hordruma/ontario_laws_and_regs huggingface dataset:
PART I INTERPRETATION
 29.2 (1) This section applies if either of the following circumstances exist: 1.  An employer has transferred assets under section 80.4 of the Act from a single employer pension plan to a jointly sponsored pension plan that is subsequently wound up and the assets of the jointly sponsored pension plan are not sufficient to pay all pensions, deferred pensions or ancillary benefits under the pension plan to any individual who was, on the effective date of the transfer of assets, a member, former member, retired member or other person entitled to benefits under the single employer pension plan. 2.  An employer has converted a single employer pension plan under section 81.0.1 of the Act into a jointly sponsored pension plan that is subsequently wound up and the assets of the jointly sponsored pension plan are not sufficient to pay all pensions, deferred pensions or ancillary benefits under the pension plan to any individual who was, on the effective date of the conversion, a member, former member, retired member or other person entitled to benefits under the single employer pension plan. O. Reg. 312/15, s. 2. (2) The employer of the single employer pension plan shall pay an amount into the jointly sponsored pension plan in respect of each individual described in subsection (1) equal to the amount calculated using the formula, A × (1 – B) in which, “A”  is the amount calculated as of the date of the jointly sponsored pension plan’s wind up that is equal to the Ontario wind up liability of the pension benefits, pensions, deferred pensions and ancillary benefits of the individual that accrued under the jointly sponsored pension plan as a result of the transfer of assets under section 80.4 of the Act or of the conversion under section 81.0.1 of the Act and as of the effective date of the transfer of assets or of the conversion. “B”  is the wind up funded ratio of the jointly sponsored pension plan as of the date of its wind up. O. Reg. 312/15, s. 2. (3) Any amount paid into the jointly sponsored pension plan by an employer under subsection (2) in respect of an individual shall be applied by the administrator of the jointly sponsored pension plan to offset the reduction in the individual’s pension, deferred pension or ancillary benefits under subsection 29 (9). O. Reg. 312/15, s. 2. (4) If an employer does not pay all of the amounts required under subsection (2) because the employer became bankrupt within the meaning of the Bankruptcy and Insolvency Act (Canada), any amounts paid by the employer under that subsection shall be applied by the administrator of the pension plan to offset the reduction in the pensions, deferred pensions and ancillary benefits of all of the individuals described in subsection (1) on a basis proportionate to the amounts that would have been paid by the employer into the pension plan for each individual if the employer had not become bankrupt. O. Reg. 312/15, s. 2.
PART I INTERPRETATION
 30.1 (1) For the purposes of paragraph 3 of subsection 74 (1) of the Act, the following circumstances constitute activating events: 1.  An employee resigns before the termination date specified in a written notice of termination of employment given to him or her.  However, this is not an activating event if subsection 74 (1.1) of the Act applies with respect to the termination.  O. Reg. 178/12, s. 31. (2) For the purposes of subsection 74 (1.1) of the Act, termination of employment is not an activating event in any of the following circumstances: 1.  The employee is a construction employee within the meaning of Ontario Regulation 285/01 (When Work Deemed to be Performed, Exemptions and Special Rules) made under the Employment Standards Act, 2000. 2.  The employee is only on temporary lay-off within the meaning of subsection 56 (2) of the Employment Standards Act, 2000.  O. Reg. 178/12, s. 31; O. Reg. 536/17, s. 1.
PART I INTERPRETATION
 31. (1) The liability to be funded under section 75 of the Act shall be funded by annual special payments commencing at the effective date of the wind up and made by the employer to the pension fund.  O. Reg. 712/92, s. 19. (2) The special payments under subsection (1) for each year shall be at least equal to the greater of, (a)  the amount required in the year to fund the employer’s liabilities under section 75 of the Act in equal payments, payable annually in advance, over not more than five years; and (b)  the minimum special payments required for the year in which the plan is wound up, as determined in the reports filed or submitted under sections 3, 4, 13 and 14, multiplied by the ratio of the basic Ontario liabilities of the plan to the total of the liabilities and increased liabilities of the plan as determined under clauses 30 (2) (b) and (c).  O. Reg. 712/92, s. 19; O. Reg. 178/12, s. 32 (2). (3) The special payments referred to in subsections (1) and (2) shall continue until the liability is funded.  O. Reg. 712/92, s. 19. (4), (5) Revoked: O. Reg. 178/12, s. 32 (3).
