GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pension Benefits Standards Act, 1985 — P-7.01
employment means the performance by an employee of work for remuneration for an employer under an express or implied contract of service or apprenticeship, and includes the tenure of an office; ( emploi )
Pension Benefits Standards Act, 1985 — P-7.01
federal-provincial agreement means an agreement entered into under subsection 6.1(1); ( accord fédéral-provincial )
Pension Benefits Standards Act, 1985 — P-7.01 (a)
former member , in relation to a pension plan, means (a) except in sections 9.2 and 24 and paragraph 28(1)(b.1), a person who, on or after January 1, 1987, has either ceased membership in the plan or retired; (b) in section 9.2 and paragraph 28(1)(b.1), a person who has either ceased membership in the plan or retired and has not, before the termination of the whole of the plan, (i) transferred their pension benefit credit under section 26, (ii) used their pension benefit credit to purchase a life annuity under section 26, or (iii) had their pension benefits transferred to another pension plan; or (c) in section 24, a person who, before, on or after January 1, 1987, has either ceased membership in the plan or retired; ( ancien )
Pension Benefits Standards Act, 1985 — P-7.01
full-time basis , in relation to an employee of a particular class, means engaged to work, throughout the year, all or substantially all of the normally scheduled hours of work established for persons in that class of employees; ( à temps plein )
Pension Benefits Standards Act, 1985 — P-7.01
immediate pension benefit means a pension benefit that is to commence within one year after the member becomes entitled to it; ( prestation de pension immédiate )
Pension Benefits Standards Act, 1985 — P-7.01
included employment has the meaning assigned by section 4; ( emploi inclus )
Pension Benefits Standards Act, 1985 — P-7.01
information system means a system used to generate, send, receive, store or otherwise process an electronic document; ( système d’information )
Pension Benefits Standards Act, 1985 — P-7.01
joint and survivor pension benefit means an immediate pension benefit that continues at least until the death of the member or former member or the death of the survivor of the member or former member, whichever occurs later; ( prestation réversible )
Pension Benefits Standards Act, 1985 — P-7.01
marriage and remarriage [Repealed, 2000, c. 12, s. 254]
Pension Benefits Standards Act, 1985 — P-7.01
member , in relation to a pension plan, means a person who has become a member of the pension plan and has neither ceased membership in the plan nor retired; ( participant )
Pension Benefits Standards Act, 1985 — P-7.01
Minister means the Minister of Finance; ( ministre )
Pension Benefits Standards Act, 1985 — P-7.01
multi-employer pension plan means a pension plan organized and administered for employees of two or more employers whose contributions to the pension plan are determined under an agreement between the participating employers or a collective agreement, statute or regulation, if the pension plan provides pension benefits that are determined by periods of employment with any or all of the participating employers, but does not include a pension plan where more than 95% of the plan members are employed by participating employers who are incorporated and are affiliates within the meaning of the Canada Business Corporations Act ; ( régime interentreprises )
Pension Benefits Standards Act, 1985 — P-7.01
multilateral agreement [Repealed, 2016, c. 7, s. 201]
Pension Benefits Standards Act, 1985 — P-7.01
negotiated contribution plan means a multi-employer pension plan that includes at least one defined benefit provision and under which a participating employer’s contributions are limited to an amount determined in accordance with an agreement entered into by the participating employers or a collective agreement, statute or regulation, and which amount does not vary as a function of the prescribed tests and standards for solvency referred to in subsection 9(1); ( régime à cotisations négociées )
Pension Benefits Standards Act, 1985 — P-7.01
office means the position of an individual entitling that individual to a fixed or ascertainable stipend or remuneration, and includes the position of an officer or director of a corporation or other organization and of an agent or mandatary acting for a principal or mandator, and officer means a person holding such a position; ( fonctions et cadre )
Pension Benefits Standards Act, 1985 — P-7.01
participating employer , in relation to a multi-employer pension plan, means an employer who is required to contribute to that plan; ( employeur participant )
Pension Benefits Standards Act, 1985 — P-7.01
part-time basis , in relation to an employee, means engaged to work on other than a full-time basis; ( à temps partiel )
Pension Benefits Standards Act, 1985 — P-7.01
pension benefit means a periodic amount to which, under the terms of a pension plan, a member or former member, or the spouse, common-law partner, survivor or designated beneficiary or estate or succession of a member or former member, is or may become entitled; ( prestation de pension )
Pension Benefits Standards Act, 1985 — P-7.01
pension benefit credit , in relation to any person, means the aggregate value at a particular time of that person’s pension benefit and other benefits provided under a pension plan, calculated in prescribed manner; ( droit à pension )
Pension Benefits Standards Act, 1985 — P-7.01
pension fund , in relation to a pension plan, means a fund maintained to provide benefits under or related to the pension plan; ( fonds de pension )
