jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1 (1) For the purposes of this Act, an individual is a retired member of a pension plan if he or she has either terminated the employment that relates to the pension plan or has terminated membership in the pension plan and if one or more of the following criteria is also satisfied: 1.  The individual is receiving a pension payable from the pension fund. 2.  He or she is entitled to begin to receive a pension from the pension fund by virtue of having reached the normal retirement date under the pension plan, even though he or she has not yet elected to receive the pension. 3.  He or she has elected, under subsection 41 (1), to receive an early retirement pension. 4.  He or she has elected, under the terms of the pension plan, to begin payment of a pension payable from the pension fund, whether or not receipt of the first payment of the pension is deferred until a later date.  2010, c. 9, s. 2. Former member (2) For the purposes of this Act, an individual is a former member of a pension plan if he or she has either terminated the employment that relates to the pension plan or has terminated membership in the pension plan and if either of the following criteria is also satisfied: 1.  The individual is entitled to a deferred pension payable from the pension fund. 2.  He or she is entitled to receive any other payment from the pension fund.  2010, c. 9, s. 2. Exception (3) Despite subsection (2), if an individual is a retired member of a pension plan, the individual is not a former member of the pension plan.  2010, c. 9, s. 2. Neither (4) An individual who was a member of a pension plan is neither a former member nor a retired member of the pension plan if either of the following criteria are satisfied: 1.  The individual has transferred an amount equal to the commuted value of the individual’s pension or deferred pension under section 42 in connection with the pension plan. 2.  The individual is not receiving a pension payable from the pension fund and the individual has transferred the entire amount of the individual’s variable benefit account under subsection 39.1 (4) in connection with the pension plan. 2015, c. 20, Sched. 34, s. 1; 2016, c. 37, Sched. 19, s. 1 (2). (5) Repealed: 2017, c. 8, Sched. 27, s. 2. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 2 - 01/07/2012 2015, c. 20, Sched. 34, s. 1 - 01/01/2020 2016, c. 37, Sched. 19, s. 1 (1) - 8/12/2016; 2016, c. 37, Sched. 19, s. 1 (2) - 01/01/2020 2017, c. 8, Sched. 27, s. 2 - 01/01/2020 Application
2 This Act binds the Crown.  R.S.O. 1990, c. P.8, s. 2.
3 This Act applies to every pension plan that is provided for persons employed in Ontario.  R.S.O. 1990, c. P.8, s. 3.
4 (1) For the purposes of this Act, a person shall be deemed to be employed in the province in which the establishment of his or her employer is located and to which the person is required to report for work. Idem (2) A person who is not required to report for work at an establishment of his or her employer shall be deemed to be employed in the province in which is located the establishment of his or her employer from which the person’s remuneration is paid.  R.S.O. 1990, c. P.8, s. 4.
5 The requirements of this Act and the regulations shall not be construed to prevent the registration or administration of a pension plan and related pension fund that provide pension benefits or ancillary benefits more advantageous to members than those required by this Act and the regulations.  R.S.O. 1990, c. P.8, s. 5.
5.1 (1) This section applies with respect to a designated multi-jurisdictional pension plan if there is an agreement under section 100 between the Crown and any designated jurisdiction whose pension benefits legislation applies to the pension plan.  2010, c. 1, Sched. 23, s. 2 (1). Effect of agreement (2) Without limiting the generality of section 101, the agreement governs the manner and extent to which this Act and the regulations apply with respect to the designated multi-jurisdictional pension plan.  2010, c. 1, Sched. 23, s. 2 (1). Duty of administrator (3) The administrator of the designated multi-jurisdictional pension plan shall comply with the requirements in the agreement that apply with respect to the pension plan and with any requirements imposed under the authority of the agreement.  2010, c. 1, Sched. 23, s. 2 (1). Duty of employer (4) An employer or person required to make contributions to a designated multi-jurisdictional pension plan on the employer’s behalf shall comply with the requirements in the agreement that apply with respect to the pension plan and with any requirements imposed under the authority of the agreement.  2010, c. 1, Sched. 23, s. 2 (1). Entitlement of members, etc. (5) The amount of the pension benefits, deferred pension, pension or ancillary benefits or any other amount payable under a designated multi-jurisdictional pension plan in relation to a member, former member or retired member is determined in accordance with such requirements as may be contained in the agreement.  2010, c. 1, Sched. 23, s. 2. Pension plan documents (6) This section applies despite any documents that create and support a designated multi-jurisdictional pension plan and the pension fund.  2010, c. 1, Sched. 23, s. 2 (1). Trusts (7) This section applies despite any trust that may exist in favour of any person.  2010, c. 1, Sched. 23, s. 2 (1). Section Amendments with date in force (d/m/y) 2010, c. 1, Sched. 23, s. 2 (1) - 01/10/2010; 2010, c. 1, Sched. 23, s. 2 (2) - 01/07/2012 Registration and Administration
6 (1) No person shall administer a pension plan unless a certificate of registration or an acknowledgment of application for registration of the pension plan has been issued by the Chief Executive Officer. R.S.O. 1990, c. P.8, s. 6 (1); 2018, c. 8, Sched. 23, s. 23. Application of subs. (1) (2) Subsection (1) does not apply to prevent administration during the first ninety days after the establishment of the pension plan.  R.S.O. 1990, c. P.8, s. 6 (2). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
