jswizzle3737/ontario_laws_and_regs huggingface dataset:
73 (1) For the purpose of determining the amounts of pension benefits and any other benefits and entitlements on the winding up of a pension plan, (a)  the employment of each member of the pension plan shall be deemed to have been terminated on the effective date of the wind up; (b)  each member’s pension benefits as of the effective date of the wind up shall be determined as if the member had satisfied all eligibility conditions for a deferred pension; and (c)  provision shall be made for the rights, if any, under section 74.  R.S.O. 1990, c. P.8, s. 73 (1); 2010, c. 9, s. 55 (1-3). Transfer rights on wind up (2) A person entitled to a pension benefit on the wind up of a pension plan, other than a person who is receiving a pension, is entitled to the rights under subsection 42 (1) (transfer) of a member who terminates employment and, for the purpose, subsection 42 (3) does not apply.  R.S.O. 1990, c. P.8, s. 73 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 73 (2) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 37, s. 12) Transfer rights on wind up (2) The following rules apply when a pension plan is wound up: 1.  A person who is entitled to a pension benefit on the wind up of the pension plan, other than a person who is receiving a pension, is entitled to the rights under subsection 42 (1) of a member who terminates employment and, for the purpose, subsection 42 (3) does not apply. 2.  A person who is receiving, on the wind up of the pension plan, a pension that is a target benefit is entitled to the rights under subsection 42 (1) of a member who terminates employment. 2020, c. 36, Sched. 37, s. 12. Purchase of annuities on partial wind up (3) Except as provided under subsection (2), the administrator is not required to purchase life annuities for members, former members, retired members or other persons entitled to benefits under the pension plan in order to distribute the assets of the pension fund in connection with a partial wind up.  2010, c. 9, s. 55 (4). Distribution of assets (4) If the administrator does not purchase life annuities in the circumstances described in subsection (3), the administrator shall comply with such requirements as may be prescribed in connection with the distribution of the assets of the pension fund in connection with a partial wind up.  2010, c. 9, s. 55 (4). Repeal (5) Subsections (3) and (4) are repealed on a day to be named by proclamation of the Lieutenant Governor.  2010, c. 9, s. 55 (4). Application (6) This section applies if the effective date of the wind up is on or after April 1, 1987.  2010, c. 9, s. 55 (5). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 73 (5) - see 2010, c. 9, s. 55 (4) - not in force 2010, c. 9, s. 55 (1-4) - 01/07/2012; 2010, c. 9, s. 55 (5) - 18/05/2010 2020, c. 36, Sched. 37, s. 12 - not in force
73.1 (1) An administrator appointed by the Chief Executive Officer under this Act for a pension plan shall not purchase life annuities for the purpose of distributing the assets of the pension plan in connection with the wind up of the plan before receiving the Chief Executive Officer’s approval. 2016, c. 37, Sched. 19, s. 3; 2018, c. 8, Sched. 23, s. 23, 24. Same (2) Subject to subsection (3), the Chief Executive Officer may defer the giving of approval in respect of the purchase of some or all of the life annuities if the Chief Executive Officer is of the opinion, on reasonable and probable grounds, that the purchase would adversely affect the financial position of the Guarantee Fund. 2016, c. 37, Sched. 19, s. 3; 2018, c. 8, Sched. 23, s. 23. Same (3) The Chief Executive Officer shall approve the purchase within the prescribed period after approving the wind up report in respect of the pension plan under section 70. 2016, c. 37, Sched. 19, s. 3; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 19, s. 3 - 01/01/2018 2018, c. 8, Sched. 23, s. 23, 24 - 08/06/2019 Grow-in benefits for members
74.1 (1) The employers (or any persons or entities who make contributions on behalf of the employers or who represent the employers) and the members (or the representatives of the members) of a jointly sponsored pension plan may elect, in accordance with this section, to exclude the plan and its members from the operation of section 74.  2010, c. 9, s. 57. Multi-employer pension plans (2) The administrator of a multi-employer pension plan may elect, in accordance with this section, to exclude the plan and its members from the operation of section 74.  2010, c. 9, s. 57. Restrictions (3) An election may only be made within the prescribed period and the persons or entities making the election must satisfy such requirements as may be prescribed in connection with the election.  2010, c. 9, s. 57. Same (4) Only one election may be made in respect of a pension plan.  2010, c. 9, s. 57. Notice of election (5) An election to exclude a pension plan and its members from the operation of section 74 takes effect when notice of the election is filed with the Chief Executive Officer or on a later date specified in the notice.  2010, c. 9, s. 57; 2018, c. 8, Sched. 23, s. 23. Rescission (6) An election may be rescinded by the persons and entities described in subsection (1) or (2), as the case may be, and the rescission takes effect when notice of the rescission is filed with the Chief Executive Officer or on a later date specified in the notice.  2010, c. 9, s. 57; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 57 - 01/07/2012 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
76 The pension fund of a pension plan that is wound up continues to be subject to this Act and the regulations until all the assets of the pension fund have been disbursed.  R.S.O. 1990, c. P.8, s. 76.
