hordruma/ontario_laws_and_regs huggingface dataset:
PART I INTERPRETATION
 6.0.2 (1) A multi-employer pension plan is eligible to become a specified Ontario multi-employer pension plan if it meets all of the following eligibility criteria: 1.  At the end of the previous year, no more than 95 per cent of the members of the plan were employed by one employer. 2.  During the previous year at least 15 employers made contributions to the plan or at least 10 per cent of the members of the plan were employed by two or more employers. 3.  All or substantially all of the employers who make contributions to the plan are persons who are not exempt from tax under Part I of the Income Tax Act (Canada). 4.  All employers make contributions to the plan pursuant to one or more collective agreements. 5.  The employers’ contributions to the plan are limited to a fixed amount set out in one or more collective agreements. 6.  Under the plan, the administrator is authorized to determine the benefits that are to be provided under the plan, whether or not a collective agreement imposes restrictions on the exercise of that authority. 7.  Nothing in the documents that create and support the plan prevents the administrator from reducing 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) of the Act.  O. Reg. 489/07, s. 2; O. Reg. 400/19, s. 2 (1). (1.1) A multi-employer pension plan that does not satisfy the eligibility criteria set out in any of paragraphs 3, 4 and 5 of subsection (1) is also eligible to become a specified Ontario multi-employer pension plan if, (a)  it satisfies the eligibility criteria set out in paragraphs 1, 2, 6 and 7 of that subsection; and (b)  the employers’ contributions to the plan are limited to a fixed amount set out in one or more documents that create and support the plan. O. Reg. 400/19, s. 2 (2). (2) For the purposes of this section, a group of employers that are affiliates within the meaning of the
Business Corporations Act or the Not-for-Profit Corporations Act, 2010 is deemed to be one employer.  O. Reg. 489/07, s. 2; O. Reg. 400/19, s. 2 (3); O. Reg. 695/21, s. 1. (3) In this section, “previous year” means, in relation to a pension plan, the fiscal year of the plan before the year in which the election is filed declaring the plan to be specified Ontario multi-employer pension plan.  O. Reg. 489/07, s. 2.
PART I INTERPRETATION
 6.0.3 (1) The administrator of a multi-employer pension plan that is eligible to become a specified Ontario multi-employer pension plan under subsection 6.0.2 (1) or (1.1) may file an election with the Chief Executive Officer declaring the plan to be a specified Ontario multi-employer pension plan.  O. Reg. 489/07, s. 2; O. Reg. 149/19, s. 1; O. Reg. 400/19, s. 3 (1). (2) The election may be filed at any time on or after, in the case of a plan that is eligible under subsection 6.0.2 (1), September 1, 2007 or, in the case of a plan that is eligible under subsection 6.0.2 (1.1), December 31, 2019 and before the earlier of the date on which section 81.0.2 of the Act comes into force and January 1, 2024.  O. Reg. 489/07, s. 2; O. Reg. 447/09, s. 2; O. Reg. 203/12, s. 2; O. Reg. 225/17, s. 8; O. Reg. 192/18, s. 2; O. Reg. 400/19, s. 3 (2). Note: On January 1, 2024, subsection 6.0.3 (2) of the Regulation is amended by striking out “January 1, 2024” at the end and substituting “January 1, 2025”. (See: O. Reg. 321/23, s. 2) (3) The election must be made in writing and only one election may be made in respect of a plan.  O. Reg. 489/07, s. 2. (4) The administrator may rescind the election and must do so by filing written notice of the rescission with the Chief Executive Officer.  O. Reg. 489/07, s. 2; O. Reg. 149/19, s. 1. (5) A rescission cannot be withdrawn once it has been filed.  O. Reg. 489/07, s. 2.