7 (1) No person shall administer a pension plan if registration of the pension plan has been refused or revoked by the Chief Executive Officer. R.S.O. 1990, c. P.8, s. 7 (1); 2018, c. 8, Sched. 23, s. 23. Exception (2) Subsection (1) does not apply to prevent administration for the purpose of wind up of a pension plan.  R.S.O. 1990, c. P.8, s. 7 (2). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 Administrator
9 (1) Within the prescribed period of time, the administrator of a pension plan shall apply to the Chief Executive Officer for registration of the pension plan.  1999, c. 15, s. 2; 2018, c. 8, Sched. 23, s. 23. Requirements for registration (2) An application for registration shall be made by paying the fee established by the Minister and filing, (a)  a completed application in the form approved by the Chief Executive Officer; (b)  certified copies of the documents that create and support the pension plan; (c)  certified copies of the documents that create and support the pension fund; (d)  a certified copy of any reciprocal transfer agreement related to the pension plan; (e)  a certified copy of the explanations and other information provided under subsection 25 (1); (e.1)  a certification in a form approved by the Chief Executive Officer and signed by the applicant in which the applicant attests that the pension plan complies with this Act and regulations; and (f)  any other prescribed documents.  R.S.O. 1990, c. P.8, s. 9 (2); 1997, c. 28, s. 191; 2018, c. 8, Sched. 23, s. 23. Exception (2.1) The regulations may provide that the requirement to file a particular document listed in subsection (2) does not apply in specified circumstances or for prescribed classes of pension plans.  2010, c. 9, s. 4. Collective agreement (3) For the purpose of subsection (2), “document” includes “collective agreement”.  R.S.O. 1990, c. P.8, s. 9 (3). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 191 (1-3) - 01/01/1998; 1999, c. 15, s. 2 - 03/03/2000 2010, c. 9, s. 4 - 18/05/2010 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
12 (1) The administrator of a pension plan shall apply to the Chief Executive Officer, within sixty days after the date on which the pension plan is amended, for registration of the amendment.  R.S.O. 1990, c. P.8, s. 12 (1); 2018, c. 8, Sched. 23, s. 23. Requirements for registration (2) An application for registration of an amendment shall be made by paying the fee established by the Minister and filing, (a)  a certified copy of the amending document; (b)  certified copies of any other prescribed documents; (b.1)  a certification in a form approved by the Chief Executive Officer and signed by the administrator of the pension plan in which the administrator attests that the amendment complies with this Act and the regulations; and (c)  any other prescribed information.  R.S.O. 1990, c. P.8, s. 12 (2); 1997, c. 28, s. 192; 2018, c. 8, Sched. 23, s. 23. Exception (2.1) The regulations may provide that the requirement to file a particular document or information described in subsection (2) does not apply in specified circumstances or for prescribed classes of pension plans.  2010, c. 9, s. 7. Filing of changes (3) The administrator of a pension plan shall file a certified copy of each document that changes the documents that create and support the pension plan or pension fund.  R.S.O. 1990, c. P.8, s. 12 (3). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 192 (1, 2) - 01/01/1998 2010, c. 9, s. 7 - 18/05/2010 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
13 (1) An amendment to a pension plan is not effective until the administrator of the plan files an application for registration of the amendment and the application meets the requirements of section 12.  1997, c. 28, s. 193. Retroactive amendment (2) An amendment to a pension plan may be made effective as of a date before the date on which the amendment is registered.  R.S.O. 1990, c. P.8, s. 13 (2). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 193 - 01/01/1998
14 (1) An amendment to a pension plan is void if the amendment purports to reduce, (a)  the amount or the commuted value of a pension benefit accrued under the pension plan with respect to employment before the effective date of the amendment; (b)  the amount or the commuted value of a pension or a deferred pension accrued under the pension plan; or (c)  the amount or the commuted value of an ancillary benefit for which a member, former member or retired member has met all eligibility requirements under the pension plan necessary to exercise the right to receive payment of the benefit.  R.S.O. 1990, c. P.8, s. 14 (1); 2010, c. 9, s. 8 (1). Application of subs. (1) (2) Subsection (1) does not apply in respect of a multi-employer pension plan established pursuant to a collective agreement or a trust agreement.  R.S.O. 1990, c. P.8, s. 14 (2). Idem (3) Subsection (1) does not apply in respect of a pension plan that provides defined benefits if the obligation of the employer to contribute to the pension fund is limited to a fixed amount set out in a collective agreement.  R.S.O. 1990, c. P.8, s. 14 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, section 14 of the Act is amended by adding the following subsection: (See: 2020, c. 36, Sched. 37, s. 2) Same, target benefits (3.1) Subsection (1) does not apply in respect of a pension plan that provides only target benefits or in respect of that part of a pension plan that provides target benefits. 2020, c. 36, Sched. 37, s. 2. Same (4) Subsection (1) does not apply with respect to an amendment that relates to a transfer of assets authorized by section 80, 80.2 or 81 and that affects the transferred members.  2010, c. 9, s. 8 (2, 3); 2011, c. 9, Sched. 35, s. 1 (1); 2014, c. 7, Sched. 26, s. 14; 2016, c. 5, Sched. 22, s. 4. (5) Repealed: 2019, c. 15, Sched. 29, s. 1. Same, conversion of pension plan (6) Subsection (1) does not apply with respect to an amendment that relates to a transfer of assets under section 80.4 from a single employer pension plan to a jointly sponsored pension plan. 2014, c. 7, Sched. 26, s. 2 (2). Same (7) Subsection (1) does not apply with respect to an amendment that relates to the conversion under section 81.0.1 of a single employer pension plan into a jointly sponsored pension plan. 2014, c. 7, Sched. 26, s. 2 (3). Section Amendments with date in force (d/m/y) 2010, c. 9, s. 8 (1) - 01/07/2012;
