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

Act current to 2019-06-20 and last amended on 2015-04-01. Previous Versions

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)

Marginal note:Amendments to pension plans

  •  (1) Where an amendment to a pension plan may reasonably be regarded as having been made in contemplation of the termination or winding-up of the plan, either immediately or in the future, with a view to avoiding payment of any pension benefit or other benefit for which the plan provided, the amendment is subject to being declared void or, in Quebec, null, in the manner provided in this section.

  • Marginal note:Application and declaration

    (2) A judge of the Federal Court may, on application to that Court by the Superintendent and after such notice to the administrator of the pension plan as the judge may direct, declare void or, in Quebec, null any amendment to that pension plan that under subsection (1) is subject to being declared void or, in Quebec, null, and thereon, except as otherwise determined on appeal, if any, the amendment shall be deemed to be and always to have been void or, in Quebec, null for all purposes.

  • Marginal note:Proceedings on declaration

    (3) Where any declaration has been made under subsection (2), except with consent of the Superintendent, no process or proceedings shall be taken or instituted in consequence of that declaration within the time limit for the bringing of any appeal therefrom or while any such appeal remains to be disposed of.

  • R.S., 1985, c. 32 (2nd Supp.), s. 37
  • 2010, c. 12, s. 1825(E)
 
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