GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Solvency Funding Relief Regulations, 2009 — 25
25 (1) The employer and, if the employer is not the administrator of the plan, the administrator shall enter into a trust agreement or may amend any existing trust agreement they may have with the holder regarding the letters of credit referred to in this Part. (2) The trust agreement shall provide that (a) the holder shall hold the letters of credit in Canada in trust for the plan; (b) the definition default in subsection 1(1) applies to the agreement; (c) the employer shall immediately notify, in writing, the holder, the Superintendent and, if the employer is not the administrator of the plan, the administrator of a default; (d) if not otherwise notified under paragraph (c), the administrator shall notify, in writing, the holder and the Superintendent of a default immediately after becoming aware of it; (e) on receipt of the notice referred to in paragraph (c) or (d), the holder shall immediately make a demand for payment of the face amount of all of the letters of credit held in respect of the plan; (f) on receipt of a written notice of default from any person other than the employer or the administrator, the holder shall (i) immediately notify, in writing, the employer, the administrator and the Superintendent of the notice, and (ii) make a demand for payment of the face amount of all of the letters of credit held in respect of the plan unless the administrator provides a written notice to the holder within 30 days after receipt of the notice that the default has not occurred; (g) when a holder makes a demand for payment of a letter of credit held in respect of the plan, it shall notify, in writing, the employer, the administrator and the Superintendent that it has made the demand; (h) the holder shall immediately notify, in writing, the employer, the administrator and the Superintendent if the issuer does not pay the face amount of a letter of credit after a demand for payment has been made; (i) the holder shall not make a demand for payment if a letter of credit expires without being renewed, or the face amount is being reduced, in accordance with this Part; (j) the administrator shall notify the holder of any circumstance in which a letter of credit may expire or the face amount of a letter of credit may be reduced in accordance with this Part; and (k) the administrator shall provide the holder with a copy of the statements referred to in paragraph 26(1)(e) and subsection 26(2) and with a copy of the written notice referred to in paragraph 32(a). SOR/2015-60, s. 48(F)
Solvency Funding Relief Regulations, 2009 — 27
27 When the administrator provides the written statement under paragraph 28(1)(b) of the Act, the administrator shall also provide the following information: (a) the amount of the 2008 solvency deficiency or the solvency deficiency calculated in accordance with the definition solvency deficiency in subsection 9(1) of the Pension Benefits Standards Regulations, 1985 , as the case may be, that is being funded under this Part; (b) the fact that the deficiency is to be funded in accordance with this Part by equal annual payments over a period not exceeding 10 years; and (c) the aggregate face amount of all of the letters of credit that are held by the holder in respect of the plan. SOR/2015-60, s. 50(E)
Solvency Funding Relief Regulations, 2009 — 28
28 (1) The face amount of a letter of credit may be reduced, effective the beginning of a plan year, by (a) the amount by which the aggregate amount of payments that the employer has made to the pension fund in the previous plan year exceeds the total of the annual special payments made in accordance with this Part and the normal cost of the plan for that year as shown in the actuarial report; or (b) the amount by which the aggregate face amount of all of the letters of credit that are held by the holder in respect of the plan exceeds the amount referred to in paragraph 21(3)(a) or (b), as the case may be. (2) The face amount of the letter of credit shall not be reduced following a default. SOR/2011-85, s. 26
Solvency Funding Relief Regulations, 2009 — 29
29 (1) Despite section 9 of the Pension Benefits Standards Regulations, 1985 , a solvency deficiency that emerges after the day on which the initial solvency deficiency emerged shall be calculated as the amount by which the solvency liabilities exceed the sum of the following amounts: (a) the adjusted solvency asset amount, (b) the present value of special payments made under section 21 if at least one of those payments is due more than five years after the valuation date, and (c) the present value of the going concern special payments that were used to fund the initial solvency deficiency that are due during the period beginning on the valuation date and ending on the 10th anniversary of the date of emergence of the initial solvency deficiency if at least one of those payments is due more than five years after the valuation date. (2) The interest rate used to determine the present value of the special payments referred to in subsection (1) is the same as the interest rate used to determine the solvency liabilities. SOR/2010-149, s. 24
Solvency Funding Relief Regulations, 2009 — 30
30 On receipt of the notice from a holder that an issuer has not paid the face amount of a letter of credit after a demand for payment has been made, the employer shall remit to the pension fund, no later than 30 days after the day on which the demand for payment was made, an amount equal to the face amount of that letter of credit.
