hordruma/ontario_laws_and_regs huggingface dataset:
PART I INTERPRETATION
 1.3 (1) For the purposes of this Part, the solvency liability adjustment in relation to a report is zero unless either of the circumstances described in subsection (2) exist.  O. Reg. 413/07, s. 2. (2) The solvency liability adjustment in relation to a report is the amount calculated under subsection (3) if either of the following circumstances exist: 1.  The solvency valuation includes a determination of a solvency asset adjustment, and that solvency asset adjustment includes an amount described in clause 1.2 (1) (a). 2.  The solvency valuation includes a determination of a solvency asset adjustment, and that solvency asset adjustment includes an amount defined as “A” in subsection 1.2 (2).  O. Reg. 413/07, s. 2. (3) In the circumstances described in subsection (2), the solvency liability adjustment is the amount, positive or negative, by which the value of the solvency liabilities is adjusted as a result of using a solvency valuation interest rate that is the average of market interest rates calculated over the same period of time as the one used in the determination of the amount referred to in paragraph 1 or 2 of subsection (2), whichever applies.  O. Reg. 413/07, s. 2.
PART I INTERPRETATION
 1.3.1 (1) For the purposes of this Part, the solvency deficiency, in relation to a report, of a pension plan that provides defined benefits is the amount determined in accordance with this section.  O. Reg. 177/11, s. 2. (2) The amount of the solvency deficiency of a pension plan, as of a particular valuation date, is the amount by which “A” exceeds “B” where, “A”  is the sum of the solvency liabilities, the solvency liability adjustment and the prior year credit balance as of the valuation date, and “B”  is the sum of the solvency assets and the solvency asset adjustment as of the valuation date.  O. Reg. 177/11, s. 2; O. Reg. 250/18, s. 1. (3) Despite subsection (2), a report for any of the following pension plans may specify that the solvency deficiency as of a valuation date that falls on or after December 31, 2010 is a stated amount which is less than the solvency deficiency calculated under subsection (2) but not less than zero: 1.  Pension Plan for the Employees of the Ontario Public Service Employees Union, registered under the Act as number 339861. 2.  Ontario Teachers’ Pension Plan, registered under the Act as number 345785. 3.  OMERS Primary Pension Plan, registered under the Act as number 345983. 4.  Healthcare of Ontario Pension Plan, registered under the Act as number 346007. 5.  Colleges of Applied Arts and Technology Pension Plan, registered under the Act as number 589895. 6.  Ontario Public Service Employees’ Union Pension Plan, registered under the Act as number 1012046. 7.  Toronto Transit Commission Pension Fund Society, registered under the Act as number 317586. 8.  OMERS Supplemental Pension Plan for Police, Firefighters and Paramedics, registered under the Act as number 1175892. 9.  Workplace Safety and Insurance Board Employees’ Pension Plan, registered under the Act as number 0579839. 10.  University Pension Plan Ontario, registered under the Act as number 1357243. O. Reg. 177/11, s. 2; O. Reg. 336/11, s. 1; O. Reg. 250/18, s. 5; O. Reg. 285/20, s. 1; O. Reg. 670/20, s. 1. (4) If a pension plan listed in subsection (3) ceases to be a jointly sponsored pension plan, subsection (3) does not apply to any solvency deficiency of the pension plan as of a valuation date that falls on or after the date on which the pension plan ceased to be a jointly sponsored pension plan.  O. Reg. 177/11, s. 2.
