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Pension Benefits Standards Regulations, 1985

Version of section 25 from 2006-03-22 to 2011-12-30:

  •  (1) In this section,

    number of plan members

    number of plan members means the number of employees who are on the payroll of an employer or the total number on the payroll of all participating employers in a multi-employer pension plan

    • (a) in respect of a plan that is filed for registration pursuant to section 10 of the Act, at the time the plan is filed for registration, and

    • (b) in respect of an information return filed pursuant to section 12 of the Act, on the last day of the plan year in respect of which the information return is filed; (nombre d’adhérents)

    office year

    office year means the period beginning on April 1 in one calendar year and ending on March 31 in the next calendar year. (année administrative)

  • (2) In respect of a pension plan, the plan fee base is the number that is equal to the aggregate of

    • (a) 20;

    • (b) the lesser of

      • (i) the number of plan members in excess of 20, and

      • (ii) 980; and

    • (c) the lesser of

      • (i) 50 per cent of the number of plan members in excess of 1,000; and

      • (ii) 9,000.

  • (3) A fee shall be paid for the registration of a pension plan by the Superintendent

    • (a) at the time the plan is filed for registration pursuant to section 10 of the Act, in an amount that is equal to the plan fee base multiplied by the basic rate that is in effect at that time; and

    • (b) where the last day of a plan year of that plan occurs after the plan is filed for registration and before the plan is registered, on filing an information return pursuant to section 12 of the Act, in an amount that is equal to the plan fee base multiplied by the basic rate that is in effect six months after the last day of the plan year in respect of which the information return is filed.

  • (4) [Repealed, SOR/2001-222, s. 4]

  • (5) The basic rate for an office year beginning on or after April 1, 2002 is the rate determined in accordance with the formula

    (A + B)/C

    where

    A
    is the estimated total of expenses expected to be incurred during the office year for the registration of plans and their supervision, including inspection, by the Superintendent;
    B
    is 20% of the amount by which the total of expenses incurred for the registration of plans and their supervision, including inspection, by the Superintendent in the second to sixth preceding office years, but not those years ending in or before 2000, exceeds the total of fees and expenses paid under this section and subsection 34(3) of the Act in the second to sixth preceding office years but not those years ending in or before 2000; and
    C
    is the estimated total of the plan fee bases of all plans expected to be filed for registration under section 10 of the Act during the office year, or for which an information return is expected to be filed during the office year under section 12 of the Act.
  • (6) Each time an information return is filed for a plan under section 12 of the Act, a fee shall be paid for the plan’s supervision, including inspection, by the Superintendent.

  • (6.1) The fee referred to in subsection (6) is the amount determined by multiplying the plan fee base in respect of the plan by the basic rate that is in effect six months after the end of the plan year in respect of which the information return is filed.

  • (7) The Superintendent shall publish in the Canada Gazette Part I a notice setting out the basic rate that is established pursuant to subsection (5) in respect of each office year beginning on or after April 1, 1992, not later than 180 days before the beginning of that office year.

  • SOR/90-363, s. 5
  • SOR/91-228, s. 1
  • SOR/2001-222, s. 4

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