1 (1) In this Act, “additional voluntary contribution” means a contribution to the pension fund by a member of the pension plan beyond any amount that the member is required to contribute, but does not include a contribution in relation to which the employer is required to make a concurrent additional contribution to the pension fund; (“cotisation facultative supplémentaire”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “additional voluntary contribution” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 37, s. 1 (1)) “additional voluntary contribution” means a contribution to the pension fund by a member of the pension plan beyond any amount that the member is required to contribute, but does not include, (a)  an optional contribution, or (b)  a contribution in relation to which the employer is required to make a concurrent additional contribution to the pension fund; (“cotisation facultative supplémentaire”) “administrator” means the person or persons that administer the pension plan; (“administrateur”) “assets”, in relation to an employer, means assets that in the ordinary course of business would be entered in books of account, whether or not a particular asset is entered in the books of account of the employer; (“actif”) “Authority” means the Financial Services Regulatory Authority of Ontario continued under subsection 2 (1) of the Financial Services Regulatory Authority of Ontario Act, 2016; (“Autorité”) “Authority rule” means a rule made under subsection 115.1 (1); (“règle de l’Autorité”) “bridging benefit” means a periodic payment provided under a pension plan to a retired member of the pension plan for a temporary period of time for the purpose of supplementing his or her pension benefit until he or she is eligible to receive benefits under the Old Age Security Act
(Canada) or is either eligible for or begins to receive retirement benefits under the Canada Pension Plan or the Quebec Pension Plan; (“prestation de raccordement”) “certified copy” means a copy certified to be a true copy; (“copie certifiée conforme”) “Chief Executive Officer” means the Chief Executive Officer appointed under subsection 10 (2) of the Financial Services Regulatory Authority of Ontario Act, 2016; (“directeur général”) “collective agreement” has the same meaning as in the Labour Relations Act, 1995; (“convention collective”) “Commission” means the former Financial Services Commission of Ontario that was established under the repealed Financial Services Commission of Ontario Act, 1997; (“Commission”) “commuted value” means the value calculated in the prescribed manner and as of a fixed date of a pension, a deferred pension, a pension benefit or an ancillary benefit; (“valeur de rachat”) “continuous”, in relation to employment, membership or service, means without regard to periods of temporary suspension of the employment, membership or service and without regard to periods of lay-off from employment; (“continu”) “contributory benefit” means a pension benefit or part of a pension benefit to which a member is required to make contributions under the terms of the pension plan; (“prestation contributive”) “deferred pension” means a pension benefit, payment of which is deferred until the person entitled to the pension benefit reaches the normal retirement date under the pension plan; (“pension différée”) “defined benefit” means a pension benefit other than a defined contribution benefit; (“prestation déterminée”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “defined benefit” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 37, s. 1 (2)) “defined benefit” means a pension benefit other than a defined contribution benefit or a target benefit; (“prestation déterminée”) “defined contribution benefit” means a pension benefit determined with reference to and provided by contributions, and the interest on the contributions, paid by or for the credit of a member and determined on an individual account basis; (“prestation à cotisation déterminée”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “defined contribution benefit” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 37, s. 1 (3)) “defined contribution benefit” means a pension benefit determined with reference to and provided by contributions paid by or for the credit of a member, and the interest on the contributions, and determined on an individual account basis, but does not include an optional benefit; (“prestation à cotisation determinée”) “designated jurisdiction” means any jurisdiction in Canada, including Canada itself, that is prescribed as a jurisdiction in which there is in force legislation substantially similar to this Act; (“autorité législative désignée”) “designated multi-jurisdictional pension plan” means a pension plan to which this Act applies and to which the pension benefits legislation of one or more designated jurisdictions also applies; (“régime de