2010, c. 9, s. 8 (2) - 01/01/2014;
2010, c. 9, s. 8 (3) - see 2014, c. 7, Sched. 26, s.14 - see 2016, c. 5, Sched. 22, s. 4 - 01/07/2017;
2010, c. 24, s. 4 (1) - no effect - see 2020, c. 36, Sched. 37, s. 24 - 08/12/2020; 2010, c. 24, s. 4 (2) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020 2011, c. 9, Sched. 35, s. 1 (1, 2)
- 01/01/2014 2014, c. 7, Sched. 26, s. 2 (1) - 24/07/2014; 2014, c. 7, Sched. 26, s. 2 (2, 3)
- 01/11/2015 2016, c. 5, Sched. 22, s. 4 - 19/04/2016 2019, c. 15, Sched. 29, s. 1 - 10/12/2019 2020, c. 36, Sched. 37, s. 2 - not in force
14.0.1 (1) An amendment relating to defined benefits is void, (a)  if the amendment purports to increase an amount described in clause 14 (1) (a), (b) or (c); and (b)  if, after the increase, the solvency ratio or the going concern funded ratio of the pension plan, determined in accordance with the regulations, would be below the prescribed level.  2010, c. 24, s. 5; 2017, c. 34, Sched. 33, s. 3 (1, 2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 14.0.1 of the Act is amended by adding the following subsection: (See: 2017, c. 34, Sched. 33, s. 3 (3)) Target benefits (1.1) An amendment relating to target benefits is void, (a)  if the amendment purports to increase an amount described in clause 14 (1) (a), (b) or (c); and (b)  if the prescribed circumstances apply. 2017, c. 34, Sched. 33, s. 3 (3). Exceptions (2) Subsection (1) does not apply if an amendment is required as a result of a judicial decision or in such other circumstances as may be prescribed.  2010, c. 24, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 14.0.1 (2) of the Act is amended by striking out “Subsection (1) does not apply” at the beginning and substituting “Subsections (1) and (1.1) do not apply”. (See: 2017, c. 34, Sched. 33, s. 3 (4)) Section Amendments with date in force (d/m/y) 2010, c. 24, s. 5 - 01/05/2018 2017, c. 34, Sched. 33, s. 3 (1, 2) - 01/05/2018; 2017, c. 34, Sched. 33, s. 3 (3, 4) - not in force
14.1 (1) A pension plan must provide for the accrual of pension benefits in a gradual and uniform manner.  2010, c. 9, s. 9. Variable contributions or pension benefits (2) A pension plan must not provide that the formula for computation of the employer’s contributions under the pension plan or the pension benefit provided under the pension plan is variable at the discretion of the employer.  2010, c. 9, s. 9. Variable deferred profit-sharing (3) A deferred profit-sharing pension plan or a pension plan that provides defined contribution benefits must not provide that the formula governing allocation of contributions under the pension plan and profits among members of the plan is variable at the discretion of the employer.  2010, c. 9, s. 9. Exception (4) The Chief Executive Officer may register a pension plan that does not comply with subsection (1), (2) or (3), and the Chief Executive Officer may permit the continued registration of such a plan, if the Chief Executive Officer is of the opinion that registration is justified in the circumstances of the pension plan and the members.  2010, c. 9, s. 9; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 9 - 18/05/2010 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
15 The Chief Executive Officer shall issue an acknowledgment of application for registration of a pension plan within thirty days after receiving an application for the registration that complies with section 9.  R.S.O. 1990, c. P.8, s. 15; 1997, c. 28, s. 194; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 194 - 01/01/1998 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
16 The Chief Executive Officer shall issue a certificate of registration for each pension plan registered under this Act.  R.S.O. 1990, c. P.8, s. 16; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
17 The Chief Executive Officer shall issue a notice of registration for each amendment to a pension plan registered under this Act.  R.S.O. 1990, c. P.8, s. 17; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
18 (1) The Chief Executive Officer may, (a)  refuse to register a pension plan that does not comply with this Act and the regulations; (b)  revoke the registration of a pension plan that does not comply with this Act and the regulations; (c)  revoke the registration of a pension plan that is not being administered in accordance with this Act, the regulations and the Authority rules; (d)  refuse to register an amendment to a pension plan if the amendment is void or if the pension plan with the amendment would cease to comply with this Act and the regulations; (e)  revoke the registration of an amendment that does not comply with this Act and the regulations; (f)  refuse to register part of an amendment to a pension plan if the part is void or if the pension plan with that part of the amendment would cease to comply with this Act and the regulations; (g)  revoke the registration of a part of an amendment that does not comply with this Act and the regulations.  R.S.O. 1990, c. P.8, s. 18 (1); 2010, c. 24, s. 6; 2017, c. 34, Sched. 33, s. 4; 2018, c. 8, Sched. 