77 Subject to the application of the Guarantee Fund, where the money in a pension fund is not sufficient to pay all the pension benefits and other benefits on the wind up of the pension plan, the pension benefits and other benefits shall be reduced in the prescribed manner.  R.S.O. 1990, c. P.8, s. 77; 2010, c. 9, s. 60. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 60 - 01/07/2012 Transition – Partial Wind Up
77.1 (1) A pension plan may be wound up in part if the effective date of the partial wind up precedes the date on which this section comes into force.  2010, c. 9, s. 61. Restriction (2) A pension plan cannot be wound up in part if the effective date of the partial wind up would fall on or after the date on which this section comes into force.  2010, c. 9, s. 61. Effective date (3) The effective date of the partial wind up may be determined after the date on which this section comes into force.  2010, c. 9, s. 61. Same (4) The Chief Executive Officer by order may change the effective date of the partial wind up if the Chief Executive Officer is of the opinion that there are reasonable grounds for the change.  2010, c. 9, s. 61; 2018, c. 8, Sched. 23, s. 23. Definition (5) In this section and in sections 77.2 to 77.9, “partial wind up” means the termination of part of a pension plan and the distribution of the assets of the pension fund related to that part of the pension plan.  2010, c. 9, s. 61. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 77.10 - see 2010, c. 9, s. 61 - not in force 2010, c. 9, s. 61 - 01/07/2012 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
77.2 Section 68 applies, with necessary modifications, with respect to a partial wind up of a pension plan.  2010, c. 9, s. 61. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 77.10 - see 2010, c. 9, s. 61 - not in force 2010, c. 9, s. 61 - 01/07/2012
77.3 (1) The Chief Executive Officer by order may require the partial wind up of a pension plan, (a)  if a significant number of members of the pension plan cease to be employed by the employer as a result of the discontinuance of all or part of the business of the employer or as a result of the reorganization of the business of the employer; (b)  if all or a significant portion of the business carried on by the employer at a specific location is discontinued; (c)  if part of the employer’s business or part of the assets of the business are sold, assigned or otherwise disposed of and the person or entity who acquires the business or assets does not provide a pension plan for the members of the employer’s pension plan who become employees of the person or entity; (d)  if the liability of the Guarantee Fund is likely to be substantially increased unless the pension plan is wound up in part; (e)  if any of the circumstances described in clauses 69 (1) (a), (b), (c) or (h) exists; or (f)  if any other prescribed event or prescribed circumstance occurs.  2010, c. 9, s. 61; 2018, c. 8, Sched. 23, s. 23. Date (2) The order must specify the effective date of the partial wind up.  2010, c. 9, s. 61. Notice of the order (3) The administrator of the pension plan shall give notice of the order to the persons and entities listed in clauses 68 (2) (b) to (e) and shall include in the notice such information about the partial wind up as the order may specify.  2010, c. 9, s. 61. Duty to file notice (4) The administrator shall file with the Chief Executive Officer a copy of the notice given under subsection (3).  2010, c. 9, s. 61; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 77.10 - see 2010, c. 9, s. 61 - not in force 2010, c. 9, s. 61 - 01/07/2012 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
77.4 (1) Section 70 applies, with necessary modifications, with respect to a partial wind up of a pension plan.  2010, c. 9, s. 61. Rights and benefits (2) On a partial wind up, the members, former members, retired members and other persons entitled to benefits under the pension plan shall have rights and benefits that are not less than the rights and benefits they would have on a full wind up of the pension plan on the effective date of the partial wind up.  2010, c. 9, s. 61. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 77.10 - see 2010, c. 9, s. 61 - not in force 2010, c. 9, s. 61 - 01/07/2012 77.5 Repealed: 2010, c. 24, s. 25. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 77.10 - see 2010, c. 9, s. 61 - not in force 2010, c. 9, s. 61 - 01/07/2012; 2010, c. 24, s. 25 - 1/01/2017
77.6 (1) Within the prescribed period of time, the administrator of a pension plan that is to be wound up in part shall give to each person who is affected by the wind up and who is entitled to a pension, deferred pension or other benefit or to a refund in respect of the pension plan a statement setting out his or her entitlement under the plan, the options available to the person and such other information as may be prescribed.  2010, c. 9, s. 61. Same (2) Subsections 72 (2) and (3) apply, with necessary modifications, with respect to the partial wind up of a pension plan.  2010, c. 9, s. 61. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 77.10 - see 2010, c. 9, s. 61 - not in force 2010, c. 9, s. 61 - 01/07/2012
77.7 (1) Section 73 applies, with necessary modifications, with respect to members’ entitlements on a partial wind up of a pension plan.  2010, c. 9, s. 61. Purchase of annuities on partial wind up (2) Except as provided under subsection 73 (2), the administrator is not required to purchase life annuities for members, former members, retired members or other persons entitled to benefits under the pension plan in order to distribute the assets of the plan in connection with the partial wind up.  2010, c. 9, s. 61. Distribution of assets (3) If the administrator does not purchase life annuities in the circumstances described in subsection (2), the administrator shall comply with such requirements as may be prescribed in connection with the distribution of the assets of the pension fund in connection with the partial wind up.  2010, c. 9, s. 61. Grow-in on partial wind up (4) Section 74 applies, with necessary modifications, with respect to members’ entitlements on a partial wind up of a pension plan.  2010, c. 9, s. 61. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 77.10 - see 2010, c. 9, s. 61 - not in force 2010, c. 9, s. 61 - 01/07/2012
