members or former members, or any other persons entitled to pension benefits under the plan, that the administrator be removed, the Superintendent may remove the administrator and appoint a replacement administrator. A replacement administrator may recover their reasonable fees and expenses from the pension fund.

  • Marginal note:Notification

    (2) The Superintendent must notify a replaced administrator of their removal as soon as feasible.

  • Marginal note:Effect of replacement

    (3) The replacement administrator is seized of the pension fund as of the date of the notification under subsection (2).

  • Marginal note:Notice

    (4) If the whole of a pension plan is terminated, the replacement administrator must, on receiving approval of the termination report under subsection 29(10), give notice to the members, former members and any other persons who are entitled to pension benefits under the pension plan of the replacement administrator’s intention to distribute the assets of the plan in accordance with the report.

  • Marginal note:Publication

    (5) The replacement administrator must publish the notice in the Canada Gazette and, except as otherwise directed by the Superintendent, once a week for two consecutive weeks in one or more newspapers in general circulation in each province.

  • Marginal note:Subrogation

    (6) The members, former members and any other persons who were entitled to pension benefits under the pension plan immediately before the appointment of the replacement administrator are subrogated to those rights and claims of the replacement administrator that the replacement administrator has elected in writing not to pursue. They may maintain an action in respect of those rights and claims in their own name.

  • Marginal note:Discharge

    (7) The Superintendent may discharge the replacement administrator when the assets of the pension plan have been distributed in accordance with this Act and the regulations.

  • 2010, c. 12, s. 1790.
 
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