23, s. 23. Application of subs. (1) (2) The authority of the Chief Executive Officer under subsection (1) is subject to the right to a hearing under section 89.  R.S.O. 1990, c. P.8, s. 18 (2); 2018, c. 8, Sched. 23, s. 23. Effect of refusal or revocation (3) A refusal of registration of a pension plan or a revocation of registration of a pension plan operates to terminate the pension plan as of the date specified by the Chief Executive Officer.  R.S.O. 1990, c. P.8, s. 18 (3); 2018, c. 8, Sched. 23, s. 23. Idem (4) A refusal of registration of an amendment to a pension plan or the revocation of an amendment to a pension plan operates to terminate the amendment as of the date specified by the Chief Executive Officer.  R.S.O. 1990, c. P.8, s. 18 (4); 2018, c. 8, Sched. 23, s. 23. Wind up (5) Where registration of a pension plan is refused or revoked, the administrator shall wind up the pension plan in accordance with this Act and the regulations.  R.S.O. 1990, c. P.8, s. 18 (5). Section Amendments with date in force (d/m/y) 2010, c. 24, s. 6 - 08/12/2010 2017, c. 34, Sched. 33, s. 4 - 08/06/2019 2018, c. 8, Sched. 23, s. 23 - 08/06/2019; CTS 04 SE 18 - 3
19 (1) The administrator of a pension plan shall ensure that the pension plan and the pension fund are administered in accordance with this Act, the regulations and the Authority rules. R.S.O. 1990, c. P.8, s. 19 (1); 2017, c. 34, Sched. 33, s. 5. Application of subs. (1) (2) Subsection (1) applies whether or not the pension plan is amended to comply with this Act and the regulations. R.S.O. 1990, c. P.8, s. 19 (2). Idem (3) The administrator of a pension plan shall ensure that the pension plan and the pension fund are administered in accordance with, (a)  the filed documents in respect of which the Chief Executive Officer has issued an acknowledgment of application for registration or a certificate of registration, whichever is issued later; and (b)  the filed documents in respect of an application for registration of an amendment to the pension plan, if the application complies with this Act and the regulations and the amendment is not void under this Act. R.S.O. 1990, c. P.8, s. 19 (3); 2018, c. 8, Sched. 23, s. 23. Application of subs. (3) (4) Subsection (3) does not apply to enable the administrator to administer the pension plan contrary to this Act and the regulations. R.S.O. 1990, c. P.8, s. 19 (4). Idem, amendment (5) The administrator of a pension plan may administer or permit administration of the pension plan and the pension fund in accordance with an amendment pending registration or refusal of registration of the amendment.  R.S.O. 1990, c. P.8, s. 19 (5). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 33, s. 5 - 08/06/2019 2018, c. 8, Sched. 23, s. 23 - 08/06/2019; CTS 04 SE 18 - 3
20 (1) The administrator of a pension plan shall file each year an annual information return in respect of the pension plan within the prescribed period and in the form approved by the Chief Executive Officer and shall pay the filing fee established by the Minister.  1997, c. 28, s. 195; 2017, c. 34, Sched. 33, s. 6 (1); 2018, c. 8, Sched. 23, s. 23. Additional reports (2) The administrator of a pension plan shall file additional reports at the prescribed times and containing the prescribed information.  R.S.O. 1990, c. P.8, s. 20 (2); 2017, c. 34, Sched. 33, s. 6 (2). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 195 - 01/01/1998 2017, c. 34, Sched. 33, s. 6 (1, 2) - 08/06/2019 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
21 An administrator of a pension plan shall file a certified copy of a reciprocal transfer agreement entered into in respect of the pension plan.  R.S.O. 1990, c. P.8, s. 21. Note: On a day to be named by proclamation of the Lieutenant Governor, section 21 of the Act is amended by adding the following subsection: (See: 2020, c. 36, Sched. 37, s. 3 (1)) Requirements (2) The reciprocal transfer agreement must satisfy such requirements as may be prescribed. 2020, c. 36, Sched. 37, s. 3 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 21 of the Act is amended by adding the following subsection: (See: 2020, c. 36, Sched. 37, s. 3 (2)) Same (3) The administrator shall not transfer money or credits for employment under a reciprocal transfer agreement unless it complies with subsection (2). 2020, c. 36, Sched. 37, s. 3 (2). Section Amendments with date in force (d/m/y) 2010, c. 9, s. 10 (1, 2) - no effect - see 2020, c. 36, Sched. 37, s. 25 - 08/12/2020 2020, c. 36, Sched. 37, s. 3 (1, 2) - not in force
22 (1) The administrator of a pension plan shall exercise the care, diligence and skill in the administration and investment of the pension fund that a person of ordinary prudence would exercise in dealing with the property of another person.  R.S.O. 1990, c. P.8, s. 22 (1). Special knowledge and skill (2) The administrator of a pension plan shall use in the administration of the pension plan and in the administration and investment of the pension fund all relevant knowledge and skill that the administrator possesses or, by reason of the administrator’s profession, business or calling, ought to possess.  R.S.O. 1990, c. P.8, s. 22 (2). Member of pension committee, etc. (3) Subsection (2) applies with necessary modifications to a member of a pension committee or board of trustees that is the administrator of a pension plan and to a member of a board, agency or commission made responsible by an Act of the Legislature for the administration of a pension plan.  R.S.O. 1990, c. P.8, s. 22 (3). Conflict of interest (4) An administrator or, if the administrator is a pension committee or a board of trustees, a member of the committee or board that is the administrator of a pension plan shall not knowingly permit the administrator’s interest to conflict with the administrator’s duties and powers in respect of the pension fund.  