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EMPLOYMENT PENSION PLANS ACT

EMPLOYMENT PENSION PLANS ACT

Chapter E‑8

Table of Contents

                1       Interpretation

                2       Interpretation re employment outside Alberta
and designated jurisdictions

                3       Application to Plans administered by Crown

                4       Application to Teachers Pension Plans

Part 1
Administration

                5       Appointment and functions, etc., of Superintendent
and Deputy Superintendent

                6       Reciprocal governmental agreements

             6.1       Agreements with designated jurisdictions —
reciprocal arranagements

                7       Fees

                8       Directions for compliance

                9       Superintendents authority to extend time limits

              10       Administrators of specified multi‑employer plans

              11       Administration and organization of multi‑unit plans

              12       Administrators of single employer plans

           12.1       Removal of administrator and appointment of
temporary administrator

              13       General responsibilities of administrators

              14       Reports and returns by administrators

              15       Disclosure of information

              16       Retention of records

              17       Effect of trust on participating employers

              18       Information from non‑administrator employer

Part 2
Filing, Registration and Amendment

              19       Registration of plans

           19.1       Relocation of registration to Alberta

              20       Amendment of plans

              21       Administration of unregistered plan or amendment

              22       Retroactivity of plan or amendment

              23       Transfer agreements

              24       Cancellation of registration

              25       Notification of refusal or cancellation of registration

              26       Appeal to the Court

Part 3
Contractual Provisions in Pension Plans

              27       Contractual requirements of pension plan

              28       General subject‑matter requirements

              29       Entitlement of employees to join plan

              30       Cessation and suspension of membership

              31       Vesting based on years of continuous employment or membership

              32       Vesting at pensionable age

              33       Vesting on termination of plan

              34       Amount and terms of pension vested

              35       Locking in

              36       Interest, gains and losses on member contributions

              37       Minimum employer contributions for funding of pension

              38       Portability of commuted value of benefits

              39       Pre‑pension commencement death benefits

              40       Post‑pension commencement survivor benefits

              41       Surviving pension partners change in status

              42       Ancillary benefits

              43       Adjustments in pension for CPP, QPP and OAS

              44       Age provisions in pension plans

              45       Payment or transfer of contributions or benefits

              46       Variations in benefits

              47       Further variation — for reduction in working time

              48       Funding and solvency requirements

              49       Fund holders and custodians

              50       Remitting of contributions

              51       Trust arrangement for contributions

              52       Deemed trust for unremitted contributions

              53       Registration of claim for contributions

              54       Investment requirements

              55       Benefits and assets on winding up

              56       Participating employers withdrawal from SMEPP

              57       Fiscal year of plan

Part 4
Division and Distribution of Benefits
on Relationship Breakdown

              58       Interpretation

              59       Prevalence of this Part in relation to benefits

              60       Application

              61       Matrimonial property orders

              62       Division and distribution of benefits

              63       Valuation of benefits

              64       Locking in of non‑member‑pension partners share

              65       Bar against further claims

              66       Adjustment of members share

              67       Application to Court for clarification, etc.

              68       Fees

              69       Assignment and protection from execution, etc.

           69.1       Filing of documents with administrator

Part 5
Termination, Winding‑up and
Predecessor and Successor Plans

              70       Events constituting termination

              71       Superintendents authority to declare termination of plan

              72       Notification of termination or winding‑up

              73       Payments to meet solvency requirements

              74       Effect of termination on assets

              75       Entitlements on partial termination

              76       Commencement of winding‑up

              77       Allocation and distribution of assets

           77.1       Missing persons

              78       Superintendents authority to appoint administrator

              79       Costs of winding‑up

              80       Predecessor and successor plans and employers


Part 6
Miscellaneous

              81       Effect of plan amendment

              82       Transfer of assets

           82.1       Order for allocation or splitting of assets and liabilities

              83       Surplus and excess assets

              84       Return of contributions

              85       Prohibition against assignment, etc.

           85.1       Exemption from attachment, etc.

           85.2       Nullity of certain agreements, etc.

           85.3       Income and asset testing under other legislation

              86       Evidence of entitlement to benefit

              87       Regulations

              88       Service of documents

              89       Proof of date of service

              90       Inspection and production of documents and
oral interviews

              91       Civil enforcement

              92       Offences and penalties

              93       Limitation period for prosecution

              94       Transitional

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation

1(1)  In this Act,

                                 (a)    “additional voluntary contributions” means contributions made by a member to a pension plan that are additional to member required contributions, except optional ancillary contributions and contributions whose payment, under the terms of the plan, imposes on the employer an obligation to make concurrent additional contributions, and includes compounded interest on those additional voluntary contributions and, where any such money has been transferred from the plan, compounded interest on any such money;