Pension Benefits Standards Act, 1985 — P-7.01
pension plan has the meaning assigned by subsection 4(2); ( régime de pension )
Pension Benefits Standards Act, 1985 — P-7.01
pensionable age , in relation to a member, means the earliest age (taking into account the period of employment with the employer or the period of membership in the pension plan, if applicable) at which a pension benefit, other than a benefit in respect of a disability (as defined in the regulations), is payable to the member under the terms of the pension plan without the consent of the administrator and without reduction by reason of early retirement; ( âge admissible )
Pension Benefits Standards Act, 1985 — P-7.01
plan year , in respect of a pension plan, means a calendar year, unless otherwise specified in the plan; ( exercice du régime )
Pension Benefits Standards Act, 1985 — P-7.01
prescribed means prescribed by regulation; ( Version anglaise seulement )
Pension Benefits Standards Act, 1985 — P-7.01
registered pension plan means a pension plan that is registered and in respect of which a certificate of registration has been issued by the Superintendent under this Act; ( régime agréé )
Pension Benefits Standards Act, 1985 — P-7.01
retire has the meaning assigned by subsection (3); ( retraite )
Pension Benefits Standards Act, 1985 — P-7.01
spouse , in relation to an individual, includes a person who is party to a void or, in Quebec, null marriage with the individual; ( époux )
Pension Benefits Standards Act, 1985 — P-7.01
standards for registration [Repealed, 1998, c. 12, s. 1]
Pension Benefits Standards Act, 1985 — P-7.01
Superintendent means the Superintendent of Financial Institutions appointed pursuant to subsection 5(1) of the Office of the Superintendent of Financial Institutions Act ; ( surintendant )
Pension Benefits Standards Act, 1985 — P-7.01
surplus means the amount, determined in the prescribed manner, by which the assets of a pension plan exceed its liabilities; ( excédent )
Pension Benefits Standards Act, 1985 — P-7.01 (a)
survivor , in relation to a member or former member, means (a) if there is no person described in paragraph (b), the spouse of the member or former member at the time of the member’s or former member’s death, or (b) a person who was the common-law partner of the member or former member at the time of the member’s or former member’s death; ( survivant )
Pension Benefits Standards Act, 1985 — P-7.01
termination , in relation to a pension plan, means the situations described in subsections 29(1), (2), (2.1) and (4.2); ( cessation )
Pension Benefits Standards Act, 1985 — P-7.01
variable benefit means a pension benefit payable in the form of a variable payment out of the pension fund; ( prestation variable )
Pension Benefits Standards Act, 1985 — P-7.01
winding-up , in relation to a pension plan, means the distribution of the assets of a pension plan that has been terminated; ( liquidation )
Pension Benefits Standards Act, 1985 — P-7.01
workout agreement means an agreement that establishes a funding schedule that has been approved by the Minister under section 29.3 ; ( accord de sauvetage )
Pension Benefits Standards Act, 1985 — P-7.01
Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan . ( maximum des gains annuels ouvrant droit à pension )
Pension Benefits Standards Act, 1985 — P-7.01 3
Pension plans may exceed minimum requirements 3 The requirements of this Act and the regulations shall not be construed as preventing the registration or operation of a pension plan containing provisions that are more advantageous to members of the plan, former members or potential members or their spouses, common-law partners, designated beneficiaries, estates or successions. R.S., 1985, c. 32 (2nd Supp.), s. 3; 2000, c. 12, s. 255; 2010, c. 12, s. 1787
Pension Benefits Standards Act, 1985 — P-7.01 4
f that employment is warranted having regard to the existence of other arrangements for the safeguarding of any benefits that are or may become available to employees or other persons in respect of that employment, or having regard to such other circumstances as the Governor in Council deems relevant. R.S., 1985, c. 32 (2nd Supp.), s. 4; 1993, c. 28, s. 78; 1999, c. 28, s. 172, c. 31, s. 244(F); 2002, c. 7, s. 226; 2012, c. 16, s. 84
Pension Benefits Standards Act, 1985 — P-7.01 5
Powers of Superintendent 5 (1) The Superintendent, under the direction of the Minister, has the control and supervision of the administration of this Act and has the powers conferred by this Act. Information and studies (2) The Superintendent may (a) collect information to determine the extent to which inflation adjustments and other adjustments to pension benefits are provided; (b) conduct studies, surveys and research programs and compile statistical and other information relating to pension plans and their operation; (c) disclose information gathered under paragraph (a) or (b) or subsection 9.01 (6) or filed under subsection 9.01 (5) or section 10, 10.1 or 12 to any government agency or regulatory body; and (d) collect information from a pension supervisory authority of a designated province and disclose information to that authority for the purposes of implementing a federal-provincial agreement. Terms and conditions (3) Any approval, authorization, consent or permission of the Superintendent given under this Act may be subject to terms and conditions. R.S., 1985, c. 32 (2nd Supp.), s. 5; 1998, c. 12, s. 3; 2010, c. 12, s. 1788, c. 25, s. 180; 2016, c. 7, s. 202
Pension Benefits Standards Act, 1985 — P-7.01 6.1