R.S.O. 1990, c. P.8, s. 22 (4). Employment of agent (5) Where it is reasonable and prudent in the circumstances so to do, the administrator of a pension plan may employ one or more agents to carry out any act required to be done in the administration of the pension plan and in the administration and investment of the pension fund.  R.S.O. 1990, c. P.8, s. 22 (5). Trustee of pension fund (6) No person other than a prescribed person shall be a trustee of a pension fund.  R.S.O. 1990, c. P.8, s. 22 (6). Responsibility for agent (7) An administrator of a pension plan who employs an agent shall personally select the agent and be satisfied of the agent’s suitability to perform the act for which the agent is employed, and the administrator shall carry out such supervision of the agent as is prudent and reasonable.  R.S.O. 1990, c. P.8, s. 22 (7). Employee or agent (8) An employee or agent of an administrator is also subject to the standards that apply to the administrator under subsections (1), (2) and (4).  R.S.O. 1990, c. P.8, s. 22 (8). Benefits of administrator (9) The administrator of a pension plan is not entitled to any benefit from the pension plan other than pension benefits, ancillary benefits and a refund of contributions.  2010, c. 24, s. 7. Benefits of members of pension committee, etc. (10) Subsection (9) applies, with necessary modifications, to a member of a pension committee or board of trustees that is the administrator of a pension plan and to a member of a board, agency or commission made responsible by an Act for the administration of a pension plan.  2010, c. 24, s. 7. (11) Repealed:  2010, c. 24, s. 7. Section Amendments with date in force (d/m/y) 2010, c. 24, s. 7 - 08/12/2010
23 An employer shall provide to the administrator of the pension plan any information required by the administrator for the purpose of complying with the terms of the pension plan or of this Act, the regulations or the Authority rules.  R.S.O. 1990, c. P.8, s. 23; 2017, c. 34, Sched. 33, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 33, s. 7 - 08/06/2019 CTS 04 SE 18 - 3
23.1 (1) The Chief Executive Officer may, in writing, order that an administrator of a pension plan hold a meeting at which matters specified by the Chief Executive Officer are discussed. 2017, c. 8, Sched. 27, s. 3; 2018, c. 8, Sched. 23, s. 23. Same (2) The order may specify the time within which the meeting must be held. 2017, c. 8, Sched. 27, s. 3. Same (3) The Chief Executive Officer may, (a)  participate in the meeting; (b)  require the administrator to invite members, former members, retired members or any other persons entitled to benefits under the pension plan to attend the meeting; and (c)  require the administrator to permit other interested persons to attend the meeting. 2017, c. 8, Sched. 27, s. 3; 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 27, s. 3 - 17/05/2017 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
25 (1) The administrator of a pension plan shall provide in writing to each person who will be eligible or is required to become a member of the pension plan, (a)  an explanation of the provisions of the plan that apply to the person; (b)  an explanation of the person’s rights and obligations in respect of the pension plan; and (c)  any other prescribed information. R.S.O. 1990, c. P.8, s. 25 (1); 2017, c. 34, Sched. 33, s. 8. Time (2) The administrator shall provide the information mentioned in subsection (1), (a)  to each person who becomes a member within the prescribed period of time after the date on which the pension plan is established; (b)  to a person who is likely to become eligible to become a member of the pension plan, within the prescribed period of time before the date on which the person is likely to become eligible; (c)  to each person who becomes eligible to become a member of the pension plan upon becoming employed by the employer, within the prescribed period of time after the date on which the person becomes so employed. R.S.O. 1990, c. P.8, s. 25 (2). Information from employer (3) The employer shall transmit to the administrator the information necessary to enable the administrator to comply with subsection (2) and shall transmit the information in sufficient time to enable the administrator to comply with the time limits set out in that subsection. R.S.O. 1990, c. P.8, s. 25 (3). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 33, s. 8 - 08/06/2019
25.1 (1) The Chief Executive Officer may, in writing, order an administrator of a pension plan to provide members, former members, retired members and other persons entitled to benefits under the pension plan with the information that the Chief Executive Officer specifies in the order. 2017, c. 8, Sched. 27, s. 4; 2018, c. 8, Sched. 23, s. 23, 24. Same (2) The order may specify the manner in which the information is to be provided and the timeline for doing so. 2017, c. 8, Sched. 27, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 27, s. 4 - 17/05/2017 2018, c. 8, Sched. 23, s. 23, 24 - 08/06/2019 Pension plan amendments
