Pension Benefits Standards Regulations, 1985 (SOR/87-19)

Regulations are current to 2016-05-12 and last amended on 2015-04-01. Previous Versions

Application for Registration

  •  (1) An application for the registration of a plan shall include

    • (a) a copy of the plan, insurance contract, trust agreement, resolution, collective agreement on pensions, by-law and any other document that creates or supports the plan, the pension fund and any amendments to them;

    • (b) a copy of a written explanation referred to in subparagraph 28(1)(a)(i) of the Act;

    • (c) a cost certificate, prepared as of the effective date of the plan or, if a cost certificate has been prepared as of a date more recent than the effective date of the plan, the most recent cost certificate, in the case of

      • (i) a defined contribution plan where the contributions under the plan are allocated to individual plan members, and

      • (ii) a defined benefit plan that is an insured plan;

    • (d) an actuarial report, in the case of a plan, other than a plan described in paragraph (c), prepared as of the effective date of the plan or, if an actuarial report has been prepared as of a date more recent than the effective date of the plan, the most recent actuarial report;

    • (e) a written statement, signed by the administrator, as to whether a statement of investment policies and procedures referred to in subsection 7.1(1) has been established.

    • (f) [Repealed, SOR/2011-196, s. 31]

    • (g) [Repealed, SOR/2015-60, s. 4]

  • (2) A cost certificate referred to in paragraph (1)(c) shall be prepared by an actuary, accountant or other professional adviser and shall include

    • (a) the estimated cost of benefits under the plan and the contributions to the plan, showing separately employer and plan member contributions during the plan year in respect of which the cost certificate is prepared; and

    • (b) the formula for computing the cost of benefits, showing the formula for allocating the cost between the employer and the plan members for subsequent plan years.

  • (3) An actuarial report referred to in paragraph (1)(d) shall be prepared by an actuary in accordance with the Standard of Practice for Valuation of Pension Plans published by the Canadian Institute of Actuaries in January 1994, as amended from time to time and shall include

    • (a) the estimated cost of benefits under the plan, showing separately employer and plan member contributions in respect of service

      • (i) for the plan year following the date as of which the report is prepared, where that date falls on the last day of a plan year, and

      • (ii) for the plan year in which the date as of which the report is prepared falls, where that date falls on any other day of a plan year;

    • (b) the formula for computing the cost of benefits, showing the formula for allocating the cost between the employer and the plan members in respect of service for that plan year and subsequent plan years;

    • (c) the outstanding amount of unfunded liabilities existing on the date as of which the report is prepared and the special payments to be made in accordance with paragraph 9(4)(b);

    • (d) a certification that the plan does not have a solvency deficiency or a determination of the solvency deficiency of the plan and the special payments to be made in accordance with paragraph 9(4)(c); and

    • (e) the solvency ratio of the plan and the method to be used to calculate the solvency ratio of the plan for the succeeding three plan years.

  • (4) Any actuarial report referred to in paragraph (1)(d) that is prepared in respect of a negotiated contribution plan shall, if the funding of the plan fails to meet the standards of solvency referred to in section 8, contain the options available in respect of such funding that would result in the funding of the plan meeting the standards for solvency.

  • (5) Where an actuarial report referred to in paragraph (1)(d) is prepared in respect of a plan that provides benefits based on a rate of remuneration at the date of commencement of the payment of the pension benefit or on an average of the rates of remuneration over a specified and limited period, the current remuneration of each plan member shall be projected to estimate the remuneration on which the pension benefits payable at retirement will be based.

  • (6) Where an actuarial report referred to in paragraph (1)(d) is prepared in respect of a plan that provides for an increase in pension benefits after cessation of membership or after retirement, the actuarial report shall take into account the value of the increase in determining the value of pension benefits under the plan.

