hordruma/ontario_laws_and_regs huggingface dataset:
PART VII PENSION PLANS
Additional pension plans of successor employers
106 (1) This section applies if a successor employer establishes another pension plan in the circumstances described in section 80 or 81 of the Pension Benefits Act.  1998, c. 15, Sched. A, s. 106 (1). Transfer of assets (2) The successor employer, in its sole discretion acting in its capacity as employer, may decide whether to transfer assets from the successor pension plan to the other pension plan and may decide upon all matters relating to the transfer, subject to the consent of the Chief Executive Officer appointed under subsection 10 (2) of the
Financial Services Regulatory Authority of Ontario Act, 2016 as required under the Pension Benefits Act.  1998, c. 15, Sched. A, s. 106 (2); 2018, c. 8, Sched. 10, s. 3. Requirements continued (3) Subsections 102 (4) and 104 (2) and sections 104.1 and 105 apply with respect to the other pension plan.  1998, c. 15, Sched. A, s. 106 (3); 2000, c. 42, s. 40. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 40
- 01/04/1999 2018, c. 8, Sched. 10, s. 3 - 08/06/2019
PART VII PENSION PLANS
Reciprocal transfer agreements
107 (1) This section applies with respect to the pension plans referred to in subsections 101 (1), 102 (1) and 106 (1).  1998, c. 15, Sched. A, s. 107 (1). Same (2) The administrators shall ensure that reciprocal transfer agreements between each of the pension plans are entered into and filed under the Pension Benefits Act.  1998, c. 15, Sched. A, s. 107 (2). Same (3) The reciprocal transfer agreements may be bilateral or multilateral.  1998, c. 15, Sched. A, s. 107 (3). Dispute resolution (4) If the administrator of a pension plan fails to enter into a reciprocal transfer agreement with the administrator of another pension plan before the prescribed date, the matters remaining in dispute between them shall be resolved in accordance with such requirements as may be prescribed.  1998, c. 15, Sched. A, s. 107 (4). Regulations (5) The Lieutenant Governor in Council may make regulations, (a) prescribing, for the purpose of subsection (4), dates applicable to pension plans that are specified by the regulations; (b) governing the resolution of matters remaining in dispute between the administrators of specified pension plans after the prescribed date.  1998, c. 15, Sched. A, s. 107 (5). Costs (6) The costs of dispute resolution after the prescribed date shall be borne equally by the applicable pension plans and are payable out of the pension funds of those plans.  1998, c. 15, Sched. A, s. 107 (6).
PART VII PENSION PLANS
FCPP membership temporarily extended
108 (1) In any of the following circumstances, an employee of a successor employer is a member of the FCPP until the commencement date for the applicable successor plan: 1. The employee was a member of the FCPP immediately before becoming employed by the successor employer. 2. The employee would be required to be a member of the FCPP, if the employee were employed by the Financial Corporation. 3. The employee would be required to be a member of the FCPP after meeting certain conditions, if the employee were employed by the Financial Corporation.  The employee meets those conditions before the commencement date. 4. The employee would be entitled, but not required, to become a member of the FCPP after meeting certain conditions, if the employee were employed by the Financial Corporation.  The employee becomes a member of the FCPP before the commencement date.  1998, c. 15, Sched. A, s. 108 (1). Employee contributions (2) An employee who is a member of the FCPP shall make employee contributions to the pension fund for the FCPP until the commencement date.  1998, c. 15, Sched. A, s. 108 (2).