27 (1) The administrator of a pension plan shall give to each member annually, within the prescribed period, a written statement containing the prescribed information about the pension plan, the member’s pension benefits and any ancillary benefits. 2017, c. 34, Sched. 33, s. 10. Other statements to former members, retired members (2) The administrator of a pension plan shall give to each former member and retired member, within the prescribed period, a written statement containing the prescribed information about the pension plan or about the member’s pension benefits and any ancillary benefits. 2017, c. 34, Sched. 33, s. 10. Waiver of requirement (3) The Chief Executive Officer may waive the requirement in subsection (2) in respect of a former member or retired member if the Chief Executive Officer is satisfied that the administrator of the pension plan is unable to locate the former member or retired member after making reasonable efforts to do so. 2019, c. 14, Sched. 9, s. 24. Factors to be considered (4) For the purposes of subsection (3), in determining whether the administrator has made reasonable efforts to locate the former member or retired member, the Chief Executive Officer shall consider the following factors: 1.  The amount or commuted value of the former member’s deferred pension or the retired member’s pension, as the case may be. 2.  The searches that were undertaken by the administrator, including the search methods that were used. 3.  The costs of the searches that were undertaken and the anticipated costs for additional searches. 2019, c. 14, Sched. 9, s. 24. Revocation of waiver (5) A waiver of the requirement under subsection (2) in respect of a former member or retired member is revoked on the day on which the administrator receives the former member or retired member’s contact information and, for clarity, the waiver continues to apply until it is revoked. 2019, c. 14, Sched. 9, s. 24. Duty to notify Chief Executive Officer (6) The administrator of a pension plan shall promptly notify the Chief Executive Officer if the administrator receives the contact information of the former member or retired member in respect of whom the requirement under subsection (2) was waived. 2019, c. 14, Sched. 9, s. 24. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 16 - 01/01/2015 2017, c. 8, Sched. 27, s. 5 - 17/05/2017; 2017, c. 34, Sched. 33, s. 10 - 08/06/2019 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 2019, c. 14, Sched. 9, s. 24 - 10/12/2019
28 (1) The administrator of a pension plan shall give to each member who terminates employment with the employer or otherwise ceases to be a member, or to any other person who as a result becomes entitled to a payment under the pension plan, within the prescribed period, a written statement containing the prescribed information about the benefits, rights and obligations of the member or person. 2017, c. 34, Sched. 33, s. 11. Multi-employer pension plan (2) Subsection (1) applies in respect of a multi-employer pension plan where a member ceases to be a member, but does not apply where a member terminates employment with an employer but continues to be a member. R.S.O. 1990, c. P.8, s. 28 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 33, s. 11 - 08/06/2019
30 (1) The administrator of a pension plan and the persons described in subsection 29 (1) are entitled to inspect the following records at the office of the Chief Executive Officer during the business hours of that office: 1.  The filed documents that create and support the pension plan and the pension fund. 2.  Such other prescribed documents as are filed in respect of the pension plan and the pension fund.  1999, c. 15, s. 4; 2010, c. 9, s. 18 (1); 2018, c. 8, Sched. 23, s. 23. Obtaining copies during inspection (2) Upon payment of the applicable fee, the Chief Executive Officer shall give the person making an inspection under subsection (1) a copy of any record that the person is entitled to inspect.  2010, c. 9, s. 18 (3); 2018, c. 8, Sched. 23, s. 23. Same, by mail or electronically (3) If the Chief Executive Officer receives a written request from the administrator or from a person described in subsection 29 (1) and receives payment of the applicable fee, the Chief Executive Officer shall provide prescribed records by mail or electronically to the administrator or other person in such circumstances as may be prescribed.  2010, c. 9, s. 18 (3); 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 1999, c. 15, s. 4 - 03/03/2000 2010, c. 9, s. 18 (1, 2) - 18/05/2010;
2010, c. 9, s. 18 (3) - 01/07/2012 2018, c. 8, Sched. 23, s. 23 - 08/06/2019 Electronic forms of delivery
30.1 (1) This section only applies to documents that this Act, the regulations or the Authority rules require the administrator of a pension plan to send. 2019, c. 14, Sched. 9, s. 25. Personal information (2) The administrator shall not send a document in electronic form if the document contains personal information or any prescribed information, unless the administrator sends the document by way of a secure information system that, (a)  requires the intended recipient to identify themselves prior to accessing the document; and (b)  complies with any other prescribed conditions, requirements, limitations or prohibitions, including any requirements concerning methods of identification for the purpose of clause (a). 2019, c. 14, Sched. 9, s. 25. Notice re electronic form of delivery (3) The administrator may send a notice to a member or former member by regular mail to his or her last known address, setting out, (a)  the date on which the administrator will begin to send documents in an electronic form to the member or former member; (b)  the last known email address of the member or former member; (c)  a statement explaining that the member or former member may, at any time, instruct the administrator to send documents to him or her in a written form other than electronic form; and (d)  any prescribed information. 2019, c. 14, Sched. 9, s. 25. (4) Repealed: 2023, c. 9, Sched. 27, s. 1 (1). Instruction to use non-electronic form of delivery (5) The member, former member or retired member who has received the notice referred to in subsection (3) may at any time instruct the administrator to send documents to them in a written form other than electronic form, in which case the administrator shall send the documents in a written form other than electronic form. 2023, c. 9, Sched. 27, s. 1 (2). Deemed consent to electronic form of delivery (6) The member, former member or retired member who has received the notice referred to in subsection (3) is deemed to consent to accept the documents in electronic form, unless the member, former member or retired member has instructed the administrator under subsection (5). 2019, c. 14, Sched. 9, s. 25. Prescribed requirements (7) The administrator of a pension plan shall comply with such conditions, requirements, limitations or prohibitions as may be prescribed with respect to sending a document in electronic form. 2019, c. 14, Sched. 9, s. 25. Section Amendments with date in force (d/m/y) 2010, c. 9, s. 19 - 01/07/2012 2019, c. 14, Sched. 9, s. 25 - 10/12/2019 2023, c. 9, Sched. 27, s. 1 (1, 2) - 08/06/2023