77.8 Sections 75 and 75.1 apply, with necessary modifications, with respect to a partial wind up of a pension plan.  2010, c. 9, s. 61. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 77.10 - see 2010, c. 9, s. 61 - not in force 2010, c. 9, s. 61 - 01/07/2012
77.9 Sections 76 and 77 apply, with necessary modifications, with respect to a partial wind up of a pension plan.  2010, c. 9, s. 61. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.8, s. 77.10 - see 2010, c. 9, s. 61 - not in force 2010, c. 9, s. 61 - 01/07/2012
77.10 Sections 77.1 to 77.9 are repealed on a day to be named by proclamation of the Lieutenant Governor.  2010, c. 9, s. 61. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 61 - 01/07/2012 Surplus
78 (1) No money that is surplus may be paid out of a pension fund to the employer without the prior consent of the Chief Executive Officer.  R.S.O. 1990, c. P.8, s. 78 (1); 1997, c. 28, s. 200; 2010, c. 24, s. 28 (1); 2018, c. 8, Sched. 23, s. 23. Application for payment (2) An employer who applies to the Chief Executive Officer for consent to payment of money that is surplus to the employer out of a pension fund shall transmit notice of the application, containing the prescribed information, to, (a)  each member, former member and retired member of the pension plan to which the pension fund relates; (b)  each trade union that represents members of the pension plan; (b.1)  each trade union that represents the members, former members or retired members of the pension plan on the date of the wind up, if the pension plan is being wound up; (c)  any other individual who is receiving payments out of the pension fund; and (d)  the advisory committee of the pension plan.  R.S.O. 1990, c. P.8, s. 78 (2); 1997, c. 28, s. 200; 2010, c. 9, s. 62 (1, 2); 2018, c. 8, Sched. 23, s. 23. Representations (3) A person to whom notice has been transmitted under subsection (2) may make written representations to the Chief Executive Officer with respect to the application within thirty days after receiving the notice.  R.S.O. 1990, c. P.8, s. 78 (3); 1997, c. 28, s. 200; 2018, c. 8, Sched. 23, s. 23. (4), (5) Repealed:  2010, c. 24, s. 28 (2). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 200, 201 - 01/07/1998 2010, c. 9, s. 62 (1) - 01/07/2012;
2010, c. 9, s. 62 (2, 3) - 18/05/2010;
2010, c. 24, s. 28 (1, 2) - 08/12/2010 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 Payment of surplus
79.0.1 (1) The Chief Executive Officer may order the administrator of a pension plan to distribute surplus in accordance with a written agreement described in subsection 77.11 (7).  2010, c. 24, s. 30 (1); 2018, c. 8, Sched. 23, s. 23, 24. Same (2) The order of the Chief Executive Officer is final.  2010, c. 24, s. 30 (1); 2018, c. 8, Sched. 23, s. 23. Enforcement (3) An order under this section, excluding the reasons for the order, may be filed in the Superior Court of Justice and upon being filed it is enforceable as an order of that Court.  2010, c. 24, s. 30 (1). Section Amendments with date in force (d/m/y) 2010, c. 24, s. 30 (1) - 08/12/2010;
2010, c. 24, s. 30 (2) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020 2018, c. 8, Sched. 23, s. 23, 24 - 08/06/2019 Asset Transfers Between Pension Plans Prohibition on asset transfers
79.1 (1) No person shall transfer assets between pension plans if the transferred assets relate to the provision of defined benefits unless, (a)  the transfer is authorized under section 21, 42, 80, 80.2, 80.4 or 81; or (b)  the transfer satisfies the prescribed requirements and the Chief Executive Officer has consented in advance to the transfer.  2010, c. 9, s. 65 (1); 2014, c. 7, Sched. 26, s. 9 (1); 2018, c. 8, Sched. 23, s. 23; 2019, c. 15, Sched. 29, s. 2 (1). Transfers re defined contributions (2) No person shall transfer assets between pension plans if the transferred assets relate to the provision of defined contribution benefits unless, (a)  the transfer is authorized under section 21, 39.1, 42, 80, 80.2, 80.4 or 81; or (b)  the transfer satisfies the prescribed requirements and the Chief Executive Officer has consented to the transfer.  2012, c. 8, Sched. 44, s. 6; 2015, c. 20, Sched. 34, s. 6; 2018, c. 8, Sched. 23, s. 23; 2018, c. 17, Sched. 33, s. 9. Note: On a day to be named by proclamation of the Lieutenant Governor, section 79.1 of the Act is amended by adding the following subsection: (See: 2020, c. 36, Sched. 37, s. 16) Transfers re target benefits (3) No person shall transfer assets between pension plans if the transferred assets relate to the provision of target benefits unless, (a)  the transfer is authorized under section 21, 42, 80, 80.2 or 81; or (b)  the transfer satisfies the prescribed requirements and the Chief Executive Officer has consented in advance to the transfer. 2020, c. 36, Sched. 37, s. 16. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 65 (1) - 01/01/2014; 2010, c. 9, s. 65 (2) - no effect - see 2014, c. 7, Sched. 26, s. 9 (5) - 01/11/2015; 2010, c. 24, s. 31 (1) - no effect - see 2014, c. 7, Sched. 26, s. 9 (6) - 01/11/2015; 2010, c. 24, s. 31 (2) - no effect - see 2020, c. 36, Sched. 37, s. 24 - 08/12/2020 2012, c. 8, Sched. 44, s. 6 - 20/06/2012 2014, c. 7, Sched. 26, s. 9 (1) - 01/11/2015;
2014, c. 7, Sched. 26, s. 9 (2-4)
