89 (1) If the Chief Executive Officer intends to refuse to register a pension plan, an amendment to a pension plan or part of an amendment to a pension plan or to revoke such a registration, the Chief Executive Officer shall serve notice of the intended decision, together with written reasons for it, on the applicant or administrator of the plan.  2010, c. 24, s. 42 (1); 2018, c. 8, Sched. 23, s. 23. Notice of intention re various orders (2) If the Chief Executive Officer intends to make or refuse to make any of the following orders, the Chief Executive Officer shall serve notice of the intended decision, together with written reasons for it, on the administrator of the pension plan and on any other person to whom the intended order is to be directed: 1.  An order under subsection 42 (9) or 43 (5) (repayment of money). 1.1  An order under subsection 68 (6) (effective date of a wind up). 2.  An order under subsection 79.2 (15) (return of transferred assets). 3.  An order under section 83 (application of the Guarantee Fund). 4.  An order under subsection 87 (1) (administration of pension plan). 5.  An order under subsection 87 (4) (preparation of a report).  2010, c. 9, s. 77; 2010, c. 24, s. 42 (2, 3); 2018, c. 8, Sched. 23, s. 23. Notice of intention re membership (3) If the Chief Executive Officer intends to make or refuse to make an order requiring an administrator to accept an employee as a member of a class of employees for whom a pension plan is established or maintained, the Chief Executive Officer shall serve notice of the intended decision, together with written reasons for it, on the administrator of the pension plan and the Chief Executive Officer shall serve, or require the administrator to serve, a copy of the notice and written reasons on the employee.  2010, c. 24, s. 42 (4); 2018, c. 8, Sched. 23, s. 23. Notice re reimbursement of overpayment, etc. (3.0.1) If the Chief Executive Officer intends to consent or refuse to consent under subsection 62.1 (5) to a payment from the pension fund to the employer, the Chief Executive Officer shall serve notice of the intended decision, together with written reasons for it, on the applicant and the Chief Executive Officer may require the applicant to transmit a copy of the notice and written reasons to such other persons or classes of persons or both as the Chief Executive Officer specifies in the notice to the applicant.  2010, c. 24, s. 42 (5); 2018, c. 8, Sched. 23, s. 23. Notice re payment of surplus (3.1) If an application is filed in accordance with subsection 78 (2) for the payment of surplus to the employer and the Chief Executive Officer intends to consent or refuse to consent under subsection 78 (1), the Chief Executive Officer shall serve notice of the intended decision, together with written reasons for it, on the applicant and on any person who made written representations to the Chief Executive Officer in accordance with subsection 78 (3).  2010, c. 24, s. 42 (6); 2018, c. 8, Sched. 23, s. 23. (3.2) Repealed:  2010, c. 24, s. 42 (7). Notice re terms and conditions of approval or consent (4) If the Chief Executive Officer intends to refuse to give an approval or consent or intends to attach terms and conditions to an approval or consent under this Act or the regulations, other than a consent referred to in subsection (3.0.1) or (3.1), the Chief Executive Officer shall serve notice of the intended decision, together with written reasons for it, on the applicant for the approval or consent.  2010, c. 24, s. 42 (8); 2018, c. 8, Sched. 23, s. 23. Notice re wind up order (5) If the Chief Executive Officer intends to make an order requiring the wind up of a pension plan or declaring a pension plan wound up, the Chief Executive Officer shall serve notice of the intended decision, together with written reasons for it, on the administrator and the employer, and the Chief Executive Officer may require the administrator to transmit a copy of the notice and written reasons to such other persons or classes of persons or both as the Chief Executive Officer specifies in the notice to the administrator.  2010, c. 24, s. 42 (9); 2018, c. 8, Sched. 23, s. 23. Notice requiring hearing (6) A notice under subsection (1), (2), (3), (3.0.1), (3.1), (4) or (5) shall state that the person on whom the notice is served is entitled to a hearing by the Tribunal if the person delivers to the Tribunal, within thirty days after service of the notice under that subsection, notice in writing requiring a hearing, and the person may so require such a hearing.  R.S.O. 1990, c. P.8, s. 89 (6); 1997, c. 28, s. 208 (6); 2010, c. 24, s. 42 (10). Power of Chief Executive Officer (7) Where the person on whom the notice is served does not require a hearing in accordance with subsection (6), the Chief Executive Officer may make the intended decision indicated in the notice.  R.S.O. 1990, c. P.8, s. 89 (7); 2010, c. 24, s. 42 (11); 2018, c. 8, Sched. 23, s. 23. Hearing (8) Where the person requires a hearing by the Tribunal in accordance with subsection (6), the Tribunal shall appoint a time for and hold the hearing.  R.S.O. 1990, c. P.8, s. 89 (8); 1997, c. 28, s. 208 (7). Power of Tribunal (9) At or after the hearing, the Tribunal by order may direct the Chief Executive Officer to make or refrain from making the intended decision indicated in the notice and to take such action as the Tribunal considers the Chief Executive Officer ought to take in accordance with this Act, the regulations and the Authority rules, and for such purposes, the Tribunal may substitute its opinion for that of the Chief Executive Officer.  R.S.O. 1990, c. P.8, s. 89 (9); 1997, c. 28, s. 208 (7); 2010, c. 24, s. 42 (12); 2017, c. 34, Sched. 33, s. 37; 2018, c. 8, Sched. 23, s. 23. (10) Repealed:  1997, c. 28, s. 208 (8). Parties (11) The Chief Executive Officer, the person who requires a hearing and such other persons as the Tribunal specifies are parties to the proceeding before the Tribunal under this section.  R.S.O. 1990, c. P.8, s. 89 (11); 1997, c. 28, s. 208 (9); 2018, c. 8, Sched. 23, s. 23. (12), (13) Repealed:  1997, c. 28, s. 208 (10). Release of documentary evidence (14) Documents and things put in evidence at a hearing shall, upon the request of the person who produced them, be released to the person within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. P.8, s. 89 (14). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 208 (1-10) - 01/07/1998 2010, c. 9, s. 77 (1) - 18/05/2010;
2010, c. 9, s. 77 (2) - 01/01/2014;
2010, c. 9, s. 77 (3) - 01/07/2017;
2010, c. 24, s. 42 (1-12)
- 08/12/2010 2015, c. 20, Sched. 34, s. 8 - no effect - see 2017, c. 8, Sched. 27, s. 20 2017, c. 34, Sched. 33, s. 37 - 08/06/2019 2018, c. 8, Sched. 23, s. 23 - 08/06/2019; CTS 04 SE 18 - 3 90 Repealed:  1997, c. 28, s. 209. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 209 - 01/07/1998