31 (1) Every employee of a class of employees for whom a pension plan is established is eligible to be a member of the pension plan. Full-time employment (2) An employee in a class of employees for whom a pension plan is maintained is entitled to become a member of the pension plan upon application at any time after completing twenty-four months of continuous full-time employment. Part-time employment (3) A pension plan may require not more than twenty-four months of less than full-time continuous employment with the employer, with the lesser of, (a)  earnings of not less than 35 per cent of the Year’s Maximum Pensionable Earnings; or (b)  700 hours of employment with the employer, in each of two consecutive calendar years immediately prior to membership in the pension plan, or such equivalent basis as is approved by the Chief Executive Officer, as a condition precedent to membership in the pension plan. R.S.O. 1990, c. P.8, s. 31 (3); 2018, c. 8, Sched. 23, s. 23 Multi-employer pension plan (4) A multi-employer pension plan may require not more than the lesser of, (a)  earnings of not less than 35 per cent of the Year’s Maximum Pensionable Earnings with one or more of the participating employers; or (b)  700 hours of employment with one or more participating employers, in each of the two consecutive calendar years immediately before the year in which membership is applied for, or such equivalent basis as is approved by the Chief Executive Officer, as a condition precedent to membership in the multi-employer pension plan. R.S.O. 1990, c. P.8, s. 31 (4); 2018, c. 8, Sched. 23, s. 23 Approval (5) The Chief Executive Officer may give the approval mentioned in subsection (3) or (4) if the Chief Executive Officer is of the opinion that the basis is equivalent in the circumstances to the earnings mentioned in the subsection.  R.S.O. 1990, c. P.8, s. 31 (5); 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
32 A member of a pension plan who is employed continuously on a less than full-time basis does not cease to be a member by reason only that he or she has earnings of less than 35 per cent of the Year’s Maximum Pensionable Earnings in a calendar year or is employed for fewer than 700 hours in a calendar year.  R.S.O. 1990, c. P.8, s. 32.
33 (1) Where there is a dispute as to whether or not an employee is a member of a class of employees for whom a pension plan is established or maintained, the Chief Executive Officer, subject to section 89, by order may require the administrator to accept the employee as a member. R.S.O. 1990, c. P.8, s. 33 (1); 2018, c. 8, Sched. 23, s. 23. Ground for order (2) The Chief Executive Officer may make the order if the Chief Executive Officer is of the opinion that, on the basis of the nature of the employment or of the terms of employment of the employee, the employee is a member of the class.  R.S.O. 1990, c. P.8, s. 33 (2); 2018, c. 8, Sched. 23, s. 23. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 23, s. 23 - 08/06/2019
34 (1) An employer may establish or maintain a separate pension plan for employees employed in less than full-time continuous employment if the separate pension plan provides pension benefits and other benefits reasonably equivalent to those provided under the pension plan maintained by the employer for employees of the same class employed in full-time continuous employment.  R.S.O. 1990, c. P.8, s. 34. Same, jointly sponsored pension plan (2) If the documents that create and support a jointly sponsored pension plan so authorize, a prescribed person or entity may establish or maintain a separate jointly sponsored pension plan for employees employed in less than full-time continuous employment if the separate plan provides pension benefits and other benefits reasonably equivalent to those provided under the jointly sponsored pension plan maintained for employees of the same class employed in full-time continuous employment.  2005, c. 31, Sched. 18, s. 4. Section Amendments with date in force (d/m/y) 2005, c. 31, Sched. 18, s. 4 - 30/04/2006 Retirement
35 (1) The normal retirement date under a pension plan submitted for registration after the 1st day of January, 1988 shall not be later than one year after the attainment of sixty-five years of age.  R.S.O. 1990, c. P.8, s. 35 (1). Transitional (2) Every pension plan registered or submitted for registration before the 1st day of January, 1988 shall be deemed to specify a normal retirement date in respect of pension benefits that accrue after the 1st day of January, 1988, that is not later than one year after attainment of sixty-five years of age, unless the pension plan specifies an earlier retirement date.  R.S.O. 1990, c. P.8, s. 35 (2). Right to pension (3) If a member of a pension plan continues employment and membership in the pension plan after reaching the normal retirement date under the plan, he or she is entitled, on termination of employment, to payment of, (a)  the pension benefits to which he or she would have been entitled upon terminating employment at the normal retirement date; and (b)  any additional pension benefits accrued under the pension plan that result from his or her employment after the normal retirement date.  2010, c. 9, s. 21. Continuation after normal retirement date (4) A member of a pension plan who continues employment after attaining the age that is the normal retirement date under the pension plan and who is not receiving a pension under the pension plan is entitled to continue membership in the pension plan and has the right to continue to accrue pension benefits under the pension plan subject to any terms of the pension plan, (a)  fixing a maximum number of years of employment or membership that can be taken into account for purposes of determining a pension benefit; or (b)  fixing a maximum amount of the pension benefit.  R.S.O. 1990, c. P.8, s. 35 (4). Section Amendments with date in force (d/m/y) 2010, c. 9, s. 21 - 18/05/2010 35.1 Section Amendments with date in force (d/m/y) 2010, c. 9, s. 22 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020