- no effect - see 2019, c. 15, Sched. 29, s. 4 - 10/12/2019 2015, c. 20, Sched. 34, s. 6 - 01/01/2020 2018, c. 8, Sched. 23, s. 8, 23 - 08/06/2019; 2018, c. 17, Sched. 33, s. 9 - 06/12/2018 2019, c. 15, Sched. 29, s. 2 (1) - 10/12/2019; 2019, c. 15, Sched. 29, s. 2 (2) - no effect - see 2020, c. 36, Sched. 37, s. 27 - 08/12/2020 2020, c. 36, Sched. 37, s. 16 - not in force
83 (1) Subject to section 89 (notices and hearings), the Chief Executive Officer shall by order declare, in the circumstances mentioned in subsection (2), that the Guarantee Fund applies to a pension plan.  1997, c. 28, s. 204 (1); 2018, c. 8, Sched. 23, s. 23. Conditions precedent (2) The Chief Executive Officer shall make the declaration if, (a)  the pension plan is registered under this Act or is registered in a designated jurisdiction to provide for the reciprocal application of this Act; (b)  the pension plan provides defined benefits that are not exempt from the application of the Guarantee Fund by this Act or the regulations; (c)  the pension plan is wound up in whole or in part; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 83 (2) (c) of the Act is amended by striking out “in whole or in part”. (See: 2020, c. 36, Sched. 37, s. 19) (d)  the Chief Executive Officer is of the opinion, upon reasonable and probable grounds, that the funding requirements of this Act and the regulations cannot be satisfied.  R.S.O. 1990, c. P.8, s. 83 (2); 1997, c. 28, s. 204 (2); 2010, c. 1, Sched. 23, s. 9; 2010, c. 9, s. 72 (2); 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 204 (1, 2) - 01/07/1998 2010, c. 1, Sched. 23, s. 9 - 01/10/2010; 2010, c. 9, s. 72 (2) - 18/05/2010;
2010, c. 9, s. 72 (1) - no effect - see 2020, c. 36, Sched. 37, s. 25 - 08/12/2020 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 2020, c. 36, Sched. 37, s. 19 - not in force
86 (1) Where money is paid out of the Guarantee Fund as a result of the wind up, in whole or in part, of a pension plan, the Chief Executive Officer has a lien and charge on the assets of the employer or employers who provided the pension plan.  R.S.O. 1990, c. P.8, s. 86 (1); 1997, c. 28, s. 206; 2018, c. 8, Sched. 23, s. 23. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 86 (1) of the Act is amended by striking out “in whole or in part”. (See: 2020, c. 36, Sched. 37, s. 22) Amount of lien (2) The lien and charge is in an amount equal to the amount of the payment out of the Guarantee Fund plus interest thereon calculated at the rate and in the manner prescribed by the regulations.  R.S.O. 1990, c. P.8, s. 86 (2). Real property (3) The lien and charge does not affect assets that are real property until a notice of the lien and charge that includes a description of the real property is registered in the proper land registry office, and the Chief Executive Officer may so register notice of the lien and charge.  R.S.O. 1990, c. P.8, s. 86 (3); 1997, c. 28, s. 206; 2018, c. 8, Sched. 23, s. 23. Subrogation (4) The Chief Executive Officer is subrogated to the rights of the administrator of a pension plan in respect of which the Chief Executive Officer authorizes payment from the Guarantee Fund in satisfaction of a pension, deferred pension, pension benefit or contribution guaranteed under section 84 (guaranteed benefits).  R.S.O. 1990, c. P.8, s. 86 (4); 1997, c. 28, s. 206; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 206 - 01/07/1998 2010, c. 9, s. 74 - no effect - see 2020, c. 36, Sched. 37, s. 25 - 08/12/2020 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 2020, c. 36, Sched. 37, s. 22 - not in force
86.1 (1) The Minister shall periodically conduct a review of the provisions of this Act and the regulations related to the Guarantee Fund. 2018, c. 8, Sched. 23, s. 14. Period for review (2) The first review shall be completed within three years after the day this section comes into force. 2018, c. 8, Sched. 23, s. 14. Subsequent reviews (3) Each subsequent review shall be completed within five years after the day the previous review was completed. 2018, c. 8, Sched. 23, s. 14. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 14 - 08/05/2018 Chief Executive Officer’s Orders Chief Executive Officer’s orders
88 (1) A person who is required to comply with an order made under subsection 87 (6) is entitled to a hearing by the Tribunal about the order if the person delivers a written request to the Tribunal within 30 days after a copy of the order is served on the person.  2010, c. 24, s. 40. Effect of request (2) The request for a hearing by the Tribunal does not stay the order, but the Tribunal may grant a stay until it disposes of the request.  2010, c. 24, s. 40. Hearing (3) Upon receiving the request made in accordance with subsection (1), the Tribunal shall appoint a time for and hold the hearing.  2010, c. 24, s. 40. Parties (4) The parties to the hearing are the person who requests the hearing, the Chief Executive Officer and such other persons as the Tribunal specifies.  2010, c. 24, s. 40; 2018, c. 8, Sched. 23, s. 23. Power of Tribunal (5) At or after the hearing, the Tribunal by order may confirm, vary or revoke the order or substitute another order.  2010, c. 24, s. 40. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 207 (1, 2) - 01/07/1998; 1999, c. 15, s. 15 - 03/03/2000 2010, c. 9, s. 75 - 01/07/2017; 2010, c. 24, s. 40 - 01/07/2017 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 Notices of, and Appeals From, Intended Decisions and Orders Notices and hearings