PART I INTERPRETATION
 6.0.5 (1) This section applies in respect of a specified Ontario multi-employer pension plan if the administrator filed the election under section 6.0.3 on or after December 31, 2019. O. Reg. 400/19, s. 5. (2) In addition to the rules under section 6.0.4, the rules set out in subsection (4) apply to the plan and to the first report respecting the plan that is filed, under either section 3 or 14, after the election is filed (the “first report” for the purposes of this section). O. Reg. 400/19, s. 5. (3) In this section, “specified consolidated prior solvency deficiency” refers to the present value, as of the valuation date of the first report, of all special payments that are required to liquidate any solvency deficiency or reduced solvency deficiency determined in a report filed or submitted under section 3, 13 or 14 before the filing of the first report. O. Reg. 400/19, s. 5. (4) The following are the rules referred to in subsection (2): 1.  If a solvency deficiency or reduced solvency deficiency was determined in a report filed or submitted under section 3, 13 or 14 before the filing of the first report and the deficiency has not yet been liquidated, the administrator shall establish a new five-year period during which the specified consolidated prior solvency deficiency is to be liquidated. The five-year period must begin no later than January 1, 2024. Note: On January 1, 2024, paragraph 1 of subsection 6.0.5 (4) of the Regulation is amended by striking out “January 1, 2024” at the end and substituting “January 1, 2025”. (See: O. Reg. 321/23, s. 4) 2.  Despite subsection 5 (1), clauses 5 (1.0.0.1) (f) and (g) and subsection 5 (1.0.1), the specified consolidated prior solvency deficiency determined in the first report must be liquidated, with interest at the rates described in subsection 5 (2), by equal monthly instalments over the period established under paragraph 1. 3.  Monthly instalments to liquidate the specified consolidated prior solvency deficiency are deemed to be special payments under subsection 5 (1.0.0.1) made for the purpose of liquidating a solvency deficiency or reduced solvency deficiency. O. Reg. 400/19, s. 5; O. Reg. 533/21, s. 8. Notices and Summaries re Contributions
PART I INTERPRETATION
 6.2 (1) A summary under subsection 56.1 (1) of the Act of the contributions required to be made in respect of a pension plan for a fiscal year must be given to the persons specified by that subsection, (a)  within 90 days after the plan is established, for the first fiscal year; and (b)  within 60 days after the beginning of the second fiscal year and of each subsequent fiscal year of the plan.  O. Reg. 144/00, s. 6. (2) If there is a change in the summary of contributions, the administrator shall give the persons specified by subsection 56.1 (1) of the Act a revised summary within 60 days after the administrator becomes aware of the change.  O. Reg. 144/00, s. 6. (3) The summary or revised summary must be in a form approved by the Chief Executive Officer.  O. Reg. 144/00, s. 6; O. Reg. 149/19, s. 1. (4) Notice under subsection 56.1 (2) of the Act that a person was not given the summary of contributions in accordance with subsection 56.1 (1) of the Act must be given to the Chief Executive Officer within 30 days after the day on which the summary was required to be given.  O. Reg. 144/00, s. 6; O. Reg. 149/19, s. 1. (5) Notice under subsection 56.1 (3) of the Act that a contribution was not paid when it became due must be given to the Chief Executive Officer within 60 days after the day on which the contribution became due.  O. Reg. 144/00, s. 6; O. Reg. 149/19, s. 1. (6) Spent:  O. Reg. 144/00, s. 6. Actuarial Gain, Going Concern Excess and Contribution Holidays
PART I INTERPRETATION
 6.3 Section 55.1 of the Act does not apply in respect of the following: 1.  A jointly sponsored pension plan listed in subsection 1.3.1 (3) of this Regulation. 2.  A pension plan for which the valuation date of the last filed report is before December 31, 2017. 3.  A pension plan for which the last filed report was filed before May 1, 2018. O. Reg. 105/19, s. 11.
PART I INTERPRETATION
 7.0.1 (1) The following rules about special payments apply with respect to a report with a valuation date on or after December 31, 2017 for a plan that is not a jointly sponsored pension plan listed in subsection 1.3.1 (3): 1.  If the report discloses a going concern excess under the plan that is greater than or equal to the sum of the amounts listed in subsection (2), the special payments determined under clauses 5 (1.0.0.1) (a), (c), (d) and (e) shall be reduced to zero. 2.  If the report discloses a going concern excess under the plan that is less than the sum of the amounts listed in subsection (2), the monthly rate of the special payments determined under clauses 5 (1.0.0.1) (a), (c), (d) and (e) shall not be changed but the amortization period or periods for the special payments determined under those clauses shall be reduced so as to reduce the going concern excess to zero. O. Reg. 250/18, s. 20. (2) The amounts referred to in paragraphs 1 and 2 of subsection (1) are the following: 1.  The present value of special payments in respect of any plan amendment that increases going concern liabilities. 2.  The present value of special payments in respect of a going concern unfunded liability, other than a past service unfunded actuarial liability, determined in the report filed immediately before the current report and scheduled for payment within one year after the valuation date of the current report. 3.  The present value of special payments in respect of any past service unfunded actuarial liability. O. Reg. 250/18, s. 20.