                                 (b)    “administrator” means

                                           (i)    subject to subclause (ii), in relation to

                                                  (A)    a specified multi‑employer plan, the body referred to in section 10(1),

                                                  (B)    a multi‑unit plan, the body referred to in section 11(1), or

                                                  (C)    any other plan, the board of trustees referred to in section 12 or, if there is no such board, the employer,

                                             or

                                          (ii)    where a person has been appointed administrator of a plan by the Superintendent under section 12.1(1) or 78(1) or (2), that person;

                                 (c)    “ancillary benefit” means a benefit of a kind provided pursuant to any clause of section 42(1);

                                 (d)    “assets”, in relation to a pension plan, includes its surplus assets or excess assets, as the case may be;

                                 (e)    “benefit” means a pension or any other benefit under a pension plan, and includes a return of contributions to or in respect of a member or former member, any payment in a series of payments that constitutes a benefit and future entitlements to any such benefit, but does not include a refund of surplus assets;

                              (e.1)    “bridging benefits” means a series of periodic payments that are additional to a pension and

                                           (i)    are provided to a former member who commenced a pension before attaining the age of 65 years, and

                                          (ii)    are payable until and only until that age is attained;

                                 (f)    “certified copy” means, in relation to a document, a copy of the document certified to be a true copy by a person authorized so to certify it;

                                 (g)    “collective agreement” has the meaning assigned to it by the Labour Relations Code;

                                 (h)    “commuted value” means, in relation to benefits that a person has a present or future entitlement to receive

                                           (i)    under a defined benefit provision, the actuarial present value of those benefits determined, as of the time in question,

                                                  (A)    on the basis of actuarial assumptions and methods that are adequate and appropriate and in accordance with generally accepted actuarial principles,

                                                  (B)    in accordance with the conditions, if any, that are prescribed, and

                                                  (C)    in a manner that is acceptable to the Superintendent,

                                                  or the money representing that value, or

                                          (ii)    under a defined contribution provision, a locked‑in retirement account or a retirement income arrangement, the money representing the value of the person’s account as of the time in question;

                                  (i)    “Court” means the Court of Queen’s Bench;

                               (i.1)    “custodian” means, subject to subsection (1.1), a financial institution to the extent that it is lawfully acting under an agreement with an administrator or fund holder or both that

                                           (i)    delegates to it the holding of the pension fund on behalf of the fund holder and in trust for the members and former members, whether or not the agreement allows any further subdelegation by the financial institution of the holding to subcustodians, and

                                          (ii)    does not, by virtue of any such subdelegation, purport to relieve that financial institution of any obligation or duty imposed on it as the custodian by law or equity;

                                  (j)    “defined benefit provision” means a provision of a pension plan under which benefits are determined in any way other than that described in clause (k);

                                 (k)    “defined contribution provision” means a provision of a pension plan under which benefits are determined solely by reference to what is provided by

                                           (i)    contributions made on a member’s behalf by the member’s employer and member required contributions, and

                                          (ii)    interest and any other amounts applied in respect of a member or former member;

                                  (l)    “designated jurisdiction” means a jurisdiction referred to in any clause of subsection (1.2);

                               (l.1)    “designation of beneficiary” means a designation pursuant to section 71 of the Wills and Succession Act of a person to receive a benefit payable under a pension scheme on the death of a participant, within the meaning of that section, of that scheme, and “designated beneficiary” shall be construed accordingly;

                               (l.2)    “disability benefits” means a series of periodic payments provided to a former member who has become totally or partially disabled prior to attaining pensionable age;

                               (m)    “employee” means an individual who is employed to do work or provide a service in Alberta or in a designated jurisdiction and is in receipt of or entitled to remuneration for the work or service;

                                 (n)    “employer” means the person or the organization, whether incorporated or not, from whom a person employed by the first mentioned person or by that organization receives remuneration, and includes any or all of the participating employers of a specified multi‑employer plan or, if the plan so provides, a multi‑unit plan in whose employment that person has been;

                                 (o)    “employment” means

                                           (i)    in relation to a specified multi‑employer plan, an employee’s employment with an employer

