Acts and Regulations

91-195 - General

Section 35
Disposition versions

Full text
Contributions to be made by employer
35(1)Every pension plan shall contain provisions establishing the requirements of the employer, or of a person required to make contributions on behalf of an employer, to make contributions under the plan in respect of the normal cost and of any going concern unfunded liability and solvency deficiency under the plan.
35(2)Subject to sections 37 and 40 and subsection 41(1), an employer required to make contributions under a pension plan, or a person required to make contributions on behalf of an employer, shall make the contributions to the pension fund or, if pension benefits under the plan are paid by an insurance company, to the insurance company, in amounts that are not less than the sum of
(a) any contributions received from members, including any amounts withheld from members by payroll deduction or otherwise as the members’ contributions under the plan and any additional voluntary contributions permitted under the plan,
(b) employer contributions respecting the normal cost of the plan, as established under the plan or in the actuarial valuation report or cost certificate respecting the plan most recently filed under this Regulation,
(c) the total amount of any special payments to amortize an experience deficiency, an initial unfunded liability, an actuarial loss, a going concern unfunded liability or a solvency deficiency as determined in accordance with section 36, and
(d) any amount required to be contributed or remitted under subsection 19(9) or paragraph 19(11)(a).
35(3)Contributions and payments made under subsection (2) shall be made by the employer or person required to make contributions on behalf of the employer
(a) in respect of contributions referred to in paragraph (2)(a), within fifteen days after the last day of the month in which the contribution or amount was received or withheld,
(b) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred before the commencement of section 49 of the Act, within one hundred and twenty days after the last day of the pension plan year in which the normal cost was incurred,
(c) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred on or after the commencement of section 49 of the Act,
(i) for a defined contribution plan, within thirty days after the last day of the month in which the normal cost is incurred,
(ii) for a defined benefit plan, within thirty days after the last day of the month in which the normal cost is incurred if payment of the contributions at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, and
(iii) for a defined benefit plan in circumstances other than those described in subparagraph (ii)
(A) for a plan with a solvency ratio of less than one hundred per cent, within ninety days after the last day of the month in which the normal cost is incurred, or
(B) for a plan with a solvency ratio of one hundred per cent or greater, within one hundred and twenty days after the last day of the pension plan year in which the normal cost is incurred,
(d) in respect of any special payments referred to in paragraph (2)(c) relating to a pension plan year commencing before the commencement of section 49 of the Act, within thirty days after the last day of the pension plan year,
(e) in respect of any special payments referred to in paragraph (2)(c) for a defined benefit plan, relating to a pension plan year commencing on or after the commencement of section 49 of the Act,
(i) if payment of the special payments at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, within thirty days after the last day of the month to which the payment relates, and
(ii) in circumstances other than those described in subparagraph (i), within ninety days after the last day of the month to which the payment relates, and
(f) in respect of amounts referred to in paragraph (2)(d)
(i) for amounts required to be contributed under subsection 19(9), within thirty days after the date on which the first actuarial valuation report subsequent to the substitute report filed under subsection 9(3) is filed under this Regulation, and
(ii) for amounts required to be remitted under paragraph 19(11)(a), within thirty days after the date of the termination of employment, cessation of membership or division of benefit to which the transfer deficiency relates.
35(4)Contributions and payments required to be made under subsection (2) shall be adjusted, if appropriate, immediately after each new actuarial valuation report or cost certificate is filed under this Regulation by the administrator.
35(5)An employer or person required to make contributions on behalf of an employer under a pension plan shall continue to make the contributions and payments in accordance with the most recently filed actuarial valuation report or cost certificate until a new report or certificate is filed under this Regulation and the contributions and payments are adjusted accordingly.
35(6)Subsections (1) to (5) do not apply to a defined benefit plan established under
(a) one or more collective agreements, or
(b) a trust agreement,
in which the requirement that an employer or person required to make contributions on behalf of an employer contribute to the pension fund is limited solely to a fixed amount established in a collective agreement or trust agreement.