91 (1) A party to a proceeding before the Tribunal under section 88 or 89 may appeal to the Divisional Court from the decision or order of the Tribunal.  1997, c. 28, s. 210 (1); 2010, c. 9, s. 78. Certified copy of record (2) Upon the request of a party desiring to appeal to the Divisional Court and upon payment of the fee established by the Minister, the Tribunal shall furnish the party with a certified copy of the record of the proceeding, including the documents received in evidence and the decision or order appealed from.  R.S.O. 1990, c. P.8, s. 91 (2); 1997, c. 28, s. 210 (2). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 210 (1, 2) - 01/07/1998 2010, c. 9, s. 78 - 01/07/2017 92 Repealed:  1997, c. 28, s. 211. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 211 - 01/07/1998 Financial Services Regulatory Authority of Ontario 93 Repealed:  2010, c. 1, Sched. 23, s. 11. Section Amendments with date in force (d/m/y) 1999, c. 15, s. 16 - 03/03/2000 2006, c. 21, Sched. F, s. 136 (1)
- 25/07/2007; 2006, c. 33, Sched. Z.1, s. 1 - 20/12/2006 2010, c. 1, Sched. 23, s. 11 - 01/10/2010 94 Repealed:  1997, c. 28, s. 213 (1). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 213 (1) - 01/07/1998
95 (1) The Authority may, subject to the approval of the Lieutenant Governor in Council, (a)  enter into agreements with the authorized representatives of another province or the Government of Canada to provide for the reciprocal application and enforcement of pension benefits legislation, the reciprocal registration, audit and inspection of pension plans and for the establishment of a Canadian association of pension supervisory authorities; (b)  authorize a Canadian association of pension supervisory authorities to carry out such duties on behalf of the Authority as the Authority may require; and (c)  delegate to a pension supervisory authority or the government of a designated jurisdiction such functions and powers under this Act as the Authority may determine and the Authority may accept similar delegations of functions and powers from a pension supervisory authority or the government of a designated jurisdiction.  R.S.O. 1990, c. P.8, s. 95 (1); 2010, c. 1, Sched. 23, s. 12 (1, 2); 2018, c. 8, Sched. 23, s. 16. Same (2) Without limiting the generality of subsection (1), an agreement may provide for, (a)  the delegation of any powers and duties of the Chief Executive Officer under this Act and the regulations to a pension supervisory authority or the government of a designated jurisdiction; (b)  the delegation to the Chief Executive Officer of any powers and duties of a pension supervisory authority or of the government of a designated jurisdiction under pension benefits legislation.  1999, c. 15, s. 17; 2010, c. 1, Sched. 23, s. 12 (3-5); 2018, c. 8, Sched. 23, s. 23. Delegation to the Chief Executive Officer (3) The Chief Executive Officer may accept a delegation described in clause (2) (b).  1999, c. 15, s. 17; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1999, c. 15, s. 17 - 03/03/2000 2010, c. 1, Sched. 23, s. 12 (1-5)
- 01/10/2010 2018, c. 8, Sched. 23, s. 16, 23 - 08/06/2019 96 Repealed:  1997, c. 28, s. 213 (1). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 213 (1) - 01/07/1998
97 (1) It is a function of the Chief Executive Officer to conduct surveys and research programs and to compile statistical information related to pensions and pension plans.  R.S.O. 1990, c. P.8, s. 97 (1); 1997, c. 28, s. 214; 2018, c. 8, Sched. 23, s. 23. Provision of information (2) The Chief Executive Officer may request an employer or an administrator or a member of a pension plan to provide information necessary to compile the statistical information and such persons shall comply with the request within a reasonable period of time.  R.S.O. 1990, c. P.8, s. 97 (2); 1997, c. 28, s. 214; 2018, c. 8, Sched. 23, s. 23. Confidentiality (3) The Chief Executive Officer shall use the information only for the purpose of compiling the statistical information.  R.S.O. 1990, c. P.8, s. 97 (3); 1997, c. 28, s. 214; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 214 - 01/07/1998 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
98 (1) The Chief Executive Officer may, by order, require an employer, an administrator or any other person to give such information as the order specifies to the Chief Executive Officer or a person designated by the Chief Executive Officer for the purpose of enabling the Chief Executive Officer or designate to ascertain whether this Act and the regulations are being complied with.  2010, c. 24, s. 43; 2018, c. 8, Sched. 23, s. 23. Contents (2) Without limiting the generality of subsection (1), the order may require the administrator to secure an appraisal of any or all of the assets of the pension fund by one or more independent valuators and provide the appraisal to the Chief Executive Officer or designate or it may authorize the Chief Executive Officer to obtain an appraisal at the administrator’s expense.  2010, c. 24, s. 43; 2018, c. 8, Sched. 23, s. 23. Same (3) The order may specify the form in which information is to be provided and the time within which it is to be provided to the Chief Executive Officer or designate.  2010, c. 24, s. 43; 2018, c. 8, Sched. 23, s. 23. Same (4) The order has no effect unless the reasons for the order are set out in it.  2010, c. 24, s. 43. Enforcement (5) An order under this section, excluding the reasons for the order, may be filed in the Superior Court of Justice and upon being filed it is enforceable as an order of that court.  2010, c. 24, s. 43. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 215 - 01/07/1998 2010, c. 24, s. 43 - 08/12/2010 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2018, c. 8, Sched. 23, s. 17) Duty to notify re disclosable event 98.1 (1) A prescribed person or entity shall, as soon as reasonably practicable after a disclosable event has occurred, give notice of the disclosable event to the Chief Executive Officer. 2018, c. 8, Sched. 23, s. 17; 2018, c. 8, Sched. 23, s. 23. Duty to notify in advance (2) In prescribed circumstances, the regulations may require a prescribed person or entity to give notice to the Chief Executive Officer