One or more designated provinces 6.1 (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with one or more designated provinces respecting any matter relating to pension plans that are subject to the pension legislation of at least one designated province that is a party to the agreement. Content of agreement (2) A federal-provincial agreement may, among other things, (a) limit the application of the pension legislation of a designated province that is a party to the agreement to a pension plan and adapt that legislation to that pension plan; (b) limit the application of this Act and the regulations to a pension plan and adapt them to that pension plan; (c) exempt a pension plan from the application of this Act and the regulations or the pension legislation of a designated province that is a party to the agreement; (c.1) make applicable, with respect to a pension plan, the pension legislation of a designated province that is a party to the agreement; (d) provide for the administration and enforcement of this Act, the regulations and the pension legislation of a designated province that is a party to the agreement; (e) authorize a pension supervisory authority of a designated province that is a party to the agreement or the association referred to in section 6.4 to exercise any of the Superintendent’s powers under this Act; (f) authorize the Superintendent to exercise any powers of a pension supervisory authority of a designated province that is a party to the agreement or the association referred to in section 6.4; (g) establish requirements — in addition to any other requirements under this Act, the regulations and the pension legislation of a designated province that is a party to the agreement — with respect to a pension plan, administrator or employer; and (h) confer powers on the Superintendent. Tabling in Parliament (3) The Minister must cause every federal-provincial agreement to be tabled in each House of Parliament. Publication — Canada Gazette (4) The Minister must cause to be published in the Canada Gazette (a) every federal-provincial agreement and a notice of the date on which the agreement comes into effect with respect to pension plans; (b) every amendment to a federal-provincial agreement and a notice of the date on which the amendment comes into effect with respect to pension plans; and (c) a notice of the effective date of the Government of Canada’s withdrawal from the federal-provincial agreement or of the effective date of termination of that agreement, whichever comes first. Publication — other (5) In addition to the publishing requirements under subsection (4), the Minister must ensure that every federal-provincial agreement and every amendment to a federal-provincial agreement is accessible to the public through the Internet or by any other means that the Minister considers appropriate. 2010, c. 25, s. 181; 2016, c. 7, s. 204
Pension Benefits Standards Act, 1985 — P-7.01 6.2
Force of law 6.2 (1) The provisions of a federal-provincial agreement, other than those exempted from the application of this subsection by regulation, have the force of law during the period that the agreement is in effect with respect to pension plans and are enforceable during that period as if those provisions formed part of this Act. Inconsistency with agreement (2) The provisions of a federal-provincial agreement that have the force of law prevail over any provision of this Act and the regulations to the extent of any inconsistency or conflict between them. 2010, c. 25, s. 181; 2016, c. 7, s. 205
Pension Benefits Standards Act, 1985 — P-7.01 6.3
Review by Federal Court 6.3 (1) A decision of a pension supervisory authority of a designated province that is made under the authority of a federal-provincial agreement and that relates to the application of this Act or the regulations is deemed to be a decision of a federal board, commission or other tribunal , as defined in subsection 2(1) of the Federal Courts Act , and is subject to judicial review under that Act. No review by Federal Court (2) A decision of the Superintendent that is made under the authority of a federal-provincial agreement and that relates to the application of the pension legislation of a designated province is deemed to be a decision of the pension supervisory authority of that province and is not subject to judicial review under the Federal Courts Act . 2010, c. 25, s. 181; 2016, c. 7, s. 205
Pension Benefits Standards Act, 1985 — P-7.01 6.4
Association of pension supervisory authorities 6.4 The Minister may, with the approval of the Governor in Council, enter into an agreement with one or more designated provinces respecting the establishment and operation in Canada of an association of pension supervisory authorities. 2010, c. 25, s. 181; 2016, c. 7, s. 205
Pension Benefits Standards Act, 1985 — P-7.01 7
Administrator 7 (1) The administrator of a pension plan shall be (a) in the case of a multi-employer pension plan established under one or more collective agreements, a board of trustees or other similar body constituted in accordance with the terms of the plan or the collective agreement or agreements to manage the affairs of the plan; (b) in the case of a multi-employer pension plan not described in paragraph (a), a pension committee constituted in accordance with the terms of the plan, subject to section 7.1, to manage the affairs of the plan; or (c) in the case of a pension plan other than a multi-employer pension plan, (i) the employer, or (ii) if the plan is established under one or more collective agreements and the terms of the plan or the collective agreement or agreements to manage the affairs of the plan provide for the constitution of a board of trustees or other similar body, that body. (2) [Repealed, 2012, c. 16, s. 85] R.S., 1985, c. 32 (2nd Supp.), s. 7; 1998, c. 12, s. 5; 2012, c. 16, s. 85