PART I INTERPRETATION
 1.3.2 (1) For the purposes of this Part, the reduced solvency deficiency, in relation to a report, of a pension plan that provides defined benefits is the amount determined in accordance with this section. O. Reg. 250/18, s. 6. (2) The amount of the reduced solvency deficiency of a pension plan, as of a particular valuation date, is the amount by which “A” exceeds “B” where, “A”  is the sum of, (a)  85 per cent of the pension plan’s solvency liabilities, (b)  85 per cent of the pension plan’s solvency liability adjustment, and (c)  the pension plan’s prior year credit balance as of the valuation date; and “B”  is the sum of the pension plan’s solvency assets and the solvency asset adjustment as of the valuation date. O. Reg. 250/18, s. 6. Designated Jurisdictions and Agreements with Designated Jurisdictions
PART I INTERPRETATION
 1.4 (1) For the purposes of the definition of “designated jurisdiction” in subsection 1 (1) of the Act, each of the following jurisdictions in Canada is prescribed as a jurisdiction in which there is in force legislation substantially similar to the Act: 1.  Canada. 2.  The provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Quebec and Saskatchewan.  O. Reg. 342/10, s. 1. (2) The status of Canada as a designated jurisdiction applies in respect of “included employment” as defined in subsection 2 (1) of the Pension Benefits Standards Act, 1985 (Canada) but not in respect of any other employment in Canada.  O. Reg. 342/10, s. 1. 1.5 revoked: O. Reg. 50/23, s. 1. Registration and Amendments
PART I INTERPRETATION
 3. (1) Where an amendment to a pension plan reduces or increases contributions or creates or changes a going concern unfunded liability or solvency deficiency, the administrator shall file a report containing, (a)  the plan’s going concern funded ratio on the date the amendment is effective; (b)  a description of the lump sum benefit improvement contribution, if any; and (c)  any of the information required in a report under section 14 that might be affected by the amendment. O. Reg. 250/18, s. 7; O. Reg. 105/19, s. 3. (1.0.1) Subsection (1) does not apply with respect to an amendment made to confer a benefit improvement that is required by law.  O. Reg. 178/12, s. 2. (1.1) Subsection (1) does not apply with respect to a pension plan where all the pension benefits provided under the plan are defined contribution benefits.  O. Reg. 144/00, s. 3. (1.1.1) Subsection (1) does not apply with respect to an amendment that relates to a conversion and transfer of assets under section 80.4 of the Act or to a conversion under section 81.0.1 of the Act. O. Reg. 312/15, s. 1. (1.1.2) Despite clause (1) (c), a report under this section is not required to include the information required under subclauses 14 (8.0.4) (h) (ii) to (viii). O. Reg. 529/21, s. 1. (1.2) A jointly sponsored pension plan listed in subsection 1.3.1 (3) must file a report under subsection (1) if an amendment to the pension plan changes the amount of the solvency deficiency that would be calculated under subsection 1.3.1 (2) for the pension plan.  O. Reg. 177/11, s. 3. (2) The administrator shall file the report required under subsection (1) within six months following the date the amendment is required to be submitted for registration.  R.R.O. 1990, Reg. 909, s. 3 (2). (2.1) Revoked: O. Reg. 287/20, s. 1 (2). (3) An administrator who is required by the Chief Executive Officer to give notice of a proposed amendment under subsection 26 (1) of the Act shall certify in writing to the Chief Executive Officer, within thirty days after the date on which the last of the notices was transmitted, details as to the classes of persons who received notice, the date the last notice was distributed and that notice was provided as required.  R.R.O. 1990, Reg. 909, s. 3 (3); O. Reg. 149/19, s. 1. (4) The administrator shall file the explanation required to be provided under subsection 26 (3) of the Act within six months after registration of the amendment.  R.R.O. 1990, Reg. 909, s. 3 (4).