2015-59; 2020-51
Contributions to be made by employer
35(1)Every pension plan shall contain provisions establishing the requirements of the employer, or of a person required to make contributions on behalf of an employer, to make contributions under the plan in respect of the normal cost and of any experience deficiency, initial unfunded liability, actuarial loss and solvency deficiency under the plan.
35(2)Subject to sections 37 and 40 and subsection 41(1), an employer required to make contributions under a pension plan, or a person required to make contributions on behalf of an employer, shall make the contributions to the pension fund or, if pension benefits under the plan are paid by an insurance company, to the insurance company, in amounts that are not less than the sum of
(a) any contributions received from members, including any amounts withheld from members by payroll deduction or otherwise as the members’ contributions under the plan and any additional voluntary contributions permitted under the plan,
(b) employer contributions respecting the normal cost of the plan, as established under the plan or in the actuarial valuation report or cost certificate respecting the plan most recently filed under this Regulation,
(c) the total amount of any special payments to amortize an experience deficiency, an initial unfunded liability, an actuarial loss, a going concern unfunded liability or a solvency deficiency as determined in accordance with section 36, and
(d) any amount required to be contributed or remitted under subsection 19(9) or paragraph 19(11)(a).
35(3)Contributions and payments made under subsection (2) shall be made by the employer or person required to make contributions on behalf of the employer
(a) in respect of contributions referred to in paragraph (2)(a), within fifteen days after the last day of the month in which the contribution or amount was received or withheld,
(b) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred before the commencement of section 49 of the Act, within one hundred and twenty days after the last day of the pension plan year in which the normal cost was incurred,
(c) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred on or after the commencement of section 49 of the Act,
(i) for a defined contribution plan, within thirty days after the last day of the month in which the normal cost is incurred,
(ii) for a defined benefit plan, within thirty days after the last day of the month in which the normal cost is incurred if payment of the contributions at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, and
(iii) for a defined benefit plan in circumstances other than those described in subparagraph (ii)
(A) for a plan with a solvency ratio of less than one hundred per cent, within ninety days after the last day of the month in which the normal cost is incurred, or
(B) for a plan with a solvency ratio of one hundred per cent or greater, within one hundred and twenty days after the last day of the pension plan year in which the normal cost is incurred,
(d) in respect of any special payments referred to in paragraph (2)(c) relating to a pension plan year commencing before the commencement of section 49 of the Act, within thirty days after the last day of the pension plan year,
(e) in respect of any special payments referred to in paragraph (2)(c) for a defined benefit plan, relating to a pension plan year commencing on or after the commencement of section 49 of the Act,
(i) if payment of the special payments at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, within thirty days after the last day of the month to which the payment relates, and
(ii) in circumstances other than those described in subparagraph (i), within ninety days after the last day of the month to which the payment relates, and
(f) in respect of amounts referred to in paragraph (2)(d)
(i) for amounts required to be contributed under subsection 19(9), within thirty days after the date on which the first actuarial valuation report subsequent to the substitute report filed under subsection 9(3) is filed under this Regulation, and
(ii) for amounts required to be remitted under paragraph 19(11)(a), within thirty days after the date of the termination of employment, cessation of membership or division of benefit to which the transfer deficiency relates.
35(4)Contributions and payments required to be made under subsection (2) shall be adjusted, if appropriate, immediately after each new actuarial valuation report or cost certificate is filed under this Regulation by the administrator.
35(5)An employer or person required to make contributions on behalf of an employer under a pension plan shall continue to make the contributions and payments in accordance with the most recently filed actuarial valuation report or cost certificate until a new report or certificate is filed under this Regulation and the contributions and payments are adjusted accordingly.
35(6)Subsections (1) to (5) do not apply to a defined benefit plan established under
(a) one or more collective agreements, or
(b) a trust agreement,
in which the requirement that an employer or person required to make contributions on behalf of an employer contribute to the pension fund is limited solely to a fixed amount established in a collective agreement or trust agreement.
