PART I INTERPRETATION
 7. (1) If a report discloses an actuarial gain under the plan, the actuarial gain shall be applied firstly to reduce any going concern unfunded liability.  O. Reg. 116/06, s. 9 (1). (1.1) Subsection (1) does not apply to a report with a valuation date on or after December 31, 2017, unless the report is in respect of a jointly sponsored pension plan listed in subsection 1.3.1 (3). O. Reg. 250/18, s. 19 (1). (2) The going concern unfunded liability that is reduced under subsection (1) may be reamortized over the remainder of the original amortization period for the liability or over a shorter period.  O. Reg. 712/92, s. 6. (3) In any year for which no special payments are required under section 5 and during which no special payments are deferred under subsection 5 (1.0.1), an actuarial gain may be applied to reduce contributions for normal cost required to be made by the employer, by a person or entity required to make contributions on behalf of the employer, by the members of the pension plan or by any of them. O. Reg. 329/12, s. 10 (1); O. Reg. 250/18, s. 19 (2). (3.1) Despite subsection (3), for a plan that provides defined benefits, other than designated plans or individual pension plans, for a fiscal year of the plan ending after June 29, 2017 and before January 1, 2020, an actuarial gain shall not be used to reduce contributions for the normal cost required to be made by an employer, by a person or entity required to make contributions on behalf of the employer, by members or by any of them for the year unless, (a)  the administrator files with the Chief Executive Officer within the first 90 days of the fiscal year an actuarial cost certificate for the fiscal year; and (b)  the amount applied to reduce the contributions for the year does not exceed the maximum amount determined under subsection (3.2).  O. Reg. 239/09, s. 5; O. Reg. 178/12, s. 10; O. Reg. 161/16, s. 10 (1); O. Reg. 250/18, s. 19 (3); O. Reg. 149/19, s. 1. (3.1.1) Subsections (3) and (3.1) do not apply in respect of a report that discloses an actuarial gain under the plan if the valuation date of the report is on or after December 31, 2017 and the report is filed or submitted on or after May 1, 2018, unless the report is in respect of a jointly sponsored pension plan listed in subsection 1.3.1 (3). O. Reg. 105/19, s. 12 (1). (3.2) For the purposes of clause (3.1) (b), the maximum amount of any actuarial gain identified in the last report filed under section 3 or 14 that may be applied to reduce contributions for the normal cost for a fiscal year of the plan ending after June 29, 2017 and before January 1, 2020 is the lesser of, (a)  the amount, if any, by which the going concern assets reported in the actuarial cost certificate filed for the fiscal year exceed the sum of the estimated going concern liabilities and the prior year credit balance as reported in the certificate; and (b)  the amount, if any, by which the solvency assets reported in the certificate exceed the sum of the estimated solvency liabilities and the prior year credit balance as reported in the certificate.  O. Reg. 239/09, s. 5; O. Reg. 161/16, s. 10 (2); O. Reg. 250/18, s. 1. (4) Revoked: O. Reg. 105/19, s. 12 (2). (5) Subject to subsection (6), in any fiscal year for which no special payments are required under section 5 and during which no special payments are deferred under subsection 5 (1.0.1), any actuarial gain not applied under subsection (1) or (3) may be applied to pay the annual assessment to the Guarantee Fund otherwise required by subsection 37 (1) to be paid by the employer. O. Reg. 105/19, s. 12 (1). (6) Subsection (5) applies only in respect of a fiscal year covered by, (a)  a report with a valuation date before December 31, 2017; or (b)  a report that is filed or submitted before May 1, 2018. O. Reg. 105/19, s. 12 (1).