Regulations and rules
2021, c.41, s.19
100(1)The Lieutenant-Governor in Council may make regulations
(a)
designating provinces or territories as designated jurisdictions for the purposes of this Act;
(b)
prescribing fees payable under this Act, the regulations or the rules;
(c)
requiring the use of forms established by the Superintendent;
(d)
respecting applications for registration of pension plans or amendments to pension plans;
(e)
respecting the administration of pension plans;
(f)
respecting the annual information returns to be filed by an administrator;
(g)
prescribing additional reports that are to be filed with the Superintendent or the Commission, the contents of those reports and the method of preparation of the reports and the persons or classes of persons by whom the reports are to be prepared;
(h)
prescribing times for filing or the last dates for filing of returns, reports and documents required to be filed under this Act, the regulations or the rules;
(i)
respecting the establishment of advisory committees and the appointment of members of advisory committees;
(j)
respecting variations in the terms of payment of a pension or deferred pension that an administrator may permit;
(j.01)
respecting benefits under section 35.1;
(j.1)
respecting retirement savings arrangements prescribed for the purposes of subparagraph 36(1)(
a)(ii);
(j.2)
respecting retirement savings arrangements prescribed for the purposes of paragraph 99.1(2)(
b);
(k)
respecting the transfer of the commuted value of a deferred pension to another pension plan or a retirement savings arrangement;
(k.01)
respecting the withdrawal of the commuted value of a retirement savings arrangement;
(k.1)
respecting the terms and conditions under which a provision prescribed for the purposes of subsection 39(4) may be included in a pension plan;
(l)
respecting the waiver of joint and survivor pensions;
(m)
respecting the division of pension benefits and pensions on the breakdown of a marriage or common-law partnership, including the valuation and revaluation of a pension benefit or pension under section 44;
(n)
respecting the funding of a pension plan;
(o)
respecting the calculation and crediting of interest on contributions under a pension plan;
(o.1)
respecting optional ancillary benefits and optional ancillary contributions;
(p)
respecting the investment of money of pension funds;
(q)
for the purposes of section 59, respecting an application for consent to the payment of surplus out of a pension fund;
(r)
respecting the wind-up of a pension plan or classes of pension plans, including priorities or the method of determining priorities on wind-up, including priorities in allocation of assets;
(s)
respecting the reduction of pensions and benefits where insufficient funds are available on wind-up;
(t)
respecting records that shall be kept by the administrator of a pension plan and the period of time for which such records shall be retained by the administrator;
(t.01)
respecting the registration of a financial institution acting as a trustee for a retirement savings arrangement;
(t.1)
respecting records that shall be kept by a financial institution acting as a trustee for a retirement savings arrangement prescribed for the purposes of subparagraph 36(1)(
a)(ii) and the period of time for which such records shall be retained by the financial institution;
(t.2)
respecting records that shall be kept by a financial institution acting as a trustee for a retirement savings arrangement prescribed for the purposes of paragraph 99.1(2)(
b) and the period of time for which such records shall be retained by the financial institution;
(t.3)
respecting the location at which records referred to in paragraphs (
t), (
t.1) and (
t.2) are to be kept and requiring that they be kept in a certain form;
(u)
requiring the audit of pension plans and pension funds or classes of pension plans and pension funds and respecting the persons or classes of persons who may perform the audits and the manner of performing the audits;
(u.1)
authorizing disclosures for the purposes of subsection 78.51(2);
(u.2)
prescribing circumstances, fees and expenses for the purposes of subsection 78.12(8);
(v)
respecting the manner of determining the portion of a pension benefit, pension, or ancillary benefit that is attributable to employment before or after the commencement of this Act or of particular sections of this Act;
(w)
prescribing any matter or thing required by this Act to be prescribed;
(w.1)
defining any word or expression used in this Act but not defined in this Act for the purposes of this Act, the regulations or the rules;
(x)
exempting, subject to any terms or conditions specified, any pension plan, class of pension plans or class of employees from the application of this Act, the regulations or the rules or any provision of this Act, the regulations or the rules;
(x.1)
exempting, for the application of section 99.1, subject to any terms or conditions specified, any category of persons from the application of subsection 56(1) of the Act.
100(1.1)The Commission may make a rule in respect of any matter in respect of which the Lieutenant-Governor in Council has authority to make a regulation under paragraphs (1)(b) to (i), (l), (m), (q), (t) to (t.1), (t.3), (u) and (w.1).
100(2)A regulation or rule may be general or particular in its application and may be limited as to time or place or both.
100(3)A regulation or rule may adopt by reference, in whole or in part, with such changes as the Lieutenant-Governor in Council or the Commission, as the case may be, considers necessary, any code, formula, standard or procedure, and may require compliance with a code, formula, standard or procedure so adopted.
100(4)A code, formula, standard or procedure adopted by the Canadian Institute of Actuaries may be adopted by reference under subsection (3) as it read at a fixed time or as it is amended from time to time.
100(5)The Lieutenant-Governor in Council may, by order, amend or repeal a rule made by the Commission.
100(6)Subject to the approval of the Minister, the Commission, concurrently with making a rule, may make a regulation that amends or repeals any provision of a regulation made by the Lieutenant-Governor in Council under this Act or by the Commission under this subsection that in the opinion of the Commission is necessary or advisable to effectively implement the rule.
100(7)A regulation made under subsection (6) is not effective before the rule referred to in that subsection comes into force.
100(8)Subject to subsection (7), a regulation made under subsection (6) may be retroactive in its operation.
100(9)The
Regulations Act does not apply to the rules made under this Act.
100(10)If there is a conflict or an inconsistency between a regulation made by the Lieutenant-Governor in Council under this Act and a rule made under this Act, the regulation prevails but in all other respects a rule has the same force and effect as a regulation.
2002, c.12, s.31; 2007, c.76, s.2; 2008, c.5, s.14; 2012, c.38, s.3; 2013, c.31, s.23; 2015, c.31, s.9; 2016, c.36, s.11; 2021, c.41, s.20