2015-59; 2020-51
Contributions to be made by employer
35(1)Every pension plan shall contain provisions establishing the requirements of the employer, or of a person required to make contributions on behalf of an employer, to make contributions under the plan in respect of the normal cost and of any experience deficiency, initial unfunded liability, actuarial loss and solvency deficiency under the plan.
35(2)Subject to sections 37 and 40 and subsection 41(1), an employer required to make contributions under a pension plan, or a person required to make contributions on behalf of an employer, shall make the contributions to the pension fund or, if pension benefits under the plan are paid by an insurance company, to the insurance company, in amounts that are not less than the sum of
(a) any contributions received from members, including any amounts withheld from members by payroll deduction or otherwise as the members’ contributions under the plan and any additional voluntary contributions permitted under the plan,
(b) employer contributions respecting the normal cost of the plan, as established under the plan or in the actuarial valuation report or cost certificate respecting the plan most recently filed under this Regulation,
(c) the total amount of any special payments to amortize an experience deficiency, an initial unfunded liability, an actuarial loss or a solvency deficiency as determined in accordance with section 36, and
(d) any amount required to be contributed or remitted under subsection 19(9) or paragraph 19(11)(a).
35(3)Contributions and payments made under subsection (2) shall be made by the employer or person required to make contributions on behalf of the employer
(a) in respect of contributions referred to in paragraph (2)(a), within fifteen days after the last day of the month in which the contribution or amount was received or withheld,
(b) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred before the commencement of section 49 of the Act, within one hundred and twenty days after the last day of the pension plan year in which the normal cost was incurred,
(c) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred on or after the commencement of section 49 of the Act,
(i) for a defined contribution plan, within thirty days after the last day of the month in which the normal cost is incurred,
(ii) for a defined benefit plan, within thirty days after the last day of the month in which the normal cost is incurred if payment of the contributions at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, and
(iii) for a defined benefit plan in circumstances other than those described in subparagraph (ii)
(A) for a plan with a solvency ratio of less than one hundred per cent, within ninety days after the last day of the month in which the normal cost is incurred, or
(B) for a plan with a solvency ratio of one hundred per cent or greater, within one hundred and twenty days after the last day of the pension plan year in which the normal cost is incurred,
(d) in respect of any special payments referred to in paragraph (2)(c) relating to a pension plan year commencing before the commencement of section 49 of the Act, within thirty days after the last day of the pension plan year,
(e) in respect of any special payments referred to in paragraph (2)(c) for a defined benefit plan, relating to a pension plan year commencing on or after the commencement of section 49 of the Act,
(i) if payment of the special payments at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, within thirty days after the last day of the month to which the payment relates, and
(ii) in circumstances other than those described in subparagraph (i), within ninety days after the last day of the month to which the payment relates, and
(f) in respect of amounts referred to in paragraph (2)(d)
(i) for amounts required to be contributed under subsection 19(9), within thirty days after the date on which the first actuarial valuation report subsequent to the substitute report filed under subsection 9(3) is filed under this Regulation, and
(ii) for amounts required to be remitted under paragraph 19(11)(a), within thirty days after the date of the termination of employment, cessation of membership or division of benefit to which the transfer deficiency relates.
35(4)Contributions and payments required to be made under subsection (2) shall be adjusted, if appropriate, immediately after each new actuarial valuation report or cost certificate is filed under this Regulation by the administrator.
35(5)An employer or person required to make contributions on behalf of an employer under a pension plan shall continue to make the contributions and payments in accordance with the most recently filed actuarial valuation report or cost certificate until a new report or certificate is filed under this Regulation and the contributions and payments are adjusted accordingly.
35(6)Subsections (1) to (5) do not apply to a defined benefit plan established under
(a) one or more collective agreements, or
(b) a trust agreement,
in which the requirement that an employer or person required to make contributions on behalf of an employer contribute to the pension fund is limited solely to a fixed amount established in a collective agreement or trust agreement.