PART I INTERPRETATION
 31.1 (1) Any liability to be funded under clause 75.1 (1) (b) or (2) (b) of the Act shall be funded by equal monthly instalments for five years or less or by payments determined in accordance with a schedule of payments.  O. Reg. 116/06, s. 17. (2) The instalments or payments required under subsection (1) shall be made to the pension fund by the employer or, if another person or entity is required to make payments on behalf of the employer, that person or entity and, if applicable, by the members of the pension plan, commencing on the effective date of the wind up.  O. Reg. 116/06, s. 17. (3) The schedule of payments referred to in subsection (1) shall be determined as follows: 1.  The present value of the scheduled payments at the effective date of the wind up is equal to the liability to be funded. 2.  The amortization period for the scheduled payments shall end not later than five years after the effective date of the wind up. 3.  The present value of the scheduled payments is determined using the interest rates used in the wind up report.  O. Reg. 116/06, s. 17.
PART I INTERPRETATION
 32. (1) Until the employer’s liability under section 75 of the Act is funded, the administrator of the plan shall annually cause the plan to be reviewed and a report to be prepared by a person authorized by section 15 and shall file the report within six months after the valuation date of the report.  R.R.O. 1990, Reg. 909, s. 32 (1); O. Reg. 712/92, s. 20 (1). (1.1) Revoked: O. Reg. 287/20, s. 9 (2). (2) A report required under subsection (1) shall show, (a)  the gain or the loss in the pension plan since the valuation date of the immediately preceding report as a result of differences between the actual experience and the experience anticipated by the assumptions made in the previous report; and (b)  the increase or decrease in the remaining special payments that will liquidate the gain or loss referred to in clause (a) over the remainder of the five-year period commencing from the effective date of the wind up.  R.R.O. 1990, Reg. 909, s. 32 (2); O. Reg. 712/92, s. 20 (2). (3) Any special payments required as a result of a loss referred to in clause (2) (a) shall be included as payments required to be made by the employer under section 75 of the Act.  R.R.O. 1990, Reg. 909, s. 32 (3). (4) If a report required under subsection (1) shows that there is no further amount to be funded, any money remaining in the pension fund may be paid to the employer in accordance with section 62.1 of the Act as if that money was an overpayment into the pension fund by the employer within the meaning of clause 62.1 (1) (b) of the Act.  O. Reg. 178/12, s. 33.
PART I INTERPRETATION
 32.1 (1) Until any liability under section 75.1 of the Act is funded, the administrator of a jointly sponsored pension plan shall annually cause the plan to be reviewed and a report to be prepared by a person authorized by section 15 and shall file the report within six months after the valuation date of the report.  O. Reg. 116/06, s. 18. (2) A report required under subsection (1) shall show, (a)  the gain or the loss in the pension plan since the valuation date of the immediately preceding report as a result of differences between the actual experience and the experience anticipated by the assumptions made in the previous report; and (b)  the increase or decrease in the remaining special payments that will liquidate the gain or loss referred to in clause (a) over the remainder of the five-year period commencing from the effective date of the wind up.  O. Reg. 116/06, s. 18. (3) Any special payments required as a result of a loss referred to in clause (2) (a) shall be included as payments required to be made according to section 75.1 of the Act.  O. Reg. 116/06, s. 18. (4) Where a report made under this section shows that there is no further amount to be funded, any surplus shall be dealt with according to the terms and conditions of the pension plan.  O. Reg. 116/06, s. 18. Pension Benefits Guarantee Fund and Benefits on Wind up
PART I INTERPRETATION
 33. Where an order is made under subsection 83 (1) of the Act with respect to a pension plan that has been terminated or wound up and the employer is in the process of making the funding payments required under section 75 of the Act, the wind up funded ratio and the liability for benefits guaranteed by the Guarantee Fund shall be recalculated as of the date referred to in the order.  R.R.O. 1990, Reg. 909, s. 33; O. Reg. 307/98, s. 14.
PART I INTERPRETATION
 34.1 (1) This section applies if the Guarantee Fund applies to a pension plan with a wind up date before December 8, 2010.  O. Reg. 466/11, s. 3. (2) If, when the order is made declaring that the Guarantee Fund applies to the pension plan, the plan’s Ontario assets are less than its Ontario wind up liability, (a)  the administrator of the plan shall provide benefits under the plan in accordance with section 34 of this Regulation as it read on December 31, 2011; and (b)  on application by the administrator, the Chief Executive Officer shall allocate from the Guarantee Fund and pay to the plan sufficient money to provide, together with the Ontario assets, for those benefits.  O. Reg. 466/11, s. 3; O. Reg. 149/19, s. 1.