                                                  (A)    for which the employer is contractually required to make contributions to that plan on the employee’s behalf, or

                                                  (B)    in respect of which benefits are otherwise provided under the plan,

                                             and

                                          (ii)    in any other case or, notwithstanding subclause (i), where the Superintendent gives the Superintendent’s approval under section 31(4) in respect of a specified multi‑employer plan, an employee’s employment with the employer;

                                 (p)    “excess assets” means, with respect to the prescribed assets and liabilities of a pension plan that is not being wound up, the amount, if any, by which those assets exceed those liabilities;

                                 (q)    “excess contributions” means the excess, if any, of the value of a member’s contributions made in respect of a plan’s defined benefit provisions in the relevant period, with interest, over 1/2 of the commuted value of the pension accruing from those provisions in respect of membership in that period;

                             (q.1)    “file”, used with reference to the filing of a matrimonial property order or agreement with a plan’s administrator, means file under section 69.1;

                                  (r)    “former Act” means the Pension Benefits Act, RSA 1980 cP‑3;

                                 (s)    “former member” means, in relation to a pension plan, an employee or former employee who has terminated membership or commenced a pension or whose plan has been terminated, and who retains a present or future entitlement to receive a benefit under the plan;

                                  (t)    “fund holder” means the person or combination of persons referred to in section 49(1);

                              (t.1)    “included employment” means included employment within the meaning of and regulated by the Pension Benefits Standards Act (Canada);

                                 (u)    “initial qualification date” means

                                           (i)    in respect of employment in Alberta, January 1, 1967, and

                                          (ii)    in respect of employment in a designated jurisdiction, the date provided for in the respective clause of subsection (1.2);

                                 (v)    “insurance business” means a corporation authorized to carry on life insurance business in Canada;

                                (w)    “interest” means interest, gains and losses provided for under section 36(1) to (5);

                                 (x)    “locked‑in retirement account” means an RRSP that meets the prescribed conditions;

                             (x.1)    “matrimonial property agreement” means a written agreement that provides for the division and distribution of a benefit and that meets the requirements of section 37, including being enforceable under section 38, of the Matrimonial Property Act;

                             (x.2)    “matrimonial property order” means a matrimonial property order within the meaning of the Matrimonial Property Act, or a similar order enforceable in Alberta of a court outside Alberta, that affects the division and distribution of a benefit;

                                 (y)    “member” means, in relation to a pension plan that has not been terminated, an employee or former employee who has made or is required to make contributions to the plan or on whose behalf the employer is or was required by the plan to make contributions to it and who has not terminated membership or commenced a pension;

                             (y.1)    “member required contributions” means contributions by a member that the member was or is required to make to attain a benefit and whose payment, under the terms of the plan, imposes on the employer an obligation to make concurrent contributions;

                             (y.2)    “member‑pension partner” means, in relation to the pension plan in question, the pension partner who is or was the member in question, and “non‑member‑pension partner” means the other pension partner;

                             (y.3)    “money”, where appropriate, includes other assets;

                                 (z)    “multi‑unit plan” means a pension plan administered for employees of 2 or more employers and designated by the Superintendent as a multi‑unit plan;

                              (aa)    “non‑administrator employer” means an employer who is not an administrator;

                           (aa.1)    “optional ancillary benefits” means the ancillary benefits referred to in clause (bb);

                              (bb)    “optional ancillary contributions” means contributions made voluntarily by a member under a defined benefit provision that are additional to member required contributions and as a consequence of which ancillary benefits selected for provision under the plan must be provided with respect to the member, and includes compounded interest on those contributions and, where any such money has been transferred from the plan, compounded interest on any such money;

                           (bb.1)    “other plan documents” or “another plan document” means, in relation to a pension plan, the documents or a document referred to in section 19(1)(a)(ii), (iii) and (iv) or any of them, as the case may be;

                               (cc)    “participating employer” means,

                                           (i)    in relation to a specified multi‑employer plan, an employer who is required under a collective agreement or participation agreement, or

                                          (ii)    in relation to a multi‑unit plan, an employer who is required under a participation agreement referred to in section 11(2),

                                          to make contributions to that plan;

                            (cc.1)    “participation agreement” means, in relation to a specified multi‑employer plan or a multi‑unit plan, an agreement between an employer or employers on the one hand and the administrator on the other that meets the prescribed conditions;