retraite à lois d’application multiples désigné”) “domestic contract” means a domestic contract as defined in Part IV of the Family Law Act; (“contrat familial”) “employee” means a natural person who is employed by an employer; (“employé”) “employer” means, in relation to a member, former member or retired member of a pension plan, the person or persons from whom or the organization from which the member, former member or retired member receives or received remuneration to which the pension plan is related, and “employed” and “employment” have a corresponding meaning; (“employeur”, “employé”, “emploi”) “family arbitration award” means a family arbitration award made under the Arbitration Act, 1991; (“sentence d’arbitrage familial”) “file” means file with the Chief Executive Officer; (“déposer”) “former member” means an individual who satisfies the criteria set out in section 1.1 to be a former member; (“ancien participant”) “going concern unfunded liability” means, with respect to a pension plan, a going concern unfunded liability as determined in accordance with the prescribed requirements; (“passif à long terme non capitalisé”) “Guarantee Fund” means the Pension Benefits Guarantee Fund continued by this Act; (“Fonds de garantie”) “insurance company” means a corporation authorized to undertake life insurance in Canada; (“compagnie d’assurance”) “joint and survivor pension” means a pension payable during the joint lives of the person entitled to the pension and his or her spouse and thereafter during the life of the survivor of them; (“pension réversible”) “jointly sponsored pension plan” means a pension plan described in subsection (2) and includes such other pension plans as may be prescribed; (“régime de retraite conjoint”) “member” means a member of the pension plan; (“participant”) “Minister” means the member of the Executive Council designated by the Lieutenant Governor in Council for the purposes of this Act; (“ministre”) “multi-employer pension plan” means a pension plan described in subsection (3); (“régime de retraite interentreprises”) “normal cost” means, with respect to a pension plan, the normal cost as determined in accordance with the regulations; (“coût normal”) “normal retirement date” means the date or age specified in the pension plan as the normal retirement date of members; (“date normale de retraite”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definitions: (See: 2020, c. 36, Sched. 37, s. 1 (4)) “optional benefit” means a benefit that is prescribed for the purposes of subsection 40.1 (1) as an optional benefit; (“prestation optionnelle”) “optional contribution” means a contribution to the pension fund that is made to obtain an optional benefit under the pension plan and that is made by a member of the pension plan beyond any amount that the member is required to make; (“cotisation optionnelle”) “partial wind up” means the termination of part of a pension plan and the distribution of the assets of the pension fund related to that part of the pension plan; (“liquidation partielle”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “partial wind up” in subsection 1 (1) of the Act is repealed. (See: 2020, c. 36, Sched. 37, s. 1 (5)) “participating employer”, in relation to a jointly sponsored pension plan or a multi-employer pension plan, means an employer required to make contributions to the pension fund;  (“employeur participant”) “pension” means a pension benefit that is in payment; (“pension”) “pension benefit” means the aggregate monthly, annual or other periodic amounts payable to a member, former member or retired member during his or her lifetime to which he or she will become entitled under the pension plan or to which, upon his or her death, any other person will become entitled; (“prestation de retraite”) “pension committee” means a committee that is the administrator of a pension plan; (“comité de retraite”) “pension fund” means the fund maintained to provide benefits under or related to the pension plan; (“caisse de retraite”) “pension plan” means a plan organized and administered to provide pensions for employees, but does not include, (a)  an employees’ profit sharing plan or a deferred profit sharing plan as defined in sections 144 and 147 of the Income Tax Act (Canada), (a.1)  a pooled registered pension plan registered under the
Pooled Registered Pension Plans Act, 2015, (b)  a plan to provide a retiring allowance as defined in subsection 248 (1) of the Income Tax Act