PART I INTERPRETATION
 35. (1) A wind up report in respect of a defined benefit pension plan that is wound up in part shall, where the assets allocated to the wind up are not sufficient to pay all pension benefits and the benefits included in the wind up, be prepared in accordance with the requirements of section 30 as if the pension plan were being wholly wound up.  R.R.O. 1990, Reg. 909, s. 35 (1). (2) The liability required to be funded under section 75 of the Act on the wind up in part of a pension plan providing defined benefits shall be the portion of the amount described in clause 75 (1) (b) of the Act as determined in the wind up report referred to in subsection (1) of this section attributable to members, former members, retired members and any other persons entitled to a benefit from the pension plan affected by the partial plan wind up.  O. Reg. 712/92, s. 22; O. Reg. 178/12, s. 35 (1). (3) The liability determined under subsection (2) shall be funded by the employer by special payments payable in equal amounts annually in advance over a period not exceeding five years from the effective date of the partial plan wind up.  O. Reg. 712/92, s. 22. (4), (5) Revoked. O. Reg. 178/12, s. 35 (2). 36. Revoked:  O. Reg. 322/09, s. 3.
PART I INTERPRETATION
 38. The information referred to in subsection 25 (1) of the Act shall be provided, (a)  to a person who becomes a member of a pension plan on the date the plan is established, within sixty days after the date the plan is established; (b)  to an employee who will become eligible to become a member of a pension plan, within sixty days prior to the date on which the person will become eligible; and (c)  to a person who is eligible to become a member of a pension plan upon commencing employment, within sixty days after the person commences employment.  R.R.O. 1990, Reg. 909, s. 38.
PART I INTERPRETATION
 39. (1) The administrator shall transmit notice and an explanation of the amendment required under subsection 26 (3) of the Act, within sixty days after registration, to each member, former member, retired member or other person who is or will be affected by an amendment that is registered.  R.R.O. 1990, Reg. 909, s. 39 (1); O. Reg. 178/12, s. 37. (1.1) Revoked: O. Reg. 287/20, s. 11 (2). (2) Where an amendment is registered and the Chief Executive Officer dispenses with the notice required under subsection 26 (3) of the Act, the administrator shall provide notice and an explanation of the amendment to members with the next statement required under section 27 of the Act.  R.R.O. 1990, Reg. 909, s. 39 (2); O. Reg. 149/19, s. 1.
PART I INTERPRETATION
 43. (1) This section applies if, as a result of the death of a member, a former member or a retired member, his or her spouse, beneficiary or estate becomes entitled to a benefit.  O. Reg. 178/12, s. 41 (1). (1.1) Within 30 days after the administrator receives a notice of the death, the administrator shall give a statement containing at least the following information to the spouse, beneficiary or legal representative: 1.  The name of the pension plan and its provincial registration number. 2.  The amount and method of payment of the benefit. 3.  The amount, if any, payable under subsection 39 (4) of the Act. 4.  If applicable, the basis for indexation of a pension. 5.  If applicable, the amount of the pension resulting from additional voluntary contributions. 6.  In the case of a spouse, the options available under section 44 or 48 of the Act.  O. Reg. 178/12, s. 41 (1). (2) For purposes of subsection 48 (1) or (2) of the Act, a spouse shall make an election within ninety days after receipt of the notice referred to in subsection (1.1).  R.R.O. 1990, Reg. 909, s. 43 (2); O. Reg. 115/00, s. 6 (2); O. Reg. 324/05, s. 9 (3); O. Reg. 178/12, s. 41 (2). (3) The administrator of the plan shall comply with an election under subsection (2) within sixty days after receipt of the direction from the spouse.  R.R.O. 1990, Reg. 909, s. 43 (3); O. Reg. 115/00, s. 6 (3); O. Reg. 324/05, s. 9 (4).