                              (dd)    “pension” means a benefit in the form of a series of payments that continues for the life of a former member, whether or not it is afterwards continued to any other person, and includes future entitlements to any such payments, but does not include ancillary benefits unless they become part of a pension as a result of the application of section 42(2);

                               (ee)    “pension commencement” means the time by reference to which a person commences to receive a pension under a pension plan;

                                (ff)    “pension fund” means the assets of a pension plan;

                            (ff.1)    “pension partner” means, in relation to another person,

                                           (i)    a person who, at the relevant time, was married to that other person and had not been living separate and apart from that other person for 3 or more consecutive years, or

                                          (ii)    if there is no person to whom subclause (i) applies, a person who, immediately preceding the relevant time, had lived with that other person in a conjugal relationship

                                                  (A)    for a continuous period of at least 3 years, or

                                                  (B)    of some permanence, if there is a child of the relationship by birth or adoption;

                               (gg)    “pension plan” or “plan” means a plan, scheme or arrangement organized and administered to provide pensions for employees and former employees and under which, except in the case of a supplemental pension plan, the employer is or, in the case of a terminated plan, was required to make contributions to the plan on behalf of the members, and includes the pension fund of a plan but does not include

                                           (i)    an employees profit sharing plan or a deferred profit sharing plan within the meaning of sections 144 and 147 respectively of the tax Act,

                                          (ii)    an arrangement to provide a retiring allowance within the meaning of subsection 248(1) of the tax Act, or

                                         (iii)    any other prescribed plan, scheme or arrangement;

                              (hh)    “pensionable age” means, in relation to a pension plan, the age or the date referred to in section 44(1);

                           (hh.1)    “plan for connected individuals” means a plan for specified individuals whose only members are specified individuals who were connected at any time in the year with an employer who participates in the plan for the purposes of the prescribed provisions of the tax Act;

                                 (ii)    “plan for specified individuals” means a pension plan whose only members are specified individuals for the purposes of the prescribed provisions of the tax Act;

                                (jj)    “prescribed” means prescribed or otherwise provided for by the regulations;

                              (kk)    “records” includes

                                           (i)    accounts, books, files, returns, statements, reports, financial documents or other memorandums of financial or non‑financial information, whether in writing or in electronic form or represented or reproduced by any other means, and

                                          (ii)    the results of the recording of details of electronic data processing systems and programs to illustrate what the systems and programs do and how they operate;

                                 (ll)    “registration” means registration under Part 2 of a pension plan or of an amendment to a plan, and includes registration under the former Act;

                            (mm)    “remuneration” means wages, salary, pay, commission or other remuneration;

                              (nn)    “retirement income arrangement” means

                                           (i)    a retirement income fund within the meaning of the tax Act that is registered under that Act and that meets the prescribed conditions, or

                                          (ii)    any other arrangement prescribed to be a retirement income arrangement;

                              (oo)    “RRSP” means a retirement savings plan within the meaning of the tax Act that is registered under that Act;

                              (pp)    “solvency tests” means the tests for the solvency of pension plans referred to in section 48(2);

                              (qq)    “specified multi‑employer plan” means a pension plan administered for employees of 2 or more employers and designated by the Superintendent as a specified multi‑employer plan;

                                (rr)    repealed 2002 cA‑4.5 s33;

                                (ss)    “Superintendent” means the Superintendent of Pensions;

                                (tt)    “supplemental pension plan” means a pension plan, initial and continuing membership in which depends by way of condition precedent on membership in another plan, the first‑mentioned pension plan being supplemental to that other plan;

                              (uu)    “surplus assets” means, with respect to a pension plan that is being wound up, the amount, if any, by which the plan’s assets exceed its liabilities, as stated in the report filed under section 76(3) or, where applicable, the more recent report filed under section 76(4);

                              (vv)    “tax Act” means the Income Tax Act (Canada), and includes the regulations under that Act;

                             (ww)    “termination”, when used in relation to a pension plan, means an event provided to be a termination of the plan by section 70 or 71, to the extent that such an event affects members and former members;

                              (xx)    “termination of membership” means

                                           (i)    in relation to a member of a specified multi‑employer plan and subject to subclauses (ii) and (iii), the beginning of any period of 2 consecutive fiscal years of the plan in which it transpires, at the end of that period, that the member did not complete at least 350 hours of employment,

                                          (ii)    in relation to a member of a supplemental pension plan, including a supplemental multi‑unit plan, the termination of the member’s membership in the plan to which it is supplemental, and