Pension Benefits Standards Act, 1985 — P-7.01 7.1
Representative of members 7.1 A pension committee must (a) if a majority of the pension plan members so requests, include a representative of the plan members; and (b) if the pension plan has fifty or more retired members and a majority of the retired members so requests, include a representative of the retired members. 1998, c. 12, s. 5
Pension Benefits Standards Act, 1985 — P-7.01 7.2
Pension council 7.2 (1) An employer who is the administrator of a pension plan may establish a pension council but, if the pension plan has fifty or more members and a majority of the members so requests, the employer shall establish a pension council. Representative of members (2) A pension council must include a representative of the pension plan members and, if the plan has fifty or more retired members and a majority of the retired members so requests, the council must include a representative of the retired members. Functions of pension council (3) The functions of a pension council are the following: (a) to promote awareness and understanding of the pension plan among members and potential members; (b) to review, at least once every year, the financial, actuarial and administrative aspects of the plan; (c) to perform the prescribed administrative functions; and (d) to perform any other functions that are specified by the pension plan or the employer. Information (4) The employer shall provide a pension council with any information that is necessary to enable it to carry out its functions. 1998, c. 12, s. 5
Pension Benefits Standards Act, 1985 — P-7.01 7.3
Choosing representatives 7.3 Pension plan members and retired members shall choose their representatives for the purposes of section 7.1 and subsection 7.2(2), directly or indirectly, in the prescribed manner. 1998, c. 12, s. 5
Pension Benefits Standards Act, 1985 — P-7.01 7.4
Duties of administrator 7.4 (1) The administrator of a pension plan shall, in accordance with this Act and the regulations, administer the pension plan and the pension fund and file the required documents. Employer to provide information (2) An employer who is not the administrator of its pension plan shall provide the administrator with the information that is required by the administrator in order to comply with the terms of the plan and discharge the duties under subsection (1). Coordinates (3) The administrator of a pension plan shall, within 30 days after being constituted or becoming the administrator, inform the Superintendent, in the form and manner, if any, that the Superintendent directs, of (a) the administrator’s name and address; or (b) the names and addresses of the persons who together constitute the body that is the administrator. The administrator shall inform the Superintendent, in the form and manner, if any, that the Superintendent directs, of any change to that information within 30 days after the change. 1998, c. 12, s. 5; 2010, c. 25, s. 182
Pension Benefits Standards Act, 1985 — P-7.01 7.5
Superintendent may require meeting 7.5 (1) An administrator shall hold a meeting, within the period specified by the Superintendent, to consider any matters set out in a written notice from the Superintendent requiring the administrator to hold a meeting. Participation (2) The Superintendent may (a) participate in the meeting; (b) require the administrator to invite members, former members or any other persons entitled to pension benefits under the pension plan to attend the meeting; and (c) require any other interested persons to attend the meeting. 1998, c. 12, s. 5; 2010, c. 12, s. 1789
Pension Benefits Standards Act, 1985 — P-7.01 7.6
Appointment of replacement administrator 7.6 (1) If the administrator of a pension plan is insolvent or unable to act or the Superintendent is of the opinion that it is in the best interests of the members or former members, or any other persons entitled to pension benefits under the plan, that the administrator be removed, the Superintendent may remove the administrator and appoint a replacement administrator. A replacement administrator may recover their reasonable fees and expenses from the pension fund. Notification (2) The Superintendent must notify a replaced administrator of their removal as soon as feasible. Effect of replacement (3) The replacement administrator is seized of the pension fund as of the date of the notification under subsection (2). Notice (4) If the whole of a pension plan is terminated, the replacement administrator must, on receiving approval of the termination report under subsection 29(10), give notice to the members, former members and any other persons who are entitled to pension benefits under the pension plan of the replacement administrator’s intention to distribute the assets of the plan in accordance with the report. Publication (5) The replacement administrator must publish the notice in the Canada Gazette and, except as otherwise directed by the Superintendent, once a week for two consecutive weeks in one or more newspapers in general circulation in each province. Subrogation (6) The members, former members and any other persons who were entitled to pension benefits under the pension plan immediately before the appointment of the replacement administrator are subrogated to those rights and claims of the replacement administrator that the replacement administrator has elected in writing not to pursue. They may maintain an action in respect of those rights and claims in their own name. Discharge (7) The Superintendent may discharge the replacement administrator when the assets of the pension plan have been distributed in accordance with this Act and the regulations. 2010, c. 12, s. 1790