PART VII PENSION PLANS
Employer contributions re temporary members
109 (1) This section applies with respect to each year or part thereof in which employees of any successor employer are members of the FCPP under section 108.  1998, c. 15, Sched. A, s. 109 (1). Obligation, successor employers (2) Each successor employer shall contribute to the pension fund for the FCPP for a year the amount determined by multiplying the rate described in subsection (4) by the pensionable earnings of the members of the FCPP who are its employees, other than their pensionable earnings, if any, as employees of the Financial Corporation.  1998, c. 15, Sched. A, s. 109 (2). Same, Financial Corporation (3) Despite subsection 99 (1), the Financial Corporation shall contribute to the pension fund for the FCPP for a year the amount determined by multiplying the rate described in subsection (4) by the pensionable earnings of the members of the FCPP who are its employees, other than their pensionable earnings, if any, as employees of a successor employer.  1998, c. 15, Sched. A, s. 109 (3). Rate (4) The rate for a year is determined by calculating the amount by which the normal cost in respect of all members of the FCPP exceeds the contributions made to the pension fund for the FCPP by all members for the year and dividing this amount by the pensionable earnings of all members of the FCPP for the year, as determined by the FCPP actuary.  1998, c. 15, Sched. A, s. 109 (4). Reductions (5) Subsection 99 (2) applies, with necessary modifications, to the Financial Corporation and to each successor employer.  1998, c. 15, Sched. A, s. 109 (5). Administrator (6) Despite subsection 8 (1) of the Pension Benefits Act, the Financial Corporation is the sole administrator of the FCPP while the successor employers are required to make contributions under this section.  1998, c. 15, Sched. A, s. 109 (6).
PART VII PENSION PLANS
Subsidiary to act as agent of Financial Corporation
110 (1) The Financial Corporation shall establish a subsidiary and shall retain the subsidiary to act as the agent of the Financial Corporation in its capacity as administrator of the FCPP.  1998, c. 15, Sched. A, s. 110 (1). Application of s. 72 (2) Section 72 does not apply to the subsidiary established under subsection (1).  1998, c. 15, Sched. A, s. 110 (2). Not an employee of the Crown (3) An employee of the subsidiary is not and shall not be deemed to be an employee of the Crown.  2006, c. 35, Sched. C, s. 31 (3). Application of subss. (5) and (6) (4) Subsections (5) and (6) cease to apply when the subsidiary is no longer retained for the purpose referred to in subsection (1).  1998, c. 15, Sched. A, s. 110 (4). Participation in FCPP (5) The following rules apply until the commencement date for the successor pension plan established by the Generation Corporation: 1. The employees of the subsidiary are, or are entitled to be, members of the FCPP on the same basis as employees of the Financial Corporation. 2. The subsidiary is an employer who is required to make contributions to the pension fund for the FCPP. 3. Section 109 applies, with necessary modifications, with respect to the rights and duties of the Financial Corporation and the subsidiary.  1998, c. 15, Sched. A, s. 110 (5). Participation in successor pension plan (6) The following rules apply on and after the commencement date for the successor pension plan established by Ontario Power Generation Inc.: 1. The employees of the subsidiary are, or are entitled to be, members of the successor pension plan established by Ontario Power Generation Inc. 2. Section 103 applies, with necessary modifications, with respect to the employees of the subsidiary. 3. The subsidiary is an employer who is required to make contributions to the pension fund for the successor pension plan. 4. Section 109 applies, with necessary modifications, with respect to the rights and duties of Ontario Power Generation Inc. and the subsidiary.  1998, c. 15, Sched. A, s. 110 (6); 2002, c. 1, Sched. A, s. 22. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 22 - 27/06/2002 2006, c. 35, Sched. C, s. 31 (3) - 20/08/2007
PART VII PENSION PLANS
Transfer agreements for successor plans