                                         (iii)    in relation to a member of any other plan or where the Superintendent gives an approval under section 31(4) in respect of a specified multi‑employer plan but subject to subsection (2.1), the cessation by the member of employment for which the employer is required by that plan to make contributions to that plan on the member’s behalf,

                                          and, in relation to a member of a specified multi‑employer plan, includes the return of all the member’s contributions, with interest, under section 35(8) or (9) or the transfer of the whole of the commuted value of the pension under section 38(3) or (6);

                              (yy)    “this Act” means this Act and the regulations under it;

                               (zz)    “trade union” has the meaning assigned to it by the Labour Relations Code;

                            (aaa)    “winding‑up” means, in relation to a pension plan that has been terminated, the process of distributing the assets of the plan;

                            (bbb)    “Year’s Maximum Pensionable Earnings” has the same meaning as in the Canada Pension Plan (Canada);

                             (ccc)    “years of continuous employment” means, subject to section 31(4),

                                           (i)    in relation to a member of a specified multi‑employer plan, fiscal years of the plan in each of which the member has completed at least 350 hours of employment,

                                          (ii)    in relation to a member of a multi‑unit plan, years of employment for a continuous period of time with one employer or, if the plan so provides, with more than one employer, including any break in such employment provided for in subsection (3.1), and

                                         (iii)    in relation to any other plan, years of employment for a continuous period of time including, except where an actual cessation of employment has occurred, any period not exceeding 52 consecutive weeks during which a person who immediately before the commencement of the period was in the employment of the employer is not doing work or providing a service for that employer for remuneration and after the expiry of which the person is again in the employment of that employer,

                                          and, where a member has at any time terminated membership in one plan to which the employer was required to make contributions on the member’s behalf due to the member becoming a member of another plan to which that employer is so required to make contributions, includes, in relation to each of those plans, the aggregate of the years of continuous employment while a member of those plans.

(1.1)  Where the fund holder and the custodian are one and the same person, the administrator must be a party to the agreement referred to in subsection (1)(i.1).

(1.2)  The following are the Canadian jurisdictions, referred to in subsection (1)(l) and (u)(ii), in which there is in force legislation substantially similar to this Act, and the initial qualification date for each of them is the date specified:

                                 (a)    Ontario:  January 1, 1965;

                                 (b)    Quebec:  January 1, 1966;

                                 (c)    The Northwest Territories:  October 1, 1967;

                                 (d)    The Yukon Territory:  October 1, 1967;

                                 (e)    Saskatchewan:  January 1, 1969;

                                 (f)    Manitoba:  July 1, 1976;

                                 (g)    Nova Scotia:  January 1, 1977;

                                 (h)    Newfoundland and Labrador:  January 1, 1985;

                                  (i)    New Brunswick:  December 31, 1991;

                                  (j)    British Columbia:  January 1, 1993;

                                 (k)    Nunavut:  April 1, 1999;

                                  (l)    Canada, to the extent that the pension regime in question covers included employment:  March 23, 1967.

(2)  For the purposes of subsection (1)(ff.1)(i), persons are living separate and apart

                                 (a)    if they are living apart and either of them has the intention to live separate and apart from the other, or

                                 (b)    if, before the relevant time,

                                           (i)    they had been living separate and apart for any period, and

                                          (ii)    that period was interrupted or terminated by reason only that either of them became incapable of continuing to live separate and apart or of forming or having the intention to continue to live separate and apart of that person’s own volition,

                                          and the separation would probably have continued if that person had not become so incapable.

(2.1)  Notwithstanding subsection (1)(xx)(iii), a multi‑unit plan may, with respect to the period not exceeding 1 year provided for in the plan, either allow a member to elect that or provide that the cessation circumstances described in subsection (1)(xx)(iii) are not to constitute termination of membership, and if the member (having made that election where the plan allows the election rather than mandates the circumstances) becomes employed before the end of that period in an employment for which a participating employer is required by that plan to make contributions to that plan on the member’s behalf, there is no termination of the membership.

(3)  Notwithstanding subsection (1)(xx)(i), a member of a specified multi‑employer plan terminating membership by virtue of that subclause who has ceased employment is deemed to have terminated membership while employed in the province or territory where the member was employed at the beginning of the period referred to in that subclause.