PART I INTERPRETATION
 46. (1) For the purposes of paragraph 2 of subsection 30 (1) of the Act, the following are prescribed documents that the persons described in subsection 29 (1) of the Act are entitled to inspect at the office of the Chief Executive Officer: 1.  The records described in subsection 45 (1) of this Regulation. O. Reg. 178/12, s. 44; O. Reg. 235/14, s. 7 (1); O. Reg. 149/19, s. 1; O. Reg. 529/21, s. 4 (1). (2) For the purposes of subsection 30 (3) of the Act, the following are the prescribed records to be provided to the persons described in subsection 29 (1) of the Act: 1.  The records described in subsection 45 (2) of this Regulation. O. Reg. 178/12, s. 44; . O. Reg. 235/14, s. 7 (2); O. Reg. 529/21, s. 4 (1). (3) The Chief Executive Officer may use electronic means to provide the prescribed records under subsection 30 (3) of the Act to a person described in that subsection with the person’s permission.  O. Reg. 178/12, s. 44; O. Reg. 149/19, s. 1. (4) A person making a request under section 30 of the Act is entitled to have access to those parts of the pension plan and other documents or information that are applicable to the person.  O. Reg. 178/12, s. 44. (5) If the Chief Executive Officer receives a written request from a person described in subsection 29 (1) of the Act for a document that the Chief Executive Officer is required to provide to the person under this section and the document includes personal information about another individual, the Chief Executive Officer shall disclose as much of the document as can reasonably be severed without disclosing the personal information about the other individual. O. Reg. 529/21, s. 4 (2). (6) In subsection (5), “personal information” has the same meaning as in section 2 of the Freedom of Information and Protection of Privacy Act. O. Reg. 529/21, s. 4 (2). Exemptions
PART I INTERPRETATION
 47.1 (1) The Ontario Teachers’ Pension Plan continued under the Teachers’ Pension Act is exempted from the following: 1.  Subsection 38 (1) of the Act. 2.  Section 62 of the Act, with respect to investments made before the 1st day of January, 1992. 3.  Paragraphs 3, 3.0.1 and 5 of subsection 4 (4) of this Regulation. 4.  Section 30 of this Regulation. 5.  Section 37 of this Regulation. 6.  Revoked: O. Reg. 343/15, s. 1 (2). O. Reg. 760/91, s. 2; O. Reg. 409/94, s. 6 (1); O. Reg. 343/15, s. 1 (1, 2); O. Reg. 250/18, s. 34. (2) Despite subsection 40 (2), the administrator of the Ontario Teachers’ Pension Plan shall provide the statement required under subsection 27 (1) of the Act to members on or before November 30 of the year following the fiscal year end of the plan. O. Reg. 343/15, s. 1 (3).
PART I INTERPRETATION
 47.2 The Public Service Pension Plan continued under the Public Service Pension Act is exempted from the following: 1.  Subsection 22 (1) of the Act. 2.  Section 62 of the Act. 2.1  Section 69 of the Act. 3.  Paragraphs 3, 3.0.1 and 5 of subsection 4 (4) of this Regulation. 4.  Section 30 of this Regulation. 5.  Section 37 of this Regulation. 6.  Section 76 of this Regulation, with respect to the plan fiscal years that ended on the 31st day of March in 1989 and 1990.  O. Reg. 760/91, s. 2; O. Reg. 409/94, s. 6 (2); O. Reg. 343/95, s. 1; O. Reg. 250/18, s. 35.
PART I INTERPRETATION
 47.3.1 The employers who are required to make contributions under the OMERS Supplemental Pension Plan for Police, Firefighters and Paramedics, registered under the Act as number 1175892, and the members of the pension plan are exempt from the requirement to make contributions under clause 4 (2) (a) with respect to any solvency deficiency under the plan and from the requirement to make special payments under clauses 4 (2) (c) and 4 (2.4) (b) with respect to any solvency deficiency under the plan.  O. Reg. 413/07, s. 6. 47.4 Revoked: O. Reg. 178/12, s. 46. 47.5 Revoked: O. Reg. 533/21, s. 10. 47.6 Revoked:  O. Reg. 178/12, s. 47. 47.7 Revoked: O. Reg. 533/21, s. 11.
PART I INTERPRETATION
 47.7.1 (1) This section applies to the following pension plans: 1.  Colleges of Applied Arts and Technology Pension Plan, registered under the Act as number 0589895. 2.  Healthcare of Ontario Pension Plan, registered under the Act as number 0346007. 3.  OMERS Primary Pension Plan, registered under the Act as number 0345983. 4.  Ontario Public Service Employees’ Union Pension Plan, registered under the Act as number 1012046. 5.  Ontario Teachers’ Pension Plan, registered under the Act as number 0345785. 6. Toronto Transit Commission Pension Fund Society, registered under the Act as number 0317586. 7.  Workplace Safety and Insurance Board Employees’ Pension Plan, registered under the Act as number 0579839. 8.  University Pension Plan Ontario, registered under the Act as number 1357243. O. Reg. 442/17, s. 1; O. Reg. 285/20, s. 2; O. Reg. 670/20, s. 2. (2) Despite clause 4 (2.2) (b), the rules in paragraphs 1.2, 1.2.1 and 2 of subsection 4 (2.3) are not required to be satisfied. O. Reg. 442/17, s. 1; O. Reg. 250/18, s. 36. 47.7.2 Revoked: O. Reg. 447/12, s. 2.