(Canada), (c)  a plan under which all pension benefits are provided by contributions made by members, or (d)  any other prescribed type of plan; (“régime de retraite”) “prescribed” means, (a)  prescribed by the regulations, or (b)  subject to section 115.2, in respect of matters listed in subsection 115.1 (1), prescribed by the Authority rules; (“prescrit”) “provision for adverse deviations” means, with respect to a pension plan, the provision for adverse deviations as determined in accordance with the regulations; (“provision pour écarts défavorables”) “public sector pension plan” means a pension plan described in subsection (5) and includes such other pension plans as may be prescribed; (“régime de retraite du secteur public”) “qualification date” means, (a)  in respect of Ontario, January 1, 1965, and (b)  in respect of a designated jurisdiction, the date on which, under the pension benefits legislation of that jurisdiction, a pension plan must be registered by the proper authority in that jurisdiction; (“date d’habilitation”) “reciprocal transfer agreement” means an agreement related to two or more pension plans that provides for the transfer of money or credits for employment or both in respect of individual members; (“accord réciproque de transfert”) “reduced solvency deficiency” means, with respect to a pension plan, a reduced solvency deficiency as determined in accordance with the prescribed requirements; (“déficit de solvabilité réduit”) “registered retirement savings arrangement” means a registered retirement savings plan established in accordance with the Income Tax Act (Canada) or a registered retirement income fund established in accordance with that Act; (“arrangement enregistré d’épargne-retraite”) “registration” means registration under this Act; (“enregistrement”) “regulations” means regulations made under this Act; (“règlements”) “retired member” means an individual who satisfies the criteria set out in section 1.1 to be a retired member; (“participant retraité”) “solvency deficiency” means, with respect to a pension plan, a solvency deficiency as determined in accordance with the prescribed requirements; (“déficit de solvabilité”) “solvency liabilities” means, with respect to a pension plan, solvency liabilities as determined in accordance with the regulations; (“passif de solvabilité”) “specified beneficiary” means a spouse of a retired member who is designated as a specified beneficiary for the purposes of subsection 8506 (8) of the Income Tax Regulations (Canada); (“bénéficiaire déterminé”) “spouse” means, except where otherwise indicated in this Act, either of two persons who, (a)  are married to each other, or (b)  are not married to each other and are living together in a conjugal relationship, (i)  continuously for a period of not less than three years, or (ii)  in a relationship of some permanence, if they are the parents of a child as set out in section 4 of the Children’s Law Reform Act; (“conjoint”) “Superintendent” means the former position of Superintendent of Financial Services under the repealed Financial Services Commission of Ontario Act, 1997; (“surintendant”) “surplus” means the excess of the value of the assets of a pension fund related to a pension plan over the value of the liabilities under the pension plan, both calculated in the prescribed manner; (“excédent”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definition: (See: 2020, c. 36, Sched. 37, s. 1 (6)) “target benefit” means a pension benefit or ancillary benefit that is a target benefit as determined under section 39.2; (“prestation cible”) “termination”, in relation to employment, includes retirement and death; (“cessation”) “trade union” has the same meaning as in the Labour Relations Act, 1995; (“syndicat”) “Tribunal” means the Financial Services Tribunal continued under the Financial Services Tribunal Act, 2017; (“Tribunal”) “variable benefit account” means an account under the defined contribution provision of a pension plan that is used, or is to be used, for the payment of variable benefits to a retired member or a specified beneficiary of a retired member; (“compte de prestations variables”) “variable benefits” means variable benefits for the purposes of the Income Tax Act (Canada); (“prestations variables”) “wind up” means the termination of a pension plan and the distribution of the assets of the pension fund; (“liquidation”) “Year’s Maximum Pensionable Earnings” has the same meaning as in the Canada Pension Plan. (“maximum des gains annuels ouvrant droit à pension”)  R.S.O. 1990, c. P.8, s. 1; 1997, c. 28, s. 190; 1999, c. 6, s. 53 (1, 2); 2004, c. 31, Sched. 31, s. 1; 2005, c. 5, s. 56 (1-6); 2005, c. 31, Sched. 18, s. 1 (1); 2007, c. 7, Sched. 31, s. 1 (1); 2009, c. 11, s. 41; 2010, c. 1, Sched. 23, s. 1; 2010, c. 9, s. 1 (1-3, 5-7); 2010, c. 24, s. 1 (4, 6, 7); 2012, c. 8, Sched. 44, s. 1; 2014, c. 7, Sched. 26, s. 1 (1); 2015, c. 9, s. 31 (1); 2016, c. 23, s. 63; 2017, c. 8, Sched. 27, s. 1; 2017, c. 34, Sched. 17, s. 25; 2017, c. 34, Sched. 33, s. 1 (2-4); 2018, c. 8, Sched. 23, s. 1, 23, 26; 2018, c. 17, Sched. 33, s. 1; 2020, c. 36, Sched. 14, s. 12 (1). Jointly sponsored pension plans (2) For the purposes of this Act, a pension plan is a jointly sponsored pension plan if it has the following characteristics: 1.  