(3.1)  The breaks in employment established for the purposes of subsection (1)(ccc)(ii) are any period not exceeding 52 consecutive weeks,

                                 (a)    where an actual cessation of employment has not occurred, respecting which the member

                                           (i)    immediately before the beginning of that period was in the employment of one employer,

                                          (ii)    is not during that period doing work or providing a service for that employer for remuneration, and

                                         (iii)    after the expiry of that period is again in the employment of that employer,

                                     or

                                 (b)    where an actual cessation of employment has occurred, respecting which the plan treats the employment, whether with one or more than one employer, as continuing without interruption,

provided that, in the case of a multi‑unit plan that provides as mentioned under subsection (2.1), the member returns to employment with the same employer in the case of clause (a) or becomes employed with any participating employer referred to in subsection (2.1) in the case of clause (b), before the expiration of the period referred to in subsection (2.1).

(3.2)  For the purposes of this Act, assets of a pension plan are determined on the basis of their market value

                                 (a)    if those assets are valued at the most probable price that they should bring in an arm’s length sale in a competitive and open market under all conditions requisite to a fair sale and on terms that, having regard to open market conditions, are competitive and not unreasonable and assuming that the price is not affected by undue stimuli, with both seller and buyer acting willingly, prudently and knowledgeably, and

                                 (b)    if, where the Superintendent so requires, the value is that established in an appraisal by an independent appraiser acceptable to the Superintendent.

(4)  For the purposes of this Act, a person is employed in the province or territory in which the establishment of the employer to which the person reports for work is situated and, if the person is not required to report for work to any establishment of the employer or is required to report to more than one establishment in different provinces or territories, the person is deemed to be employed in the province or territory in which the establishment of the employer from which remuneration is paid is situated.

(4.1)  For the purpose of interpreting references in subsections (3) and (4) and other provisions of this Act (except section 19.1) to anything that happens inside or outside Alberta, a province or territory or any other location in the context of included employment, no included employment is to be treated as occurring in that location, but included employment is deemed instead to occur in the non‑geographical, jurisdictional context provided for in subsection (1.2)(l).

(5)  For the purposes of this Act, a benefit vests in a person when the person acquires an unconditional entitlement under the pension plan to receive the benefit, whether at the present or in the future.

(6)  Except where otherwise specified, references in this Act to the termination or winding‑up of a pension plan include references to the termination or winding‑up of only part of a plan.

(7)  For the purposes of any provision of this statute giving the Superintendent any administrative or enforcement power relating to another person, references to an action include references to an omission to act.

(8)  The Lieutenant Governor in Council may, for the purposes of this statute or specified provisions of this statute, by regulation define any expression used but not defined in this statute, in which case the expression has the meaning so defined.

RSA 2000 cE‑8 s1;2002 cA‑4.5 s33;2005 c26 ss2,3;
2010 cW‑12.2 s114

Interpretation re employment outside Alberta
and designated jurisdictions

2(1)  Where a member terminates membership while employed outside Alberta and the designated jurisdictions and the member’s last period of employment within Alberta and the designated jurisdictions before the termination of membership was in Alberta, the member is deemed for the purposes of this Act

                                 (a)    to have terminated membership while employed in Alberta, and

                                 (b)    to have performed years of continuous employment while a member and employed under those circumstances.

(2)  Where a provision of this Act refers to employment in Alberta or the designated jurisdictions and the subject‑matter of the provision is not dealt with by subsection (1), that reference is to be taken to include employment outside Alberta and the designated jurisdictions if the person’s last employment within Alberta and the designated jurisdictions before the event in question was in Alberta.

(3)  No enactment forming part of this statute is to be construed in itself as constituting a prohibition against a plan’s allowing employment outside Alberta and the designated jurisdictions to be taken into account for benefit and vesting purposes.

RSA 2000 cE‑8 s2;2005 c26 s4

Application to Plans administered by Crown

3(1)  This Act applies to all or any of the pension plans referred to in section 1 of the Public Sector Pension Plans Act to the extent prescribed by regulations made under section 6 of that Act.

(2)  The Minister responsible for the pension plans referred to in section 1 of the Public Sector Pension Plans Act, in the capacity as their administrator, and the President of Treasury Board and Minister of Finance, insofar as the President of Treasury Board and Minister of Finance is, or is fulfilling the functions of, trustee of those pension plans (or, in the case of the Public Service Pension Plan, the Public Service Pension Board if it becomes the trustee of that Plan) are bound by this Act to the extent prescribed by regulations made under section 6 of that Act.