  • SOR/90-363, s. 3;
  • SOR/93-109, s. 4(E);
  • SOR/93-299, s. 3;
  • SOR/2002-78, s. 9;
  • SOR/2010-149, s. 4;
  • SOR/2011-85, s. 7;
  • SOR/2011-196, s. 31;
  • SOR/2015-60, s. 4.

 [Repealed, SOR/2015-60, s. 5]

 [Repealed, SOR/2015-60, s. 5]

 [Repealed, SOR/2015-60, s. 5]

Reporting

  •  (1) An information return required under subsection 12(1) of the Act to be filed annually shall contain information in respect of a plan that is related to that plan year.

  • (2) An information return required under subsection 12(1) of the Act to be filed other than annually shall contain all the information in respect of a plan relating to that portion of a plan year up to and including the date on which the information return is prepared.

 An information return referred to in subsection 12(1) of the Act shall contain the information set out in Form 2 of Schedule II.

  •  (1) The Superintendent shall require an administrator to file a cost certificate, prepared by an actuary, accountant or other professional advisor as of the effective date of an amendment to the plan that alters the cost of benefits under the plan or alters the contributions to the plan, in the case of

    • (a) a defined contribution plan where the contributions under the plan are allocated to individual plan members; and

    • (b) a defined benefit plan that is an insured plan.

  • (2) A cost certificate referred to in subsection (1) shall include

    • (a) the estimated cost of benefits under the plan and the contributions to the plan, showing separately employer and plan member contributions

      • (i) for the plan year following the effective date of the amendment, where the effective date falls on the last day of the plan year, or

      • (ii) for the plan year in which the effective date of the amendment falls, where the effective date falls on any other day of the plan year; and

    • (b) the formula for computing the cost of benefits, showing the formula for allocating the cost between the employer and the plan members for subsequent plan years.

  •  (1) The Superintendent may require the administrator to file, at such intervals or times as the Superintendent directs,

    • (a) subject to subsection (2), a list of assets held by the plan on the date directed by the Superintendent, showing

      • (i) the book value of each asset,

      • (ii) the market value of each asset, and

      • (iii) such information as will permit the verification of the market value attributed to an asset and the determination of whether the requirements of section 6 have been met;

    • (b) an appraisal that will permit the verification of the market value attributed to an asset held by the plan;

    • (c) if the plan is not an insured plan,

      • (i) a financial statement of the pension fund,

      • (ii) any information that the Handbook of the Canadian Institute of Chartered Accountants requires to be set out in a financial statement of a pension plan, and

      • (iii) an auditor’s report of the pension fund;

    • (d) information concerning the investments of the pension fund, including the information set out in Form 2.1 of Schedule II;

    • (e) any information relating to the determination of the solvency and funding status of a pension plan;

    • (f) the location of any books, records or other documents relating to a pension plan or to any securities, obligations or other investments in which pension fund money is invested;

    • (g) the name of the collective bargaining agent, if any, who represents the pension plan members;

    • (h) the information necessary to identify the employers who participate in or who have ceased participation in the plan;

    • (i) a certificate of the administrator or any person preparing, compiling or filing any information on behalf of the administrator that certifies that the information submitted to the Superintendent is accurate;

    • (j) a record of, or any other document evidencing, any operating expenses paid from the plan fund or that are due or accrued from the plan fund, including the names of any payees, the purpose and amounts of any payments made or to be made to each payee, including the aggregate amounts; and

    • (k) a record of, or any other document evidencing, all direct and indirect compensation that a person received or that is due or accrued in relation to any service provided by the person in respect of the plan.

  • (2) A list of assets is not required in respect of a plan under which benefits are provided through

    • (a) a contract issued by a person authorized to carry on a life insurance business in Canada, other than a contract in respect of which separate and distinct funds are maintained by the person; or

    • (b) a contract issued by the Government of Canada.

  • SOR/93-299, s. 4;
  • SOR/95-171, s. 6;
  • SOR/2002-78, s. 11.
 
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