PART I INTERPRETATION
 3.0.1 (1) For the purposes of clause 14.0.1 (1) (b) of the Act,  (a)  the prescribed level of the solvency ratio is 80 per cent; and (b)  the prescribed level of the going concern funded ratio is 80 per cent. O. Reg. 250/18, s. 8. (2) Despite subsection (1), in the case of an amendment to a pension plan in respect of which a lump sum benefit improvement contribution is made to the pension fund that is at least equal to the greater of the increase in going concern liabilities and the increase in solvency liabilities resulting from the amendment, for the purposes of clause 14.0.1 (1) (b) of the Act, (a)  the prescribed level of the solvency ratio is the level that is equal to the plan’s solvency ratio if no such amendment were made; and (b)  the prescribed level of the going concern funded ratio is the level that is equal to the plan’s going concern funded ratio if no such amendment were made. O. Reg. 250/18, s. 8; O. Reg. 105/19, s. 4 (1). (3) Revoked: O. Reg. 105/19, s. 4 (2). (4) Subsections (1) and (2) do not apply to an amendment to a pension plan if, (a)  the amendment is filed before May 1, 2018; or (b)  the amendment implements a benefit improvement agreed to in a collective agreement before May 1, 2018 if the collective agreement is in place immediately before that date. O. Reg. 250/18, s. 8. (5) Section 14.0.1 of the Act does not apply to a jointly sponsored pension plan listed in subsection 1.3.1 (3). O. Reg. 105/19, s. 4 (3). Jointly Sponsored Pension Plans
PART I INTERPRETATION
 3.1 (1) For the purposes of paragraph 4 of subsection 1 (2) of the Act, a pension plan must, by virtue of the documents that create and support the plan, satisfy the following additional criteria in order to be a jointly sponsored pension plan:  1.  The total amount of contributions payable by members of the pension plan in respect of a year, excluding any additional voluntary contributions and voluntary contributions for past service as described in subsection 39 (5) of the Act, cannot exceed the total amount of contributions payable to the pension plan in respect of the year by the employer or by the person or entity required to make contributions on behalf of the employer, as the case may be. 2.  The pension plan does not permit a reduction in the amount of or the commuted value of a pension benefit, a pension, a deferred pension or an ancillary benefit in the circumstances described in subsection 14 (2) or (3) of the Act, except in the circumstances of a wind up. 3.  The employers or any persons or entities who make contributions on behalf of the employers or represent the employers and the members of the pension plan or any representatives of the members are jointly responsible for making all decisions about the terms and conditions of the pension plan and any amendments to the pension plan. 4.  The employers or any persons or entities who make contributions on behalf of the employers or represent the employers and the members of the pension plan or any representatives of the members are jointly responsible for making all decisions regarding, i.  the appointment of the administrator of the plan, or ii.  the appointment or selection of persons as members of any body or entity referred to in clause 8 (1) (b), (c), (e), (f) or (h) of the Act that is the administrator of the plan. 5.  The level of a member’s pension benefits, other than ancillary benefits, and the amount of a member’s contributions are directly related to the member’s pensionable earnings.  O. Reg. 116/06, s. 3. (2) The documents that create and support a jointly sponsored pension plan must set out the methods by which the decisions referred to in paragraphs 3 and 4 of subsection (1) are to be made.  O. Reg. 116/06, s. 3.
PART I INTERPRETATION
 3.2 (1) The administrator of a jointly sponsored pension plan shall file a statement that certifies that the pension plan satisfies the criteria to be a jointly sponsored pension plan, certifies the date on which it became such a pension plan, and describes how the pension plan satisfies the criteria to be a jointly sponsored pension plan.  O. Reg. 177/11, s. 4. (2) The statement must be filed no later than the date on which the first report under section 3, 13 or 14 is filed or submitted after the pension plan becomes a jointly sponsored pension plan.  O. Reg. 177/11, s. 4. (3) Despite subsection (2), if the pension plan is a jointly sponsored pension plan on June 1, 2011, the statement must be filed no later than the date on which the first report under section 3, 13 or 14 is filed or submitted after June 1, 2011.  O. Reg. 177/11, s. 4. Funding of Pension Plans
PART I INTERPRETATION
 5.1 (1) For the purposes of applying sections 5.2 to 5.5 and Schedule 4, special payments described in clause 5 (1) (e) or clause 5 (1.0.0.1) (g) to which a letter of credit relates are deemed to be special payments described in clause 5 (1.0.0.1) (f). O. Reg. 105/19, s. 7 (1); O. Reg. 533/21, s. 5 (1). (2) For the purposes of applying section 55.2 of the Act, a letter of credit in respect of a solvency deficiency is deemed to be in respect of a reduced solvency deficiency. O. Reg. 105/19, s. 7 (1); O. Reg. 533/21, s. 5 (2). Note: On May 1, 2029, section 5.1 of the Regulation is revoked. (See: O. Reg. 105/19, s. 7 (2))