(3)  Subject to this section, a pension plan referred to in subsection (1) is exempt from the application of this Act so long as

                                 (a)    the plan continues to be administered by the responsible Minister referred to in subsection (2), and

                                 (b)    the President of Treasury Board and Minister of Finance (or, in the case of the Public Service Pension Plan, the Public Service Pension Board if it becomes the trustee of that Plan) continues to hold the plan’s pension fund in trust.

(4)  For the purpose of applying any provision of this Act to a pension plan referred to in subsection (1), the regulations under section 6 of the Public Sector Pension Plans Act may make any adaptation to this Act that is considered appropriate.

RSA 2000 cE‑8 s3;2005 c26 s5;2008 c14 s2;2013 c10 s33

Application to Teachers Pension Plans

4(1)  This Act applies to the Teachers’ Pension Plans to the extent prescribed by regulations made under section 15 of the Teachers’ Pension Plans Act.

(2)  The Teachers’ Pension Plans Board of Trustees is bound by this Act to the extent prescribed by regulations made under section 15 of the Teachers’ Pension Plans Act.

(3)  Subject to this section, the Teachers’ Pension Plans are exempt from the application of this Act.

(4)  For the purpose of applying any provision of this Act to the Teachers’ Pension Plans, the regulations under section 15 of the Teachers’ Pension Plans Act may make any adaptation to this Act that the Lieutenant Governor in Council considers appropriate.

1995 cT‑1.5 s27

Part 1
Administration

Appointment and functions, etc., of Superintendent
and Deputy Superintendent

5(1)  In accordance with the Public Service Act, there may be appointed a Superintendent of Pensions, who is the chief administrative officer charged with the administration and enforcement of this Act, and a Deputy Superintendent of Pensions.

(2)  Subject to subsection (1), the Deputy Superintendent of Pensions has all of the powers, duties and functions of the Superintendent.

RSA 2000 cE‑8 s5;2005 c26 s6

Reciprocal governmental agreements

6(1)  The member of the Executive Council charged by the Lieutenant Governor in Council with responsibility for this Act may enter into an agreement with the government of a designated jurisdiction

                                 (a)    to provide for the reciprocal registration and examination of pension plans and the reciprocal enforcement of specified laws affecting plans,

                                 (b)    to authorize the authorized representative of that government to perform any of the Superintendent’s functions, authorities and duties under this Act,

                                 (c)    to provide for the performance by the Superintendent of any of that representative’s functions, authorities and duties under the laws governing pension plans of that government’s jurisdiction,

                                 (d)    to provide in effect that where pension plans are or, but for the application of a provision under clause (a), would require to be registered both under this Act and under legislation of one or more other jurisdictions in Canada that is substantially similar to this Act, either

                                           (i)    this Act or any part of it is not to apply, and the substantially similar legislation of that other jurisdiction or of any of those other jurisdictions, as the case may be, is to apply, to those plans, or

                                          (ii)    this Act or any part of it is to apply, and the substantially similar legislation of the other jurisdiction or jurisdictions is not to apply, to them,

                                     and

                                 (e)    to establish conditions for the non‑application and the application, as provided for pursuant to clause (d)(i) or (ii), of the laws referred to in that subclause.

(2)  An agreement under subsection (1) is exempt from the Regulations Act.

(3)  Where the agreement makes provision in accordance with subsection (1)(d), either

                                 (a)    this Act or the part of it that the agreement provides is not to apply does not apply to the affected plans and the substantially similar legislation of another jurisdiction that the agreement provides is to apply to those plans does apply to them instead, or

                                 (b)    vice versa,

depending on what the agreement provides.

(4)  No further agreements may be entered into under this section, but this does not preclude the making of amendments to an already‑existing agreement.