Solvency Funding Relief Regulations, 2009 — 31
31 (1) If a default occurs, the amount by which the aggregate amount of special payments that would have been made to the pension fund in accordance with section 9 of the Pension Benefits Standards Regulations, 1985 from the day on which the deficiency emerged, as adjusted to take into account the reductions in special payments resulting from the application of those Regulations, plus interest, exceeds the aggregate amount of special payments made to the pension fund in accordance with Part 1 and this Part, plus interest, shall immediately be remitted to the pension fund. (2) Except if a plan is fully terminated, the administrator shall have an actuarial report prepared — in which the present value of the special payments referred to in subsection 21(1) shall be zero — valuing the plan as at the last day of the plan year in which the default occurs. (3) Any remaining deficiency disclosed by the actuarial report prepared in accordance with subsection (2), which shall be calculated by including as an asset any amount remitted in accordance with subsection (1), shall be considered to have emerged on the day on which the deficiency emerged. (4) The remaining deficiency calculated under subsection (3) shall be funded by special payments sufficient to liquidate that deficiency by equal annual payments over a period not exceeding five years minus the number of years that the plan was funded in accordance with Part 1 and this Part. SOR/2010-149, s. 25; SOR/2011-85, s. 27; SOR/2015-60, s. 51(F)
Solvency Funding Relief Regulations, 2009 — 32
32 (1) A plan may cease to be funded in accordance with this Part, beginning on the first day of a plan year, if (a) the administrator gives written notice to the Superintendent not later than six months after the beginning of that plan year; (b) the amount by which the aggregate amount of special payments that would have been made to the pension fund in accordance with section 9 of the Pension Benefits Standards Regulations, 1985 from the day on which the deficiency emerged, as adjusted to take into account the reductions in special payments resulting from the application of those Regulations, plus interest, exceeds the aggregate amount of special payments made to the pension fund in accordance with Part 1 and this Part, plus interest, is remitted to the pension fund at least 30 days before the plan’s year end; and (c) an actuarial report is prepared in accordance with subsection 31(2) and any remaining deficiency is calculated and funded in accordance with subsections 31(3) and (4) as if a default had occurred, except that the actuarial report shall value the plan as at the first day of the plan year in which funding ceases. (2) Paragraphs (1)(b) and (c) do not apply if the face amount of the letters of credit obtained to fund the plan under this Part is included as a solvency asset as defined in subsection 2(1) of the Pension Benefit Standards Regulations, 1985 . SOR/2010-149, s. 26; SOR/2011-85, s. 28; SOR/2015-60, s. 52(F)
Solvency Funding Relief Regulations, 2009 — 33
33 These Regulations cease to be in force on November 1, 2019.
Solvency Funding Relief Regulations, 2009 — 34
34 These Regulations come into force on the day on which they are registered.
Solvency Funding Relief Regulations, 2009 — 28
28 A reference to an “unfunded liability” in these Regulations includes a reference to an “initial unfunded liability” as defined in subsection 9(1) of the Pension Benefits Standards Regulations, 1985 , as it read immediately before this section comes into force.
Solvency Funding Relief Regulations, 2009 — 30
30 These Regulations do not apply to a plan to which the Canadian Press Pension Plan Solvency Deficiency Funding Regulations apply.
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — a
Whereas, pursuant to subsection 332(1) a of the Canadian Environmental Protection Act, 1999 b , the Minister of the Environment published in the Canada Gazette , Part I, on April 26, 2008, a copy of the proposed Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations , substantially in the form set out in the annexed Regulations, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; a S.C. 2004, c. 15, s. 31 b S.C. 1999, c. 33
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — c
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 c of that Act; c S.C. 2002, c. 7, s. 124
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999 b , hereby makes the annexed Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations.
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — 1
Definitions 1 The following definitions apply in these Regulations. automotive refinishing means any activity relating to the servicing, maintenance, repair, restoration or modification of motor vehicles or mobile equipment, or their parts, involving the application of a coating or surface cleaner. ( finition automobile ) coating means a product that forms a film when applied to a surface for protective or any other automotive refinishing purpose. It excludes products used in carrying out metal plating and lacquer topcoats and any oil-based enamel paints used for the restoration of motor vehicles or mobile equipment made on or before 1985 and their parts. ( revêtement ) excluded compounds means the compounds that are excluded under item 65 of Schedule 1 to the Canadian Environmental Protection Act, 1999 as well as acetic acid, 1,1–dimethylethyl ester (C 6 H 12 0 2 ). ( composés exclus ) mobile equipment means any equipment, other than a motor vehicle, that is capable of being pulled on a highway. ( équipement mobile ) motor vehicle means any self-propelled vehicle, but does not include (a) an aircraft as defined in subsection 3(1) of the Aeronautics Act ; (b) rolling stock as defined in section 6 of the Canada Transportation Act ; or (c) a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water. ( véhicule automobile ) surface cleaner means a product used to prepare the surface of motor vehicles or mobile equipment by removing unwanted matter from the surface before applying a coating. It excludes products used for cleaning automotive refinishing equipment and hand-held spray bottle spot cleaners used to prepare surfaces prior to sanding. ( nettoyant de surface ) volatile organic compounds or VOC means volatile organic compounds that participate in atmospheric photochemical reactions and that are not excluded compounds. ( composés organiques volatils ou COV )
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