111 (1) The administrator of the FCPP and the administrator of each successor pension plan shall enter into an agreement governing the division and transfer of assets and liabilities from the FCPP to the successor pension plan.  1998, c. 15, Sched. A, s. 111 (1). Transfer of assets (2) The administrator of the FCPP shall transfer assets and liabilities from the FCPP to a successor pension plan in accordance with the transfer agreement relating to the successor pension plan.  1998, c. 15, Sched. A, s. 111 (2). Value of assets (3) Subject to subsection (4), the value of the assets to be transferred to a successor pension plan is calculated as of the changeover date using the formula, [(A + B)/C] × D in which, “A” is the total of the actuarial liabilities of the FCPP for the pension benefits and ancillary benefits of members of the FCPP who, on or after the commencement date and before the changeover date, become members of the successor pension plan and who, on the changeover date, become entitled to accrued pension benefits under the successor pension plan in respect of their employment before becoming members of the successor pension plan; “B” is the total of the actuarial liabilities of the FCPP for the pension benefits and ancillary benefits of former members of the FCPP who, on the changeover date, become former members of the successor pension plan; “C” is the total of the actuarial liabilities of the FCPP for the pension benefits and ancillary benefits of persons who, immediately before the changeover date, are members and former members of the FCPP; and “D” is the value of the assets held in the pension fund of the FCPP. 1998, c. 15, Sched. A, s. 111 (3). Same (4) The amount calculated under subsection (3) is subject to such adjustments as the transfer agreement may permit.  1998, c. 15, Sched. A, s. 111 (4). Same (5) Subsections 80 (5) to (7) of the Pension Benefits Act apply with respect to the transfer of assets.  1998, c. 15, Sched. A, s. 111 (5). Tax exemption (5.1) The Land Transfer Tax Act and the Retail Sales Tax Act do not apply with respect to the transfer of assets.  2000, c. 42, s. 41. Dispute resolution (6) If the administrators do not enter into a transfer agreement before the prescribed date, the matters remaining in dispute between them shall be resolved in accordance with such requirements as may be prescribed.  1998, c. 15, Sched. A, s. 111 (6). Regulations (7) The Lieutenant Governor in Council may make regulations, (a) prescribing, for the purpose of subsection (6), dates applicable to pension plans that are specified by the regulations; (b) governing the resolution of matters remaining in dispute after the prescribed date.  1998, c. 15, Sched. A, s. 111 (7). Costs (8) The costs of dispute resolution after the prescribed date are payable out of the pension fund for the FCPP.  1998, c. 15, Sched. A, s. 111 (8). Section Amendments with date in force (d/m/y) 2000, c. 42, s. 41
- 21/12/2000
PART VII PENSION PLANS
Transfer of benefits to successor plans
112 (1) This section applies if the Chief Executive Officer appointed under subsection 10 (2) of the Financial Services Regulatory Authority of Ontario Act, 2016 consents to the transfer of assets described in section 111 from the FCPP to a successor pension plan.  1998, c. 15, Sched. A, s. 112 (1); 2018, c. 8, Sched. 10, s. 4. Same (2) The following changes occur as of the changeover date: 1. Members of the FCPP who become members of the successor pension plan on or after the commencement date and before the changeover date become entitled to pension benefits under the successor pension plan in respect of their employment before becoming members of the successor pension plan and they cease to be entitled to those benefits under the FCPP. 2. Former members of the FCPP who become former members of the successor pension plan on the changeover date become entitled to pension benefits under the successor pension plan in respect of the applicable person’s employment before the changeover date. 3. Those former members cease to be former members of the FCPP. 4. Those members and former members become entitled to credit in the successor pension plan for the period of membership of the member or the applicable former member in the FCPP, for the purpose of determining entitlement to ancillary benefits under the successor pension plan.  1998, c. 15, Sched. A, s. 112 (2). Transfer of responsibility (3) As of the changeover date, the successor employer assumes responsibility for the accrued pension benefits under the FCPP of the members and former members described in subsection (2), and the Financial Corporation ceases to be responsible for those accrued pension benefits.  1998, c. 15, Sched. A, s. 112 (3). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 10, s. 4 - 08/06/2019 PART VIII   ELECTRICAL SAFETY
PART VIII ELECTRICAL SAFETY
Definitions