PART I INTERPRETATION
 5.2.1 (1) Section 55.2 of the Act applies with respect to all employers who are required to make payments into a pension plan that provides defined benefits, except as otherwise specified by subsections 55.2 (11) and (12) of the Act and by subsection (2). O. Reg. 364/12, s. 4. (1.1) Section 55.2 of the Act applies with respect to the following public sector pension plans: 1.  City of Ottawa Superannuation Plan, registered under the Act as number 0336701. 2.  The Corporation of the City of York Employee Pension Plan, registered under the Act as number 0320622. 3.  Metropolitan Toronto Pension Plan, registered under the Act as number 0351577. 4.  Metropolitan Toronto Police Benefit Fund, registered under the Act as number 0351585. 4.1  Pension Plan for Employees of Kitchener-Waterloo Hospital, registered under the Act as number 0266841. 5.  The Toronto Civic Employees’ Pension and Benefit Fund, registered under the Act as number 0351593. 6.  Toronto Fire Department Superannuation and Benefit Fund, registered under the Act as number 0351601. 7.  Retirement Plan for Employees of Youth Services Bureau of Ottawa, registered under the Act as number 0362558. 8.  Pension Plan for Professional Staff of University of Guelph, registered under the Act as number 0324616. 9.  Retirement Plan of University of Guelph, registered under the Act as number 0324624. 10.  The Contributory Pension Plan for TUFA Employees of Trent University, registered under the Act as number 1048826. 11.  The Contributory Pension Plan for Employees of Trent University Represented by OPSEU Local 365 and Exempt Administrative Staff of Trent University, registered under the Act as number 0310409. O. Reg. 119/14, s. 2; O. Reg. 37/15, s. 1; O. Reg. 47/17, s. 1; O. Reg. 231/20, s. 1. (2) Section 55.2 of the Act does not apply with respect to any of the following pension plans: 1.  Revoked: O. Reg. 149/19, s. 2. 2.  The Essar Steel Algoma Inc. Pension Plan for Hourly Employees registered under the Act as number 1079904. 2.1  The Essar Steel Algoma Inc. Pension Plan for Salaried Employees registered under the Act as number 1079896. 2.2  The Essar Steel Algoma Inc. Wrap Pension Plan registered under the Act as number 1079888. 3.  The Hourly Plan and the Salaried Plan within the meaning of Ontario Regulation 321/09 (General Motors Pension Plans) made under the Act. 4.  Revoked: O. Reg. 105/19, s. 8. O. Reg. 364/12, s. 4; O. Reg. 328/13, s. 1; O. Reg. 106/14, s. 1; O. Reg. 37/15, s. 1; O. Reg. 486/18, s. 1; O. Reg. 105/19, s. 8; O. Reg. 149/19, s. 2.
PART I INTERPRETATION
 5.3.1 The following rules apply with respect to the determination of the amount of the solvency liabilities of a pension plan for the purposes of subsection 55.2 (4) of the Act: 1.  The amount of the solvency liabilities must be determined as of the valuation date of the report filed most recently under section 3, 4, 13 or 14. 2.  The amount of the solvency liabilities must exclude the liabilities described in clauses (a) to (h) of the definition of “solvency liabilities” in subsection 1 (2). O. Reg. 364/12, s. 4.
PART I INTERPRETATION
 5.4 (1) If a letter of credit relates to special payments described in clause 5 (1.0.0.1) (f), the letter of credit must be provided under subsection 55.2 (6) of the Act to the trustee at least 15 days before the first instalment of the special payments to which the letter of credit relates is due. O. Reg. 364/12, s. 4; O. Reg. 105/19, s. 9. (2) If a letter of credit relates to a payment required by subsection 12 (2), the letter of credit must be provided under subsection 55.2 (6) of the Act to the trustee at least 15 days before the payment is due. O. Reg. 364/12, s. 4. (3) If a letter of credit is being amended, the amended letter of credit must be provided under subsection 55.2 (6) of the Act to the trustee at least 15 days before any amendment takes effect. O. Reg. 364/12, s. 4. (4) If a letter of credit is being renewed, notice of the renewal must be provided under subsection 55.2 (6) of the Act to the trustee at least 15 days before the date on which the letter of credit would have expired. O. Reg. 364/12, s. 4. (5) If a letter of credit is being replaced by another letter of credit, the replacement letter of credit must be provided under subsection 55.2 (6) of the Act to the trustee at least 15 days before the original letter of credit expires. O. Reg. 364/12, s. 4. (6) Within five days after receiving a copy of the letter of credit, the amended letter of credit, the replacement letter of credit or the notice of the renewal of the letter of credit, the administrator shall give the Chief Executive Officer the notice required by subsection 55.2 (7) of the Act by filing the following documents: 1.  A certified copy of the letter of credit, the amended letter of credit, the replacement letter of credit or the notice of the renewal. 2.  A certificate indicating whether the letter of credit satisfies the requirements of the Act and regulations and the requirements of the Income Tax Act (Canada). O. Reg. 364/12, s. 4; O. Reg. 149/19, s. 1.