of a disclosable event in advance of the disclosable event occurring. 2018, c. 8, Sched. 23, s. 17; 2018, c. 8, Sched. 23, s. 23. Same (3) If subsection (2) applies, the notice must be given before the beginning of a prescribed period ending with the date of the disclosable event in question. 2018, c. 8, Sched. 23, s. 17. Requirements re notice (4) A notice required under this section must be in writing and must contain such information as may be prescribed. 2018, c. 8, Sched. 23, s. 17. Definition (5) In this section, “disclosable event” means a prescribed event that relates to a pension plan or an employer. 2018, c. 8, Sched. 23, s. 17. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 17 - not in force; 2018, c. 8, Sched. 23, s. 23- 08/06/2019
99 Every person entrusted by the Chief Executive Officer with the custody or control of money in the course of employment shall give security in the manner and form provided by the Public Officers Act.  R.S.O. 1990, c. P.8, s. 99; 1997, c. 28, s. 216; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 216 - 01/07/1998 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 Agreements with Designated Jurisdictions
101 (1) An agreement under section 100 is enforceable with respect to a designated multi-jurisdictional pension plan as if the agreement formed part of this Act and, in case of a conflict between the agreement and this Act or the regulations, the agreement prevails.  2010, c. 1, Sched. 23, s. 13. Exception (2) Sections 84 and 85 prevail over an agreement under section 100.  2010, c. 1, Sched. 23, s. 13. Restriction (3) An agreement under section 100 is not enforceable until it is published in The Ontario Gazette.  2010, c. 1, Sched. 23, s. 13. Status of agreement (4) An agreement under section 100 is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2010, c. 1, Sched. 23, s. 13. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 217 - 01/07/1998 2010, c. 1, Sched. 23, s. 13 - 01/10/2010 Exemptions and Special Arrangements
101.2 (1) This section applies with respect to a pension plan that is an individual pension plan or a designated plan for the purposes of the Income Tax Act (Canada) that is established after the day section 6 of Schedule 18 to the Better for People, Smarter for Business Act, 2020
comes into force and all the members of which are, as of the date on which the pension plan is established, connected with the employer within the meaning of subsection 8500 (3) of the Income Tax Regulations
(Canada). 2020, c. 34, Sched. 18, s. 6. Exemption (2) The pension plan is exempt from the application of this Act, the regulations and the Authority rules, except as necessary to give effect to this section, as of the date on which the pension plan is established. 2020, c. 34, Sched. 18, s. 6. Same (3) The powers and duties conferred on or assigned to the Chief Executive Officer, the Authority, the Tribunal or any other person, body or court on or to whom powers and duties related to the enforcement of this Act, the regulations or the Authority rules are conferred or assigned, do not apply in respect of any matter relating to the pension plan. However, those powers and duties do apply in respect of the restriction set out in subsection (5). 2020, c. 34, Sched. 18, s. 6. No registration (4) For greater certainty, the administrator of the pension plan shall not apply to the Chief Executive Officer for registration of the pension plan under this Act. 2020, c. 34, Sched. 18, s. 6. Restriction re new members (5) After the date on which the exemption becomes effective, no person may become a member of the pension plan unless the person is connected with the employer within the meaning of subsection 8500 (3) of the Income Tax Regulations (Canada) on the date on which they become a member. 2020, c. 34, Sched. 18, s. 6. Exemption not cancelled (6) An exemption under this section continues to apply with respect to a pension plan even if a member, former member or retired member who was connected with the employer within the meaning of subsection 8500 (3) of the Income Tax Regulations (Canada) ceases to be connected with the employer after the date on which the exemption became effective. 2020, c. 34, Sched. 18, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 18, s. 6 - 08/12/2020
101.3 (1) If a pension plan’s registration under the Income Tax Act
(Canada) was revoked on or before the day section 6 of Schedule 18 to the Better for People, Smarter for Business Act, 2020 comes into force and, immediately before the day on which the notice of revocation under subsection 147.1 (13) of the Income Act (Canada) was dated, the pension plan was an individual pension plan or a designated plan for the purposes of that Act, the pension plan is exempt from the application of this Act, the regulations and the Authority rules as of the day section 6 of Schedule 18 to the Better for People, Smarter for Business Act, 2020 comes into force. 2020, c. 34, Sched. 18, s. 6. Same (2) If a pension plan’s registration under the Income Tax Act (Canada) is revoked after the day section 6 of Schedule 18 to the Better for People, Smarter for Business Act, 2020 comes into force and, immediately before the day on which the notice of revocation under subsection 147.1 (13) of the Income Act (Canada) was dated, the pension plan was an individual pension plan or a designated plan for the purposes of that Act, the pension plan is exempt from the application of this Act, the regulations and the Authority rules as of the day on which the notice of revocation is dated. 2020, c. 34, Sched. 