PART I INTERPRETATION
 7.0.2 (1) For the purposes of section 55.1 of the Act, the available actuarial surplus of a pension plan is the following: 1.  In the case of a plan with respect to which special payments are required or are deferred under subsection 5 (1.0.0.1) or (1.0.1) for the year, zero. 2.  In the case of any other plan, the lesser of the following: i.  The amount by which the value of the assets of the pension plan, determined on the basis of a going concern valuation, including accrued and receivable income but excluding the amount of any letter of credit held in trust for the pension plan, exceeds the sum of going concern liabilities, the amount equal to the provision for adverse deviations in respect of going concern liabilities and the prior year credit balance. ii.  Whichever of the following amounts applies to the plan: A.  In the case of a plan that is a public sector pension plan, the amount that, if it were deducted from the solvency assets of the pension plan, would reduce the solvency ratio to 1.05. B.  In the case of any other plan, the amount that, if it were deducted from the solvency assets of the pension plan, would reduce the transfer ratio to 1.05. O. Reg. 250/18, s. 20. (2) The amounts referred to in paragraph 2 of subsection (1) shall be based on figures from the last report of the plan filed under section 3 or 14 or submitted under section 4. O. Reg. 250/18, s. 20.
PART I INTERPRETATION
 7.0.3 (1) In any year following the valuation date of the first report filed on or after May 1, 2018 with a valuation date on or after December 31, 2017 for a plan that is not a jointly sponsored pension plan listed in subsection 1.3.1 (3), available actuarial surplus may be applied to reduce contributions for normal cost and contributions for the provision for adverse deviations in respect of the 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. 250/18, s. 20; O. Reg. 105/19, s. 13 (1). (2) Any available actuarial surplus not applied under subsection (1) 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. 250/18, s. 20. (3) Despite subsections (1) and (2), for a plan that provides defined benefits, other than designated plans or individual pension plans, available actuarial surplus shall not be used to pay an annual assessment to the Guarantee Fund or to reduce contributions for the normal cost or contributions for the provision for adverse deviations in respect of 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 fiscal 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 pay the annual assessment to the Guarantee Fund or to reduce the contributions for the year does not exceed the maximum amount determined under subsection (4) or (5). O. Reg. 250/18, s. 20; O. Reg. 149/19, s. 1. (4) For the purposes of clause (3) (b), and subject to subsection (5), the maximum amount of any available actuarial surplus that may be applied to pay an annual assessment to the Guarantee Fund or to reduce contributions for the normal cost and contributions for the provision for adverse deviations in respect of the normal cost for a fiscal year is the lesser of, (a)  the amount, if any, of available actuarial surplus for the fiscal year reported in the last report of the plan filed under section 3 or 14 or submitted under section 4; and (b)  the amount, if any, of estimated available actuarial surplus for the fiscal year as reported in the actuarial cost certificate filed under section 7.1 for that fiscal year. O. Reg. 250/18, s. 20. (5) If a report has been filed under section 3 or 14 or submitted under section 4 with a valuation date that is not earlier than the day immediately before the beginning of the fiscal year in which the report is filed or submitted, and the report sets out available actuarial surplus, clauses (3) (a) and (4) (b) do not apply with respect to the portion of the fiscal year that begins on the first day of the period covered by the report and ends on the last day of the fiscal year. O. Reg. 105/19, s. 13 (2).
