Income Tax Regulations — 8307
8307 (1) Application for a certification of the Minister for the purposes of subsection 147.1(10) of the Act shall be made in prescribed form by the administrator of the registered pension plan to which the certification relates. Prescribed Condition (2) For the purposes of subsection 147.1(10) of the Act in respect of a past service event and benefits with respect to a particular member of a registered pension plan, the prescribed condition is that, at the particular time the Minister issues the certification, (a) the aggregate of all amounts each of which is the member’s provisional PSPA with respect to an employer that is associated with the past service event does not exceed (b) the amount determined by the formula $8,000 + A + B + C - D + R where A is the member’s unused RRSP deduction room at the end of the year immediately preceding the calendar year (in this paragraph referred to as the “particular year”) that includes the particular time, B is the amount of the member’s qualifying withdrawals made for the purposes of the certification, determined as of the particular time, C is the amount of the member’s PSPA withdrawals for the particular year, determined as of the particular time, D is the aggregate of all amounts each of which is the accumulated PSPA of the member for the particular year with respect to an employer, determined as of the particular time, and R is the total of all amounts each of which is a PAR determined in connection with the individual’s termination in the particular year from a deferred profit sharing plan, or from a benefit provision of a registered pension plan, and in respect of which an information return has been filed under section 8402.01 with the Minister before the particular time. Qualifying Withdrawals (3) For the purposes of paragraph (5)(a) and the description of B in paragraph (2)(b), the amount of an individual’s qualifying withdrawals made for the purposes of a certification in respect of a past service event, determined as of a particular time, is the lesser of (a) the aggregate of all amounts each of which is such portion of an amount withdrawn by the individual from a registered retirement savings plan under which the individual was the annuitant (within the meaning assigned by subsection 146(1) of the Act) at the time of the withdrawal as (i) is eligible, pursuant to subsection (4), to be designated for the purposes of the certification, and (ii) is designated by the individual for the purposes of the certification by filing a prescribed form containing prescribed information with the Minister before the particular time, and (b) the amount, if any, by which (i) the aggregate of all amounts each of which is the provisional PSPA of the individual with respect to an employer that is associated with the past service event exceeds (ii) the amount, positive or negative, determined by the formula A + C - D + R where A, C, D and R have the same values as they have at the particular time for the purposes of the formula in paragraph (2)(b). Eligibility of Withdrawn Amount for Designation (4) An amount withdrawn by an individual from a registered retirement savings plan is eligible to be designated for the purposes of a certification, except to the extent that the following rules provide otherwise: (a) the amount is not eligible to be designated if the amount was (i) withdrawn from a registered retirement savings plan in a calendar year other than the year in which the designation would be filed with the Minister or either of the 2 immediately preceding calendar years, or (ii) withdrawn in circumstances that entitle the individual to a deduction under paragraph 60(l) of the Act; and (b) the amount is not eligible to be designated to the extent the amount was (i) designated by the individual for the purposes of any other certification, or (ii) deducted under section 60.2 or subsection 146(8.2) or 147.3(13.1) of the Act in computing the individual’s income for any taxation year. PSPA Withd