PART I INTERPRETATION
 47.8 (1) Subsection 9 (1) of Schedule III of the federal investment regulations, as defined in section 66, does not apply in respect of a derivative contract described in subparagraph 4 ii of subsection 35.1 (5) of the Ontario Municipal Employees Retirement System Act, 2006 if the following conditions are satisfied: 1.  The return is based on the performance of all or, with regards to the number of investments, a diversified part of the pension fund maintained to provide benefits in respect of any of the OMERS pension plans. 2.  The derivative contract is entered into by an administrator with either, i.  a corporation that is an authorized subsidiary of the OMERS Administration Corporation under section 35.1 of the Ontario Municipal Employees Retirement System Act, 2006, or ii.  an investment entity described in subsection 35.1 (4) of the Ontario Municipal Employees Retirement System Act, 2006. 3.  After the administrator enters into the derivative contract, not more than 10 per cent of the total book value of the pension fund of the pension plan administered by the administrator is directly or indirectly invested in any one underlying asset, business or investment.  O. Reg. 396/11, s. 1. (2) In this section, “OMERS pension plans” has the same meaning as in subsection 1 (1) of the Ontario Municipal Employees Retirement System Act, 2006.  O. Reg. 396/11, s. 1.
PART I INTERPRETATION
 47.9 (1) This section applies with respect to the pension plans listed in section 1 of Ontario Regulation 321/09 (General Motors Pension Plans) made under the Act. O. Reg. 252/18, s. 1. (2) The pension plans are exempt from sections 14.0.1 and 55.1 of the Act. O. Reg. 252/18, s. 1. (3) The provision for adverse deviations for the pension plans is deemed to be zero, despite section 11.2. O. Reg. 252/18, s. 1. (4) The following provisions of this Regulation do not apply to the pension plans: 1.  Clause (c) of the definition of “going concern assets” in subsection 1 (2). 2.  Clause (b) of the definition of “past service unfunded actuarial liability” in subsection 1 (2). 3.  Sub-subclause (a) (ii) (B) of the definition of “transfer ratio” in subsection 1 (2). 4.  Clauses 1.2 (1) (d.1), (2.1) (b) and (2.2) (b). 5.  Section 3.0.1. 6.  Subsection 4 (1.1). 7.  Clauses 4 (2) (a.1) and (b.1). 8.  Subsection 4 (2.1.1). 9.  Paragraphs 1.2.1 and 2.0.1 of subsection 4 (2.3). 10.  Subsections 5 (1.0.0.1) and (17.1). 11.  Subsections 7 (1.1) and (3.1.1). 12.  Sections 7.0.1, 7.0.2, 7.0.3 and 8. 13.  Subsection 11 (4). 14.  Subsections 14 (8.0.2), (8.0.4) and (8.0.5). 15.  Clauses 40 (1) (q.1) and (q.2). 16.  Subsection 40 (3). 17.  Clauses 40.1 (1) (n.1) and (n.2). 18.  Subsection 40.1 (4). 19.  Clauses 40.2 (1) (m.1) and (m.2). 20.  Subsection 40.2 (4). 21.  Subsection 78 (7). O. Reg. 252/18, s. 1; O. Reg. 105/19, s. 22. (5) The provisions of this Regulation listed in subsection (6) are deemed to apply to the pension plans for every report, despite any reference in the provisions to the fact that they apply with respect to reports with a valuation date before December 31, 2017 or to jointly sponsored pension plans listed in subsection 1.3.1 (3). O. Reg. 252/18, s. 1. (6) The provisions referred to in subsection (5) are the following: 1.  Clause (b) of the definition of “going concern assets” in subsection 1 (2). 2.  Clause (a) of the definition of “past service unfunded actuarial liability” in subsection 1 (2). 3.  Sub-subclause (a) (ii) (A) of the definition of “transfer ratio” in subsection 1 (2). 4.  Clauses 1.2 (1) (d), (2.1) (a) and (2.2) (a). 5.  Clause 4 (2) (a). 6.  Paragraphs 1.2 and 2 of subsection 4 (2.3). 7.  Subsection 5 (17). 8.  Subsections 14 (7) and (8). 9.  Clause 40 (1) (q). 10.  Clause 40.1 (1) (n). 11.  Clause 40.2 (1) (m). O. Reg. 252/18, s. 1.