It provides defined benefits. 2.  The defined benefits are contributory benefits. 3.  Members of the pension plan are required, by virtue of the documents that create and support the plan, to make contributions in respect of any going concern unfunded liability and reduced solvency deficiency of the plan. 4.  The plan satisfies such additional criteria as may be prescribed.  2005, c. 31, Sched. 18, s. 1 (2); 2017, c. 34, Sched. 33, s. 1 (6). Same, reduced funding obligations (2.1) A pension plan that is a jointly sponsored pension plan on August 24, 2010 continues to be a jointly sponsored pension plan after that date even if the documents that create and support the plan are amended so that its members are not required to make contributions in respect of any reduced solvency deficiency of the plan.  2010, c. 24, s. 1 (9); 2017, c. 34, Sched. 33, s. 1 (7). Multi-employer pension plans (3) For the purposes of this Act, a pension plan is a multi-employer pension plan if it is established and maintained for employees of two or more employers who contribute, or on whose behalf contributions are made, to a pension fund by reason of agreement, statute or municipal by-law to provide a pension benefit that is determined by service with one or more of the employers.  2007, c. 7, Sched. 31, s. 1 (2). Exceptions (4) Despite subsection (3), a pension plan is not a multi-employer pension plan for the purposes of this Act, (a)  if all of the employers who contribute, or on whose behalf contributions are made, to the pension fund are affiliates within the meaning of the Business Corporations Act or the Not-for-Profit Corporations Act, 2010; or (b)  if the regulations specify that the pension plan is not a multi-employer pension plan.  2007, c. 7, Sched. 31, s. 1 (2); 2019, c. 7, Sched. 48, s. 1 (1, 2). (4.1)-(4.3) Repealed: 2019, c. 7, Sched. 48, s. 1 (4). Public sector pension plans (5) For the purposes of this Act, a pension plan is a public sector pension plan if it is provided in respect of any of the following employers: 1.  The Crown in right of Ontario. 2.  A Crown agency or a corporation, with or without share capital, that is not a Crown agency but is owned, operated or controlled by the Crown. 3.  Any board, commission, authority or unincorporated body of the Crown. 4.  A district school board as defined in subsection 1 (1) of the Education Act. 5.  A person or entity that is a health service provider for the purposes of the Connecting Care Act, 2019. 6.  A college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002. 7.  A university in Ontario, including its affiliated and federated colleges, that receives operating grants from the Government of Ontario. 8.  A municipality as defined in section 1 of the Municipal Act, 2001. 9.  A children’s aid society that is designated in accordance with the Child, Youth and Family Services Act, 2017. 2014, c. 7, Sched. 26, s. 1 (2); 2017, c. 14, Sched. 4, s. 26; 2019, c. 5, Sched. 3, s. 16. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 190 (1, 2) - 01/07/1998; 1999, c. 6, s. 53 (1, 2) - 01/03/2000 2004, c. 31, Sched. 31, s. 1 (1, 2)
- 16/12/2004 2005, c. 5, s. 56 (1-6) - 13/06/2005;
2005, c. 31, Sched. 18, s. 1 (1, 2)
- 31/12/2004 2007, c. 7, Sched. 31, s. 1 (1, 2)
- 17/05/2007 2009, c. 11, s. 41 (1-3) - 01/01/2012 2010, c. 1, Sched. 23, s. 1 (1-4)
- 01/10/2010; 2010, c. 9, s. 1 (1-3, 5, 7), 2 - 01/07/2012; 2010, c. 9, s. 1 (4) - no effect - see 2020, c. 36, Sched. 37, s. 25 - 08/12/2020;
2010, c. 9, s. 1 (6) - 18/05/2010;
2010, c. 24, s. 1 (1-3, 5, 8) - no effect - see 2020, c. 36, Sched. 37, s. 24 - 08/12/2020; 2010, c. 24, s. 1 (4, 6, 7) - 08/12/2010; 2010, c. 24, s. 1 (9) - 01/06/2011;
2010, c. 24, s. 1 (10) - no effect - see 2019, c. 7, Sched. 48, s. 6 (1, 2) - 29/05/2019 2012, c. 8, Sched. 44, s. 1 - 20/06/2012 2014, c. 7, Sched. 26, s. 1 (1, 2)
- 01/11/2015 2015, c. 9, s. 31 (1) - 8/11/2016 2016, c. 17, s. 96 - no effect - see 2016, c. 37, Sched. 18, s. 5 - 8/12/2016; 2016, c. 23, s. 63
- 1/01/2017 2017, c. 8, Sched. 27, s. 1 - 01/01/2020; 2017, c. 14, Sched. 4, s. 26 - 30/04/2018; 2017, c. 34, Sched. 17, s. 25 - 01/04/2019; 2017, c. 34, Sched. 33, s. 1 (1) - no effect - see 2018, c. 8, Sched. 23, s. 26 - 08/05/2018; 2017, c. 34, Sched. 33, s. 1 (2) - 08/06/2019; 2017, c. 34, Sched. 33, s. 1 (3, 4, 6, 7) - 01/05/2018; 2017, c. 34, Sched. 33, s. 1 (5) - no effect - see 2020, c. 36, Sched. 37, s. 26 - 08/12/2020 2018, c. 8, Sched. 23, s. 1, 23 - 08/06/2019; 2018, c. 8, Sched. 23, s. 26 - 08/05/2018; CTS 04 SE 18 - 3; 2018, c. 17, Sched. 33, s. 1 (1) - 06/12/2018; 2018, c. 17, Sched. 33, s. 1 (2) - 01/01/2020 2019, c. 5, Sched. 3, s. 16 - 01/04/2021; 2019, c. 7, Sched. 48, s. 1 (1, 3) - 31/12/2019; 2019, c. 7, Sched. 48, s. 1 (2, 4) - 19/10/2021 2020, c. 36, Sched. 14, s. 12 (1) - 08/12/2020; 2020, c. 36, Sched. 37, s. 1 (1-6) - not in force Retired members and former members