112.1 In this Part, “administrative penalty” means an administrative penalty imposed under subsection 113.18.1 (1); (“pénalité administrative”) “Authority” means the Electrical Safety Authority; (“Office”) “authorization” means a licence, certificate or registration issued under this Part, despite the definition of “licence” in subsection 2 (1); (“autorisation”) “Director” means a person appointed as a Director under this Part; (“directeur”) “inspector” means an inspector appointed under this Part; (“inspecteur”) “investigator” means an investigator appointed under this Part; (“enquêteur”) “person” means an individual, a corporation, an association, a partnership or any other entity; (“personne”) “regulations” means the regulations made under this Part, despite the definition of “regulations” in subsection 2 (1). (“règlements”) 2004, c. 19, s. 12 (2); 2006, c. 34, s. 12 (1); 2021, c. 34, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (1, 2) - 30/11/2005 2006, c. 34, s. 12 (1)
- 01/01/2008 2021, c. 34, Sched. 9, s. 3 - 01/04/2023 Electrical Safety
PART VIII ELECTRICAL SAFETY
Causing damage
113.0.1 (1) No person shall damage or cause any damage to any work, matter or thing used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario.  2006, c. 34, s. 12 (3). Interference (2) No person shall interfere with any work, matter or thing used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario in the course of alterations or repairs to non-electrical equipment or structures except where it is necessary to disconnect or move components of an electrical installation, in which event it shall be the responsibility of the person carrying out the alterations or repairs to ensure that the electrical installation is restored to a safe operating condition as soon as the progress of the alterations or repairs permits.  2006, c. 34, s. 12 (3). Removal of labels (3) No person shall, without the consent of the Director, remove any label, tag, seal or warning, as prescribed by the regulations, applied by the Authority to any work, matter or thing used or to be used in the generation, transmission, distribution, retail or use of electricity in Ontario.  2006, c. 34, s. 12 (3). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 12 (3)
- 01/10/2007
PART VIII ELECTRICAL SAFETY
Director
113.1 (1) The Authority may appoint one or more Directors for the purposes of this Part. 2004, c. 19, s. 12 (5). Restrictions (2) An appointment is subject to the restrictions, limitations and conditions that the Authority sets out in it. 2004, c. 19, s. 12 (5). Powers (3) Unless otherwise stated in the appointment, a Director, (a) may supervise and direct inspectors and other persons responsible for administering or enforcing this Part, the regulations or an order of the Authority; and (b) is an inspector and may exercise any of the powers and perform any of the duties of an inspector. 2004, c. 19, s. 12 (5). Delegation (4) A Director may delegate in writing any of his or her powers or duties to any person, subject to the restrictions, limitations and conditions that the Director sets out in the delegation. 2004, c. 19, s. 12 (5). Exception (4.1) Despite subsection (4), a Director shall not delegate the power to impose an administrative penalty under subsection 113.18.1 (1). 2021, c. 34, Sched. 9, s. 4. Document of appointment (5) The Authority shall issue to each Director a document establishing his or her appointment, and the Director shall produce it on request. 2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005 2021, c. 34, Sched. 9, s. 4 - 01/04/2023
PART VIII ELECTRICAL SAFETY
Authorization
113.2 (1) Except as provided in the regulations, no person shall carry out or propose to carry out, or permit or employ another person to carry out, an activity referred to in the regulations as requiring an authorization without first obtaining an authorization in accordance with this Part and the regulations.  2006, c. 34, s. 12 (4). Refusal, suspension, etc. (2) A Director may refuse to grant an applicant an authorization for the carrying out of activities or may refuse to renew, may suspend or may revoke an authorization holder’s authorization for the carrying out of activities, if the Director has reason to believe that, (a) the applicant or authorization holder will not carry out the activities in accordance with the law; (b) the applicant or authorization holder will not carry out the activities safely; (c) the applicant or authorization holder lacks the basic resources necessary to carry out the activities; (d) the applicant or authorization holder will not conduct himself or herself with honesty and integrity or in accordance with the principle of protecting consumers; (e) the applicant or authorization holder lacks the training, experience, qualifications or skills prescribed by the regulations; (f) the applicant or authorization holder failed to comply with or to meet a requirement of this Part, the regulations or an order of the Authority; (g) the authorization holder failed to comply with a restriction, limitation or condition of the authorization; (h) the authorization holder obtained the authorization through misrepresentation or fraud; or (i) the authorization holder permitted an unauthorized person to carry out the activities.  2004, c. 19, s. 12 (5). Conditions (3) An authorization is subject to, (a) the restrictions, limitations and conditions that are prescribed by the regulations; and (b) the restrictions, limitations and conditions that are imposed by a Director.  2004, c. 19, s. 12 (5). Compliance with regulations (4) In imposing a restriction, limitation or condition on an authorization, a Director shall comply with the rules prescribed by the regulations.  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005 2006, c. 34, s. 12 (4)