PART I INTERPRETATION
 5.5 (1) The trustee who holds a letter of credit in trust for a pension plan is required by subsection 55.2 (9) of the Act to demand payment of the amount of the letter of credit into the pension fund by the issuer if any of the following circumstances exist: 1.  If the letter of credit does not satisfy the requirements of the Act and regulations or the requirements of the Income Tax Act (Canada). 2.  If the administrator of the pension plan gives written notice to the trustee that the employer intends to wind up the pension plan under subsection 68 (1) of the Act. 3.  If the Chief Executive Officer issues an order under subsection 69 (1) of the Act requiring the wind up of the pension plan. 4.  If the employer is subject to bankruptcy proceedings under the Bankruptcy and Insolvency Act (Canada). 5.  If an application or petition has been filed under the Winding-up and Restructuring Act (Canada) by the employer or against the employer. 6.  If, under the terms of an agreement under section 100 of the Act between the Crown and a designated jurisdiction whose pension benefits legislation applies to the pension plan, the trustee is otherwise required to demand payment of the amount of the letter of credit. 7.  If, under the terms of the trust agreement related to the letter of credit, the trustee is otherwise required to demand payment of the amount of the letter credit. O. Reg. 364/12, s. 4; O. Reg. 149/19, s. 1. (2) If the issuer does not pay the amount of the letter of credit upon receiving the trustee’s demand, (a)  the employer must immediately pay that amount into the pension fund; and (b)  the employer must give written notice to the Chief Executive Officer that the issuer has not paid the amount of the letter of credit. O. Reg. 364/12, s. 4; O. Reg. 149/19, s. 1. 5.5.1-5.10 Revoked: O. Reg. 533/21, s. 6. Payments
PART I INTERPRETATION
 6.0.1 (1) A multi-employer pension plan is a specified Ontario multi-employer pension plan, (a)  if the administrator files an election with the Chief Executive Officer in accordance with section 6.0.3 declaring the plan to be a specified Ontario multi-employer pension plan; and (b)  if the plan is eligible to be a specified Ontario multi-employer pension plan under either subsection 6.0.2 (1) or (1.1) when the election is filed.  O. Reg. 489/07, s. 2; O. Reg. 149/19, s. 1; O. Reg. 400/19, s. 1 (1, 2). (2) A plan ceases to be a specified Ontario multi-employer pension plan on the earliest of the following dates: 1.  The date on which the first report is filed under section 3 or 14 in respect of the plan for a valuation date after the earlier of the following dates: i.  The first anniversary of the date on which section 81.0.2 of the Act comes into force. ii.  January 1, 2024. Note: On January 1, 2024, paragraph 1 of subsection 6.0.1 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 321/23, s. 1) 1.  The date on which the first report is filed under section 3 or 14 in respect of the plan for a valuation date after January 1, 2025. 2.  The date, if any, on which the first report is filed under section 3 or 14 in respect of the plan for a valuation date after the administrator rescinds the election in accordance with section 6.0.3. 3.  The date, if any, on which the plan is amended so that, i.  in the case of a plan that was eligible under subsection 6.0.2 (1), one or more of the eligibility criteria described in paragraphs 4, 5, 6 or 7 of that subsection are no longer satisfied, or ii.  in the case of a plan that was eligible under subsection 6.0.2 (1.1), one or both of the eligibility criteria described in paragraph 6 or 7 of subsection 6.0.2 (1) are no longer satisfied or the circumstance described in clause 6.0.2 (1.1) (b) no longer applies with respect to the plan.  O. Reg. 489/07, s. 2; O. Reg. 447/09, s. 1; O. Reg. 203/12, s. 1; O. Reg. 225/17, s. 7; O. Reg. 192/18, s. 1; O. Reg. 400/19, s. 1 (3, 4).