18, s. 6. Effect of exemption (3) If a pension plan is exempt from the application of this Act, the regulations and the Authority rules under subsection (1) or (2), (a)  the exemption applies in respect of any matter relating to the pension plan as of the date on which the exemption became effective, including in respect of any benefits or entitlements accrued under the pension plan, whether the matter arose or the benefits or entitlements accrued before or after that date; and (b)  the powers and duties conferred on or assigned to the Chief Executive Officer, the Authority, the Tribunal or any other person, body or court on or to whom powers and duties related to the enforcement of this Act, the regulations or the Authority rules are conferred or assigned, do not apply in respect of any matter relating to the pension plan as of the date on which the exemption became effective, including in respect of any benefits or entitlements accrued under the pension plan, whether the matter arose or the benefits or entitlements accrued before or after that date. 2020, c. 34, Sched. 18, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 18, s. 6 - 08/12/2020
102 (1) This section applies with respect to the following pension plans: 1.  The pension plan known as the Nortel Networks Limited Managerial and Non-Negotiated Pension Plan, registered under this Act as number 0342048. 2.  The pension plan known as the Nortel Networks Negotiated Pension Plan, registered under this Act as number 0587766.  2011, c. 9, Sched. 35, s. 10. Transfer re pension (2) A person who is receiving a pension from a Nortel pension plan as of the date of the wind up of the plan is entitled, despite subsection 73 (2), to require the administrator to transfer an amount equal to the commuted value of the person’s pension into a life income fund that satisfies the prescribed requirements.  2012, c. 8, Sched. 44, s. 8. Restriction (2.1) However, the person’s entitlement to the transfer is subject to such conditions and restrictions as may be prescribed.  2012, c. 8, Sched. 44, s. 8. Direction (3) The person may exercise his or her entitlement by delivering a direction to the administrator within the prescribed period, and the direction must be in a form approved by the Chief Executive Officer and must contain the prescribed information.  2011, c. 9, Sched. 35, s. 10; 2018, c. 8, Sched. 23, s. 23. Compliance (4) The administrator shall comply with the direction within the prescribed period of time after it is delivered.  2011, c. 9, Sched. 35, s. 10. Discharge of administrator (5) The administrator is discharged on making the payment in accordance with the direction of the person if the payment complies with this Act and the regulations.  2011, c. 9, Sched. 35, s. 10. Life income fund (6) In this section, “life income fund” has the meaning assigned in the regulations.  2011, c. 9, Sched. 35, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 217 - 01/07/1998 2011, c. 9, Sched. 35, s. 10 - 12/05/2011 2012, c. 8, Sched. 44, s. 8 - 20/06/2012 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
102.2 (1) This section applies with respect to the following pension plans: 1.  The pension plan known as The Essar Steel Algoma Inc. Pension Plan for Salaried Employees, registered under this Act as number 1079896. 2.  The pension plan known as The Essar Steel Algoma Inc. Pension Plan for Hourly Employees, registered under this Act as number 1079904. 2017, c. 34, Sched. 33, s. 38. Prescribed exemptions, s. 57 (2) The Lieutenant Governor in Council may make regulations exempting Essar Steel Algoma Inc. or a successor employer from subsection 57 (3), (4), (5) or (6), if (a)  Essar Steel Algoma Inc., the successor employer, if any, and the parties specified by regulation have entered into an agreement related to the application of those provisions in respect of the contributions to the pension plan by Essar Steel Algoma Inc. or by the successor employer; and (b)  the Chief Executive Officer has approved the agreement in accordance with subsection (3). 2017, c. 34, Sched. 33, s. 38; 2018, c. 8, Sched. 23, s. 19. Chief Executive Officer’s approval of agreement (3) The Chief Executive Officer may approve an agreement under this section if, (a)  after consulting with members, former members, retired members and other persons entitled to benefits under the pension plan, the Chief Executive Officer has taken into account their interests; and (b)  the agreement satisfies such conditions or restrictions as may be prescribed. 2017, c. 34, Sched. 33, s. 38; 2018, c. 8, Sched. 23, s. 19. Decision to approve, etc. (4) A decision by the Chief Executive Officer under subsection (3) to approve or not to approve an agreement is final and is not subject to a hearing or an appeal. 2017, c. 34, Sched. 33, s. 38; 2018, c. 8, Sched. 23, s. 19. Restrictions, etc. (5) A regulation under this section may be subject to prescribed limitations, conditions or restrictions. 2017, c. 34, Sched. 33, s. 38. Interpretation (6) For purposes of this section, “successor employer” means a person who acquires the business of Essar Steel Algoma Inc., if the person assumes some or all of Essar Steel Algoma Inc.’s obligations and rights under a pension plan to which this section applies in connection with the acquired business. 2017, c. 34, Sched. 33, s. 38. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 33, s. 38 - 23/10/2018 2018, c. 8, Sched. 23, s. 19 - 08/06/2019