- 15/08/2007
PART VIII ELECTRICAL SAFETY
Notice of proposal
113.3 (1) Subject to subsection (2), a Director who proposes any of the following shall serve notice of the proposal, together with written reasons, on the applicant or authorization holder: 1. To grant an authorization subject to restrictions, limitations or conditions imposed on it by the Director. 2. To renew an authorization subject to restrictions, limitations or conditions imposed on it by the Director. 3. To refuse to grant an authorization. 4. To refuse to renew an authorization. 5. To suspend an authorization. 6. To revoke an authorization.  2004, c. 19, s. 12 (5). Exceptions (2) A notice of proposal is not required, (a) in the case of a provisional suspension of an authorization, or a provisional refusal to renew an authorization, under section 113.5; (b) in the case of a refusal to grant or renew an authorization, or a suspension of an authorization, under section 113.6.  2004, c. 19, s. 12 (5). Service of notice (3) The Director may serve the notice of proposal personally or by registered mail addressed to the applicant or authorization holder at the last address known to the Director, by fax or by any other form of electronic transmission if there is a record that the notice has been sent.  2004, c. 19, s. 12 (5). Deemed service, registered mail (4) If registered mail is used, the notice shall be deemed to have been served on the third day after the day of mailing, unless the person on whom notice is being served satisfies the Director that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice until a later date.  2004, c. 19, s. 12 (5). Deemed service, electronic transmission (5) If a fax or any other form of electronic transmission is used, the notice shall be deemed to have been served on the day after the fax was sent or the other transmission was made, unless the person on whom notice is being served satisfies the Director that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice until a later date.  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005
PART VIII ELECTRICAL SAFETY
Hearing
113.4 (1) A notice of proposal shall inform the applicant or authorization holder that the applicant or holder has a right to a hearing before the Director if the applicant or holder applies to the Director for the hearing within 15 days after being served with the notice.  2004, c. 19, s. 12 (5). Extension of time (2) The Director may extend the time for applying for a hearing, either before or after the 15-day period expires, if he or she is satisfied that, (a) there are reasonable grounds for granting the extension; and (b) there are apparent grounds for granting to the applicant or authorization holder the relief sought at the hearing.  2004, c. 19, s. 12 (5). Directions (3) In granting an extension, the Director may give any directions he or she considers appropriate.  2004, c. 19, s. 12 (5). If no hearing requested (4) If the applicant or authorization holder does not apply for a hearing in accordance with this section, the Director may carry out the proposal stated in the notice of proposal.  2004, c. 19, s. 12 (5). If hearing requested (5) If the applicant or authorization holder applies for a hearing in accordance with this section, the Director shall set a time for and hold the hearing, after issuing a notice of hearing to the applicant or authorization holder.  2004, c. 19, s. 12 (5). Findings of fact (6) The findings of fact made by the Director upon the hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act.  2004, c. 19, s. 12 (5). Decision (7) After the hearing, the Director may carry out the proposal stated in the notice of proposal if, (a) in the case of a proposal mentioned in paragraph 3, 4, 5 or 6 of subsection 113.3 (1), the Director is satisfied that any of the grounds set out in subsection 113.2 (2) exists; or (b) in the case of a proposal mentioned in paragraph 1 or 2 of subsection 113.3 (1), the Director is satisfied that the imposition of the restrictions, limitations and conditions complies with the rules mentioned in subsection 113.2 (4).  2004, c. 19, s. 12 (5). Section Amendments with date in force (d/m/y) 2004, c. 19, s. 12 (5)
- 30/11/2005