2015-59
Contributions to be made by employer
35(1)Every pension plan shall contain provisions establishing the requirements of the employer, or of a person required to make contributions on behalf of an employer, to make contributions under the plan in respect of the normal cost and of any experience deficiency, initial unfunded liability, actuarial loss and solvency deficiency under the plan.
35(2)Subject to sections 37 and 40 and subsection 41(1), an employer required to make contributions under a pension plan, or a person required to make contributions on behalf of an employer, shall make the contributions to the pension fund or, if pension benefits under the plan are paid by an insurance company, to the insurance company, in amounts that are not less than the sum of
(a) any contributions received from members, including any amounts withheld from members by payroll deduction or otherwise as the members’ contributions under the plan and any additional voluntary contributions permitted under the plan,
(b) employer contributions respecting the normal cost of the plan, as established under the plan or in the actuarial valuation report or cost certificate respecting the plan most recently filed under this Regulation,
(c) the total amount of any special payments to amortize an experience deficiency, an initial unfunded liability, an actuarial loss or a solvency deficiency as determined in accordance with section 36, and
(d) any amount required to be contributed or remitted under subsection 19(9) or paragraph 19(11)(a).
35(3)Contributions and payments made under subsection (2) shall be made by the employer or person required to make contributions on behalf of the employer
(a) in respect of contributions referred to in paragraph (2)(a), within fifteen days after the last day of the month in which the contribution or amount was received or withheld,
(b) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred before the commencement of section 49 of the Act, within one hundred and twenty days after the last day of the pension plan year in which the normal cost was incurred,
(c) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred on or after the commencement of section 49 of the Act,
(i) for a defined contribution plan, within thirty days after the last day of the month in which the normal cost is incurred,
(ii) for a defined benefit plan, within thirty days after the last day of the month in which the normal cost is incurred if payment of the contributions at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, and
(iii) for a defined benefit plan in circumstances other than those described in subparagraph (ii)
(A) for a plan with a solvency ratio of less than one hundred per cent, within ninety days after the last day of the month in which the normal cost is incurred, or
(B) for a plan with a solvency ratio of one hundred per cent or greater, within one hundred and twenty days after the last day of the pension plan year in which the normal cost is incurred,
(d) in respect of any special payments referred to in paragraph (2)(c) relating to a pension plan year commencing before the commencement of section 49 of the Act, within thirty days after the last day of the pension plan year,
(e) in respect of any special payments referred to in paragraph (2)(c) for a defined benefit plan, relating to a pension plan year commencing on or after the commencement of section 49 of the Act,
(i) if payment of the special payments at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, within thirty days after the last day of the month to which the payment relates, and
(ii) in circumstances other than those described in subparagraph (i), within ninety days after the last day of the month to which the payment relates, and
(f) in respect of amounts referred to in paragraph (2)(d)
(i) for amounts required to be contributed under subsection 19(9), within thirty days after the date on which the first actuarial valuation report subsequent to the substitute report filed under subsection 9(3) is filed under this Regulation, and
(ii) for amounts required to be remitted under paragraph 19(11)(a), within thirty days after the date of the termination of employment, cessation of membership or division of benefit to which the transfer deficiency relates.
35(4)Contributions and payments required to be made under subsection (2) shall be adjusted, if appropriate, immediately after each new actuarial valuation report or cost certificate is filed under this Regulation by the administrator.
35(5)An employer or person required to make contributions on behalf of an employer under a pension plan shall continue to make the contributions and payments in accordance with the most recently filed actuarial valuation report or cost certificate until a new report or certificate is filed under this Regulation and the contributions and payments are adjusted accordingly.
35(6)Subsections (1) to (5) do not apply to a defined benefit plan established under
(a) one or more collective agreements, or
(b) a trust agreement,
in which the requirement that an employer or person required to make contributions on behalf of an employer contribute to the pension fund is limited solely to a fixed amount established in a collective agreement or trust agreement.