102.3 (1) This section applies with respect to The Essar Steel Algoma Inc. Wrap Pension Plan, registered under this Act as number 1079888. 2018, c. 17, Sched. 33, s. 12. Prescribed exemptions, s. 55 (2) If the conditions set out in subsection (3) are met, the Lieutenant Governor in Council may make regulations exempting the pension plan to which this section applies from subsection 55 (1). 2018, c. 17, Sched. 33, s. 12. Conditions (3) The conditions referred to in subsection (2) are the following: 1.  Essar Steel Algoma Inc., Algoma Steel Inc. and the parties specified by regulation must have entered into an agreement related to the application of subsection 55 (1) to the pension plan. 2.  The Chief Executive Officer must have approved the agreement in accordance with subsection (4). 2018, c. 8, Sched. 23, s. 23; 2018, c. 17, Sched. 33, s. 12. Chief Executive Officer’s approval of agreement (4) The Chief Executive Officer may approve an agreement under this section if, (a)  after consulting with former members, retired members and other persons entitled to benefits under the pension plan, the Chief Executive Officer has taken into account their interests; and (b)  the agreement satisfies such conditions or restrictions as may be prescribed. 2018, c. 17, Sched. 33, s. 12; 2018, c. 8, Sched. 23, s. 23, 24. Decision to approve, etc. (5) A decision by the Chief Executive Officer under subsection (4) to approve or not approve an agreement is final and is not subject to a hearing or an appeal. 2018, c. 8, Sched. 23, s. 23; 2018, c. 17, Sched. 33, s. 12. Prescribed exemptions, s. 57 (6) The Lieutenant Governor in Council may make regulations exempting Essar Steel Algoma Inc. or Algoma Steel Inc. from subsection 57 (3) or (4), if, (a)  Essar Steel Algoma Inc., Algoma Steel Inc. and the parties specified by regulation have entered into an agreement related to the application of those provisions in respect of the contributions to the pension plan by Essar Steel Algoma Inc. or by Algoma Steel Inc.; and (b)  the Chief Executive Officer has approved the agreement in accordance with subsection (4). 2018, c. 8, Sched. 23, s. 23; 2018, c. 17, Sched. 33, s. 12. Restrictions (7) A regulation under this section may be subject to prescribed limitations, conditions or restrictions. 2018, c. 17, Sched. 33, s. 12. Regulations, deemed employer (8) The Lieutenant Governor in Council may make regulations deeming Algoma Steel Inc. to be the employer for the purposes of this Act and the regulations in relation to the former members, retired members and other persons entitled to benefits under the pension plan to which this section applies. 2018, c. 17, Sched. 33, s. 12. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 23, 24 - 08/06/2019; 2018, c. 17, Sched. 33, s. 12 - 06/12/2018
102.4 (1) Defined benefits provided under The Pension Plan of Canadian Press Enterprises Inc., registered under this Act as number 0237537, are deemed not to have been guaranteed by the Guarantee Fund during the period that began on January 1, 1980 and ended on June 30, 2019. 2020, c. 36, Sched. 37, s. 23. Same (2) Defined benefits provided under the Canadian Press Enterprises Inc. Pension Plan for Employees Represented by the Canadian Media Guild, registered under this Act as number 1031848, are deemed not to have been guaranteed by the Guarantee Fund during the period that began on January 1, 1996 and ended on June 30, 2019. 2020, c. 36, Sched. 37, s. 23. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 37, s. 23 - 08/12/2020 General
103 The Lieutenant Governor in Council may establish or designate an agency for the purposes, among others, of receiving, holding and disbursing pension benefits under this Act.  R.S.O. 1990, c. P.8, s. 103.
104 Every pension plan that was registered and that continued to be qualified for registration under the Pension Benefits Act, being chapter 373 of the Revised Statutes of Ontario, 1980, immediately before the 1st day of January, 1988 is deemed to be registered.  R.S.O. 1990, c. P.8, s. 104. Extension of time
105 (1) Upon application by an affected person, the Chief Executive Officer may extend the following time limits, before or after they have expired, if the Chief Executive Officer is satisfied that there are reasonable grounds for doing so: 1.  A procedural time limit related to the powers and duties of the Chief Executive Officer under this Act or the regulations.  2010, c. 24, s. 44; 2018, c. 8, Sched. 23, s. 23. Filing deadlines (2) Upon application by an affected person, the Chief Executive Officer may extend the following time limits subject to the limits indicated, before or after they have expired, if the Chief Executive Officer is satisfied that there are reasonable grounds for doing so: 1.  A time limit related to the filing of such documents as may be prescribed that, under this Act or the regulations, must be filed.  The time limit may be extended for a maximum of 60 days and, if the Chief Executive Officer is satisfied that extraordinary grounds exist and that no person will be unduly prejudiced, for further periods.  2010, c. 24, s. 44; 2018, c. 8, Sched. 23, s. 23. Conditions (3) When extending a time limit under this section, the Chief Executive Officer may impose such conditions as he or she considers appropriate in the circumstances.  2010, c. 24, s. 44; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 218 - 01/07/1998 2010, c. 24, s. 44 - 01/01/2014 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 Examinations, investigations and inquiries
106.1 The Chief Executive Officer may order an administrator, an employer or any other person to pay all or part of the cost of preparing any report required by this Act or the regulations, if the Chief Executive Officer considers it to be reasonable and fair in the circumstances to do so.  1999, c. 15, s. 19; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1999, c. 15, s. 19 - 03/03/2000 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
107 (1) No person shall hinder or obstruct a person mentioned in subsection 106 (1) who is lawfully carrying out a duty under this Act. Private residence (2) A refusal of consent to enter a private residence is not and shall not be deemed to be hindering or obstructing within the meaning of subsection (1).  R.S.O. 1990, c. P.8, s. 107.