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

Marginal note:Incorporation by reference

• 39.1 (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 foreign government 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 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.

Report to Parliament

Marginal note:Annual report

• 40 (1) The Superintendent shall, after consultation with the Chief Actuary of the Office of the Superintendent of Financial Institutions and as soon as possible after the end of each fiscal year, submit to the Minister a report on

  • (a) the operation of this Act during that year; and

  • (b) the success of pension plans in meeting the funding requirements, determined in accordance with section 9, and the corrective measures taken or directed to be taken to deal with any pension plans that are not meeting the funding requirements.

• Marginal note:Tabling in Parliament

  (2) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day the Minister receives it.

• Marginal note:Transmission to provinces

  (3) As soon as possible after the tabling of the report in Parliament, the Superintendent shall transmit the report to the relevant provincial ministers responsible for finance and provincial securities commissions.

Consequential Amendments to Other Acts

41 [Amendments]

Repeal

Marginal note:Repeal of R.S., c. P-7

• 42 (1) The Pension Benefits Standards Act is repealed.

• Marginal note:Limitation

  (2) Notwithstanding subsection (1), the Pension Benefits Standards Act and the regulations thereunder continue to apply to persons who have, before January 1, 1987, ceased membership in a pension plan or retired.

43 [Repealed, 2010, c. 12, s. 1823]

44 [Repealed, 2010, c. 12, s. 1823]

45 [Repealed, 2010, c. 12, s. 1823]

Coming into Force

Marginal note:Coming into force

46 This Act shall come into force on January 1, 1987.