PART I INTERPRETATION
 7.1 (1) An actuarial cost certificate must be prepared by an actuary using methods and actuarial assumptions that are consistent with accepted actuarial practice and with the requirements of the Act and this Regulation, based on a valuation date of the first day of the fiscal year of the plan to which the certificate relates.  O. Reg. 239/09, s. 6. (2) An actuarial cost certificate for a fiscal year before the fiscal year described in subsection (3) must contain the following: 1.  An estimate of the normal cost of the plan for the fiscal year of the plan commencing on the valuation date of the certificate. 2.  An estimate of the total employee contributions to the plan to be made during that fiscal year. 3.  The going concern assets, estimated going concern liabilities, solvency assets and estimated solvency liabilities, each determined as of the valuation date of the certificate. 4.  The prior year credit balance. 5.  The estimated transfer ratio, calculated using the solvency assets and estimated solvency liabilities determined in the certificate.  O. Reg. 239/09, s. 6; O. Reg. 250/18, s. 1, 21 (1). (3) An actuarial cost certificate for a fiscal year following a report filed on or after May 1, 2018 with a valuation date on or after December 31, 2017 must contain the following: 1.  An estimate of the normal cost of the plan for the fiscal year commencing on the valuation date of the certificate. 2.  An estimate of the amount equal to the provision for adverse deviations in respect of the normal cost of the plan for the fiscal year commencing on the valuation date of the certificate. 3.  An estimate of the total employee contributions to the plan to be made during that fiscal year. 4.  The pension plan’s going concern assets, estimated going concern liabilities, estimated available actuarial surplus if applicable, solvency assets and estimated solvency liabilities, each determined as of the valuation date of the certificate. 5.  The prior year credit balance. 6.  Estimated liabilities for benefits, other than pension benefits and ancillary benefits payable under qualifying annuity contracts, that were excluded in calculating the solvency liabilities. 7.  The estimated transfer ratio, calculated using the solvency assets and estimated solvency liabilities determined in the certificate. 8.  If the pension plan is a public sector pension plan, the estimated solvency ratio, calculated using the solvency assets and estimated solvency liabilities determined in the certificate. O. Reg. 250/18, s. 21 (2); O. Reg. 105/19, s. 14.
PART I INTERPRETATION
 8. (1) The administrator shall give notice of a reduction of contributions under section 7.0.3 for the normal cost of the plan or of contributions for the provision for adverse deviations in respect of the normal cost of the plan. O. Reg. 250/18, s. 22. (2) The notice shall be given to, (a)  every member of the plan; (b)  every trade union that represents members of the plan who are employed in Ontario; (c)  every former member of the plan; (d)  every retired member of the plan; and (e)  the advisory committee, if any, established under section 24 of the Act for the plan. O. Reg. 250/18, s. 22. (3) The notice must contain the following: 1.  A statement that the documents that create and support the pension plan and the pension fund do not prohibit the reduction of contributions. 2.  A statement that contributions required to be made by the employer, by the members of the pension plan or by both of them will be reduced. 3.  The period of time during which contributions will be reduced. 4.  One of the following statements: i.  if the plan is a public sector pension plan, a statement that the reduction of contributions will not reduce the estimated solvency ratio of the pension plan to less than 1.05, or ii.  if the plan is not a public sector pension plan, a statement that the reduction of contributions will not reduce the estimated transfer ratio of the pension plan to less than 1.05. 5.  A statement that the plan’s going concern assets will be at least equal to the plan’s going concern liabilities plus the amount equal to the plan’s provision for adverse deviations in respect of going concern liabilities after the reduction of contributions for the period. 6.  The estimated transfer ratio of the pension plan, calculated using the solvency assets and estimated solvency liabilities determined in the actuarial cost certificate. O. Reg. 250/18, s. 22; O. Reg. 105/19, s. 15 (1). (4) The notice must be given within the first six months of the fiscal year in which the planned reduction is to occur. However, a separate notice to a member, former member or retired member is not required if the administrator includes the information required under subsection (3) in the written statement that is required under section 27 of the Act in the same fiscal year. O. Reg. 250/18, s. 22. (5) Despite subsection (4), where subsection 7.0.3 (5) applies and the planned reduction is to occur more than six months after the start of a fiscal year, the notice must be given within six months following the end of the fiscal year in which the planned reduction is to occur. O. Reg. 105/19, s. 15 (2).