36 (1) A member of a pension plan who terminates his or her employment with the employer on or after the day on which subsection 23 (1) of the Pension Benefits Amendment Act, 2010 comes into force and before reaching the normal retirement date under the pension plan is entitled to the benefit described in subsection (3) in connection with his or her employment, if any, before January 1, 1987.  2010, c. 9, s. 23 (1). (2) Repealed:  2010, c. 9, s. 23 (1). Amount (3) The benefit is a deferred pension equal to the pension benefit provided under the pension plan as it existed on December 31, 1986 in respect of employment before January 1, 1987 in Ontario or in a designated jurisdiction, (a)  under the terms of the pension plan, with respect to employment on or after the qualification date; (b)  by an amendment to the pension plan made on or after the qualification date; and (c)  by the creation of a new pension plan on or after the qualification date.  R.S.O. 1990, c. P.8, s. 36 (3); 2010, c. 1, Sched. 23, s. 3. Application of subss. (1, 3) (4) Subsections (1) and (3) do not apply in respect of benefits that result from additional voluntary contributions.  R.S.O. 1990, c. P.8, s. 36 (4); 2010, c. 9, s. 23 (2). Section Amendments with date in force (d/m/y) 2010, c. 1, Sched. 23, s. 3 - 01/10/2010;
2010, c. 9, s. 23 (1, 2) - 01/07/2012
37 (1) A member of a pension plan who is a member on or after the day on which subsection 24 (1) of the Pension Benefits Amendment Act, 2010 comes into force and who terminates his or her employment with the employer before reaching the normal retirement date is entitled to the benefit described in subsection (3) in connection with his or her employment after December 31, 1986.  2010, c. 9, s. 24 (1). (2) Repealed:  2010, c. 9, s. 24 (1). Amount (3) The benefit is a deferred pension equal to the pension benefit provided in respect of employment in Ontario or in a designated jurisdiction, (a)  under the pension plan in respect of employment by the employer after the later of the 31st day of December, 1986 or the qualification date; (b)  under any amendment made to the pension plan after the 31st day of December, 1986; and (c)  under any new pension plan established after the 31st day of December, 1986 for members of the pension plan.  R.S.O. 1990, c. P.8, s. 37 (3); 2010, c. 1, Sched. 23, s. 4. Application of subss. (1, 3) (4) Subsections (1) and (3) do not apply in respect of benefits that result from additional voluntary contributions.  R.S.O. 1990, c. P.8, s. 37 (4); 2010, c. 9, s. 24 (2). Section Amendments with date in force (d/m/y) 2010, c. 1, Sched. 23, s. 4 - 01/10/2010;
2010, c. 9, s. 24 (1, 2) - 01/07/2012
38 (1) A person who is, (a)  a member of a multi-employer pension plan; (b)  a member of a pension plan who is employed by the employer on a less than full-time basis; or (c)  a member of a pension plan who has been laid off from employment by the employer, is entitled to terminate his or her membership in the pension plan if no contributions are paid or are required to be paid to the pension fund by or on behalf of the member for twenty-four consecutive months or for such shorter period of time as is specified in the pension plan.  R.S.O. 1990, c. P.8, s. 38 (1). Election (1.1) If the person elects to terminate his or her membership in the pension plan, the membership is terminated when the person delivers written notice of his or her election to the administrator of the pension plan or at the end of the period described in subsection (1), whichever is later.  2010, c. 9, s. 25 (1). Effect of termination (2) For the purpose of determining benefits under this Act, the person is deemed to have terminated his or her employment when his or her membership in the pension plan is terminated.  2010, c. 9, s. 25 (2). Application of subss. (1, 2) (3) Subsections (1) and (2) do not apply if contributions are not paid or are not required to be paid because the person has become a member of another pension plan and there is a reciprocal transfer agreement respecting the two pension plans.  R.S.O. 1990, c. P.8, s. 38 (3). Determination of entitlement (4) For the purpose of determining entitlement to a deferred pension, a member of a multi-employer pension plan who terminates employment with a participating employer or an employer on whose behalf contributions are made under the pension plan shall be deemed not to have terminated employment until the member terminates membership in the pension plan.  R.S.O. 1990, c. P.8, s. 38 (4). Certification of new bargaining agent (5) Where a member of a multi-employer pension plan is represented by a trade union, which, in accordance with section 62 of the
Labour Relations Act, 1995, ceases to represent the member, and the member joins a different pension plan, the member is entitled to terminate membership in the first plan.  R.S.O. 1990, c. P.8, s. 38 (5); 2004, c. 31, Sched. 31, s. 2. Application of subs. (5) (6) Subsection (5) does not apply where there is a reciprocal agreement respecting the two pension plans.  R.S.O. 1990, c. P.8, s. 38 (6). Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 31, s. 2 - 16/12/2004 2010, c. 9, s. 25 (1, 2) - 18/05/2010 Benefits