Contributions to be made by employer
35(1)Every pension plan shall contain provisions establishing the requirements of the employer, or of a person required to make contributions on behalf of an employer, to make contributions under the plan in respect of the normal cost and of any experience deficiency, initial unfunded liability, actuarial loss and solvency deficiency under the plan.
35(2)Subject to sections 37 and 40 and subsection 41(1), an employer required to make contributions under a pension plan, or a person required to make contributions on behalf of an employer, shall make the contributions to the pension fund or, if pension benefits under the plan are paid by an insurance company, to the insurance company, in amounts that are not less than the sum of
(a) any contributions received from members, including any amounts withheld from members by payroll deduction or otherwise as the members’ contributions under the plan and any additional voluntary contributions permitted under the plan,
(b) employer contributions respecting the normal cost of the plan, as established under the plan or in the actuarial valuation report or cost certificate respecting the plan most recently filed under this Regulation,
(c) the total amount of any special payments to amortize an experience deficiency, an initial unfunded liability, an actuarial loss or a solvency deficiency as determined in accordance with section 36, and
(d) any amount required to be contributed or remitted under subsection 19(9) or paragraph 19(11)(a).
35(3)Contributions and payments made under subsection (2) shall be made by the employer or person required to make contributions on behalf of the employer
(a) in respect of contributions referred to in paragraph (2)(a), within fifteen days after the last day of the month in which the contribution or amount was received or withheld,
(b) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred before the commencement of section 49 of the Act, within one hundred and twenty days after the last day of the pension plan year in which the normal cost was incurred,
(c) in respect of contributions referred to in paragraph (2)(b) if the requirement to pay was incurred on or after the commencement of section 49 of the Act,
(i) for a defined contribution plan, within thirty days after the last day of the month in which the normal cost is incurred,
(ii) for a defined benefit plan, within thirty days after the last day of the month in which the normal cost is incurred if payment of the contributions at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, and
(iii) for a defined benefit plan in circumstances other than those described in subparagraph (ii)
(A) for a plan with a solvency ratio of less than one hundred per cent, within ninety days after the last day of the month in which the normal cost is incurred, or
(B) for a plan with a solvency ratio of one hundred per cent or greater, within one hundred and twenty days after the last day of the pension plan year in which the normal cost is incurred,
(d) in respect of any special payments referred to in paragraph (2)(c) relating to a pension plan year commencing before the commencement of section 49 of the Act, within thirty days after the last day of the pension plan year,
(e) in respect of any special payments referred to in paragraph (2)(c) for a defined benefit plan, relating to a pension plan year commencing on or after the commencement of section 49 of the Act,
(i) if payment of the special payments at a later date would result in a reduction of pension benefits or an increase in the amount of the contributions a member is required to make, within thirty days after the last day of the month to which the payment relates, and
(ii) in circumstances other than those described in subparagraph (i), within ninety days after the last day of the month to which the payment relates, and
(f) in respect of amounts referred to in paragraph (2)(d)
(i) for amounts required to be contributed under subsection 19(9), within thirty days after the date on which the first actuarial valuation report subsequent to the substitute report filed under subsection 9(3) is filed under this Regulation, and
(ii) for amounts required to be remitted under paragraph 19(11)(a), within thirty days after the date of the termination of employment, cessation of membership or division of benefit to which the transfer deficiency relates.
35(4)Contributions and payments required to be made under subsection (2) shall be adjusted, if appropriate, immediately after each new actuarial valuation report or cost certificate is filed under this Regulation by the administrator.
35(5)An employer or person required to make contributions on behalf of an employer under a pension plan shall continue to make the contributions and payments in accordance with the most recently filed actuarial valuation report or cost certificate until a new report or certificate is filed under this Regulation and the contributions and payments are adjusted accordingly.
35(6)Subsections (1) to (5) do not apply to a defined benefit plan established under
(a) one or more collective agreements, or
(b) a trust agreement,
in which the requirement that an employer or person required to make contributions on behalf of an employer contribute to the pension fund is limited solely to a fixed amount established in a collective agreement or trust agreement.