automotive refinishing means any activity relating to the servicing, maintenance, repair, restoration or modification of motor vehicles or mobile equipment, or their parts, involving the application of a coating or surface cleaner. ( finition automobile )
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
coating means a product that forms a film when applied to a surface for protective or any other automotive refinishing purpose. It excludes products used in carrying out metal plating and lacquer topcoats and any oil-based enamel paints used for the restoration of motor vehicles or mobile equipment made on or before 1985 and their parts. ( revêtement )
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
excluded compounds means the compounds that are excluded under item 65 of Schedule 1 to the Canadian Environmental Protection Act, 1999 as well as acetic acid, 1,1–dimethylethyl ester (C 6 H 12 0 2 ). ( composés exclus )
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
mobile equipment means any equipment, other than a motor vehicle, that is capable of being pulled on a highway. ( équipement mobile )
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — (a)
motor vehicle means any self-propelled vehicle, but does not include (a) an aircraft as defined in subsection 3(1) of the Aeronautics Act ; (b) rolling stock as defined in section 6 of the Canada Transportation Act ; or (c) a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water. ( véhicule automobile )
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
surface cleaner means a product used to prepare the surface of motor vehicles or mobile equipment by removing unwanted matter from the surface before applying a coating. It excludes products used for cleaning automotive refinishing equipment and hand-held spray bottle spot cleaners used to prepare surfaces prior to sanding. ( nettoyant de surface )
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
volatile organic compounds or VOC means volatile organic compounds that participate in atmospheric photochemical reactions and that are not excluded compounds. ( composés organiques volatils ou COV )
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — 2
Application 2 (1) Subject to subsection (2), these Regulations apply in respect of any product containing volatile organic compounds set out in column 1 of the schedule, if (a) the product is to be used for automotive refinishing; or (b) anywhere on the product’s container, or in any documentation relating to the product supplied by the product’s manufacturer, importer or seller or their duly authorized representative, it is indicated that the product may be used for automotive refinishing. Non-Application (2) These Regulations do not apply in respect of automotive refinishing products set out in column 1 of the schedule that are (a) manufactured, imported, offered for sale or sold for the purposes of export; (b) used for application in or on the premises of a factory or a shop, for purposes other than automotive refinishing, on products other than motor vehicles, mobile equipment, or their parts; (c) imported, offered for sale or sold in a non-refillable aerosol spray container or manufactured or imported to be packaged in that type of container; (d) imported, offered for sale or sold in a container with a capacity of 14.8 mL (0.5 fl oz) or less or manufactured or imported to be packaged in that size of container; (e) manufactured, imported, offered for sale or sold to be applied to motor vehicles or mobile equipment, or their parts, during manufacture; (f) manufactured, imported, offered for sale or sold to be used as a solvent in a laboratory for analysis; (g) manufactured, imported, offered for sale or sold to be used in scientific research; (h) manufactured, imported, offered for sale or sold to be used as a laboratory sample or analytical standard; (i) manufactured, imported, offered for sale or sold for use in chemical agent resistant coatings for motor vehicles, mobile equipment or their parts, for use in a military operation; or (j) manufactured, imported, offered for sale or sold in a container with a capacity of 118.3 mL (4.0 fl oz) or less or manufactured or imported to be packaged in that size of container, for use in automobile mobile restoration services. (3) For the purposes of paragraph (2)(i), military operation means any operation undertaken to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization. SOR/2018-11, s. 45
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations — 3
Manufacture or import 3 (1) A person must not manufacture or import any automotive refinishing product set out in column 1 of the schedule if its VOC concentration exceeds the limit set out in column 2 of the schedule for that product unless (a) the product is required to be diluted before use to a VOC concentration equal to or less than that limit set out in column 2 and the manufacturer, importer or seller, as the case may be, specifies the instructions for dilution on the product’s label or accompanying documentation, in both official languages; or (b) the person that manufactures or imports has been issued a permit under section 5. Sell or offer for sale (2) A person must not sell or offer for sale any automotive refinishing product set out in column 1 of the schedule if its VOC concentration exceeds the limit set out in column 2 for that product unless (a) the product is required to be diluted before use to a VOC concentration equal to or less than that limit set out in column 2 and the manufacturer, importer or seller, as the case may be, specifies the instructions for dilution on the product’s label or accompanying documentation, in both official languages; or (b) the product was manufactured or imported under a permit issued under section 5 and the sale or offer to sell occurs no later than one year after the day on which the permit expires. Combination of multiple components (3) For greater certainty, if the written instructions of the manufacturer, importer or seller require the combination of multiple components before the product is to be used, the VOC concentration in the product resulting from the combination of the multiple components must not exceed the VOC concentration limit set out in column 2 of the schedule for that product. Lowest VOC concentration limit (4) If anywhere on the container of a coating set out in the schedule, or in any documentation relating to the coating supplied by the manufacturer, importer, seller or their duly authorized representative, it is indicated that the coating may be used for the purpose of a different coating set out in the schedule, then the lowest VOC concentration limit applies.