PART I INTERPRETATION
 9. If an amendment to a pension plan with defined benefits converts the defined benefits to defined contribution benefits, the employer may offset the employer’s contributions for normal costs against the amount of surplus, if any, in the pension fund after the conversion.  O. Reg. 665/94, s. 1; O. Reg. 250/18, s. 23; O. Reg. 105/19, s. 16.
PART I INTERPRETATION
 10. (1) The criteria described in this section must be met before the Chief Executive Officer may consent to the payment of money that is surplus out of a continuing pension plan to the employer.  R.R.O. 1990, Reg. 909, s. 10 (1); O. Reg. 307/98, s. 5 (1); O. Reg. 149/19, s. 1. (2), (3) Revoked:  O. Reg. 178/12, s. 12 (1). (4) The pension plan must provide that a member’s contributions to the plan, and interest on the contributions, shall not be used to provide more than 50 per cent of an amount equal to the commuted value of a deferred pension or pension in respect of contributory benefits to which the member is entitled under the pension plan on termination of employment or membership.  O. Reg. 178/12, s. 12 (2). (5) The pension plan must provide that a former member or retired member who is entitled to a deferred pension or a pension, as the case may be, on termination of employment or membership is entitled to a lump sum payment from the pension fund that is equal to the amount by which his or her contributions, as a member, and interest on the contributions, exceeds one-half of the commuted value of the deferred pension or pension in respect of contributory benefits.  O. Reg. 178/12, s. 12 (2). (6), (7) Revoked:  O. Reg. 665/94, s. 2. (8)-(12) Revoked:  O. Reg. 178/12, s. 12 (3). 10.1 Revoked:  O. Reg. 178/12, s. 13. Funding of Escalated Adjustments
PART I INTERPRETATION
 11. (1) The estimated future costs of the escalated adjustments of a pension plan that provides for escalated adjustments may be excluded from the funding requirements set out in sections 4, 5 and 6.  R.R.O. 1990, Reg. 909, s. 11 (1). (2) The amount of a payment of an escalated adjustment that is made from the pension fund, to the extent that it has not been prefunded, shall be deemed to be part of the normal cost.  R.R.O. 1990, Reg. 909, s. 11 (2). (3) For the purposes of a report required by section 13 or 14, factors attributable to an escalated adjustment may be excluded in determining the existence or amount of any going concern unfunded liability.  R.R.O. 1990, Reg. 909, s. 11 (3); O. Reg. 712/92, s. 7. (4) This section 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. 24. Provision for Adverse Deviations
PART I INTERPRETATION
 11.1 (1) The amount equal to the provision for adverse deviations in respect of the normal cost for a pension plan is the provision for adverse deviations determined under section 11.2 multiplied by the plan’s normal cost. O. Reg. 250/18, s. 25. (2) For the purpose of subsection (1), the plan’s normal cost may exclude estimated future costs for escalated adjustments. O. Reg. 250/18, s. 25. (3) The amount equal to the provision for adverse deviations in respect of going concern liabilities for a pension plan is the provision for adverse deviations determined under section 11.2 multiplied by the plan’s going concern liabilities as of the valuation date of the last filed report. O. Reg. 250/18, s. 25. (4) For the purpose of subsection (3), the going concern liabilities of a plan may exclude estimated future costs for escalated adjustments and liabilities in respect of benefits for which an annuity contract has been purchased from an insurance company. O. Reg. 250/18, s. 25.
PART I INTERPRETATION
 12. (1) This section applies in respect of a pension fund for a pension plan other than a jointly sponsored pension plan when a report required under section 3 or 14 is filed with the Chief Executive Officer or a report prepared under section 4 or 13 is submitted to the Chief Executive Officer.  O. Reg. 116/06, s. 11; O. Reg. 149/19, s. 1. (2) Within 60 days after the report is filed or submitted, the employer shall pay into the pension fund, (a)  all amounts due under the report on the date the report is filed or submitted; and (b)  interest on those amounts calculated at the going concern interest rate or the solvency valuation interest rate, whichever applies in the circumstances.  O. Reg. 144/00, s. 7. (2.1) Revoked: O. Reg. 520/20, s. 2 (2). (3) The actuary who prepares the report shall calculate the amount of interest that is payable under clause (2) (b).  O. Reg. 144/00, s. 7. Reports