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Pooled Registered Pension Plans Act (S.C. 2012, c. 16)

Assented to 2012-06-28

REGULATIONS

Marginal note:Governor in Council
  •  (1) The Governor in Council may make regulations

    • (a) respecting the terms and conditions for issuing a licence, the method for recovering the costs of licensing, and the number and scope of pooled registered pension plans that may be offered by an administrator;

    • (b) designating any province in which there is in force legislation similar to this Act;

    • (c) respecting the implementation of a multilateral agreement;

    • (d) exempting a multilateral agreement or any provision of that agreement from the application of subsection 7(1);

    • (e) respecting the management and investment of funds in members’ accounts, including the way in which the funds are to be held;

    • (f) respecting the process by which investment options are offered by an administrator and choices among those options are made;

    • (g) respecting investment options offered by an administrator;

    • (h) specifying the circumstances in which an administrator may change an investment choice made by a member;

    • (i) specifying the circumstances in which inducements may be given or offered by an administrator or demanded or accepted by an employer, and the types of inducements that may be given, offered, demanded or accepted;

    • (j) establishing criteria for determining whether a pooled registered pension plan is low-cost for the purposes of section 26;

    • (k) respecting the manner and frequency of remittances from the employer to the administrator;

    • (l) specifying the form and content of a notice to be provided under this Act as well as the manner in which and the period within which it is to be provided;

    • (m) respecting the setting of a contribution rate of 0% under subsection 45(2);

    • (n) respecting the circumstances in which a member or administrator is permitted to withdraw the funds in a member’s account;

    • (o) defining “disability” for the purposes of paragraph 47(2)(a);

    • (p) respecting variable payments;

    • (q) respecting the transfer of funds from the account of a member by the administrator;

    • (r) respecting the distribution of the funds in members’ accounts with a pooled registered pension plan that is being wound up;

    • (s) prescribing any measure necessary for the purposes of sections 64 and 65, including the time when and circumstances under which an electronic document is to be considered to have been provided or received and the place where it is considered to have been provided or received;

    • (t) exempting from the application of subsections 64(1) and (3) any requirement under this Act to provide a person with information;

    • (u) prescribing anything that by this Act is to be prescribed; and

    • (v) generally for carrying out the purposes and provisions of this Act.

  • Marginal note:Exceptions from included employment

    (2) The Governor in Council may make regulations excluding from included employment

    • (a) employment by an agent of Her Majesty in right of Canada; and

    • (b) any other employment if the Governor in Council, on a report of the Minister, is satisfied that provision has been made for the coverage of employees employed in that employment under the terms of a pension plan that is organized and administered for the benefit primarily of employees employed in other than included employment and that is required to be registered under the law of a designated province.

  • Marginal note:General or specific application

    (3) A regulation made under this Act may be made applicable generally to all pooled registered pension plans or specifically to one or more pooled registered pension plans.

Marginal note:Incorporation by reference
  •  (1) A regulation made under this Act may incorporate by reference a document produced by a person or body other than the Minister or the Superintendent.

  • Marginal note:Reproduced or translated document

    (2) A regulation may incorporate by reference a document that the Minister or Superintendent reproduces or translates from a document produced by a person or body other than the Minister or Superintendent, with any adaptations of form or reference that will facilitate its incorporation.

  • Marginal note:Jointly produced document

    (3) A regulation may incorporate by reference a document that the Minister or Superintendent produces jointly with a provincial or government agency for the purpose of harmonizing the regulation with other laws.

  • Marginal note:Scope of incorporation

    (4) A document may be incorporated by reference as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Defence

    (5) No person may be convicted of an offence or subjected to a penalty for the contravention of a regulation if a document that is relevant to the offence or contravention is incorporated by reference in the regulation unless it is proved that, at the time of the alleged contravention, the document was reasonably accessible to the person or reasonable steps had been taken to ensure that the document was accessible to the public.

  • Marginal note:Registration and publication

    (6) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • Marginal note:Exception

    (7) A regulation that is specifically applicable to one pooled registered pension plan or one employer may not incorporate by reference a document produced by the employer or administrator or any person related to either of them, including any body corporate that — within the meaning of subsections 2(2), (4) and (5) of the Canada Business Corporations Act — is affiliated with either of them or is the holding body corporate or a subsidiary of either of them.

ANNUAL REPORT

Marginal note:Annual report

 The Superintendent must, as soon as feasible after the end of each fiscal year, submit to the Minister a report on the operation of this Act during that year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day the Minister receives it.

RELATED AMENDMENTS

R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act

  •  (1) Subparagraph 60(1.5)(a)(ii) of the Bankruptcy and Insolvency Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (B):

    • (C) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act, and

  • (2) Subparagraph 60(1.5)(a)(iii) of the Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (B):

    • (C) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act; and

  •  (1) Paragraph 81.5(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    • (iii) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act; and

  • (2) Paragraph 81.5(1)(c) of the Act is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    • (iii) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act.

  •  (1) Paragraph 81.6(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    • (iii) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act; and

  • (2) Paragraph 81.6(1)(c) of the Act is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    • (iii) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act.

R.S., c. C-36Companies’ Creditors Arrangement Act

  •  (1) Subparagraph 6(6)(a)(ii) of the Companies’ Creditors Arrangement Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (B):

    • (C) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act, and

  • (2) Subparagraph 6(6)(a)(iii) of the Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (B):

    • (C) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act; and

R.S., c. H-6Canadian Human Rights Act

 Subsection 15(1) of the Canadian Human Rights Act is amended by adding the following after paragraph (d):

  • (d.1) the terms of any pooled registered pension plan provide for variable payments or the transfer of funds only at a fixed age under sections 48 or 55, respectively, of the Pooled Registered Pension Plans Act;

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

 Subsection 4(2) of the Pension Benefits Standards Act, 1985 is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (b.1) a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act; or

 
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