RSA 2000 cE‑8 s6;2005 c26 s7;2008 c14 s3

Agreements with designated jurisdictions — reciprocal arrangements

6.1(1)  In this section,

                                 (a)    “agreement” means an existing agreement, the multilateral agreement or an agreement under subsection (6);

                                 (b)    “Alberta legislation” means this Act, without having regard to the legislative effect of this section or section 6;

                                 (c)    “authorized signatory” means an authorized signatory representing the government of a designated jurisdiction, and includes the Minister;

                                 (d)    “existing agreement” means one of the 2 agreements entered into under section 6;

                                 (e)    “Minister” means the Minister responsible for this statute;

                                 (f)    “multilateral agreement” means the contractual arrangement which, as at the time of the introduction into the Legislative Assembly of the Bill whose enactment resulted in the Employment Pension Plans Amendment Act, 2008,

                                           (i)    existed in the form of a draft proposed agreement entitled “Agreement Respecting Multi‑jurisdictional Pension Plans”, and

                                          (ii)    the Minister has indicated an intention to enter into with some or all of the authorized signatories,

                                          including any subsequent amendments made to that arrangement that are in force at the time as at which this Act speaks;

                                 (g)    “pension supervisory authority” means the Superintendent’s equivalent in a designated jurisdiction that is a party to an agreement, and includes the Superintendent.

(2)  The Minister, with the prior approval of the Lieutenant Governor in Council, may

                                 (a)    enter into the multilateral agreement, and

                                 (b)    enter into arrangements to make amendments to the multilateral agreement under its amending formula.

(3)  The Superintendent may agree with a pension supervisory authority to the application of any provisions of the multilateral agreement whose application is optional on the part of a pension supervisory authority.

(4)  An existing agreement, to the extent that it applies with respect to a particular designated jurisdiction, continues in force until terminated in accordance with its terms with respect to that jurisdiction and Alberta or until such later date as at which that designated jurisdiction and Alberta have both become effectively subject to the multilateral agreement.

(5)  The Legislature, to the extent that lies within its powers, delegates to whichever of the pension supervisory authorities and the authorized signatories are appropriate to the context in question the power to effectuate the multilateral agreement and, subject to regulations made under subsection (7), the multilateral agreement has the force of law with the result in part that, on the coming into effect of the multilateral agreement (or of amendments to it) and with respect to the plans and matters affected,

                                 (a)    the laws of the specified designated jurisdiction that are provided by the applicable provisions of that agreement as applying to Alberta

                                           (i)    are deemed to be added to the Alberta legislation, and

                                          (ii)    prevail in the event of any inconsistency over all provisions of the Alberta legislation other than regulations made under subsection (7),

                                     and

                                 (b)    provisions of the Alberta legislation that are so provided as not applying to Alberta do not apply and the designated jurisdiction’s laws referred to in clause (a) do apply with such prevalence,

according to what the applicable provisions of that agreement provide.

(6)  The Minister, with the prior approval of the Lieutenant Governor in Council, may enter into an agreement with one or more designated jurisdictions

                                 (a)    dealing, in a manner that is not inconsistent with this Act, with procedural, administrative, supervisory or substantive pension matters that are not specifically dealt with in the Alberta legislation, and

                                 (b)    providing generally for reciprocity of application and enforcement as between the jurisdictions entering into the agreement,

and subsection (5), as it applies with respect to the multilateral agreement, applies in respect of any such agreement, but no provision of any such agreement, to the extent that that agreement is entered into with a designated jurisdiction that has entered into the multilateral agreement, may be inconsistent with the multilateral agreement.

(7)  The Lieutenant Governor in Council, after the Superintendent has consulted with any pension supervisory authorities that may be affected, may make regulations

                                 (a)    providing in any manner for any aspect of the application, implementation or interpretation of provisions of the multilateral agreement relative to provisions of the Alberta legislation, or vice versa,

                                 (b)    making any provision to obviate any doubt as to the consistency between provisions of the multilateral agreement and provisions of the Alberta legislation,

                                 (c)    considered necessary for the effectuation of any provision of any agreement that are not otherwise provided for in this section, and

                                 (d)    respecting the collection, use and disclosure of information with respect to agreements or any particular kind of agreement, including making any provision that is considered necessary or appropriate, on a reciprocal basis, to ensure adherence to the letter of or principles underlying the Freedom of Information and Protection of Privacy Act and equivalent legislation of designated jurisdictions entering into agreements.

(8)  An agreement is exempt from the Regulations Act but, on payment of such reasonable fee as the Minister requests, the Minister shall ensure that the full text of any agreement is made readily available to any person who requests it.

(9)  The Superintendent may give such orders to administrators as are considered necessary or appropriate to ensure the effectuating of any agreement, and any such order must be complied with.

(10)  Subject to regulations made under subsection (7), the Superintendent

                                 (a)    may collect personal information from another pension supervisory authority pursuant to,

                                 (b)    may provide to the appropriate pension supervisory authority any information, including personal information, whose provision is authorized by, and

                                 (c)    shall provide to the appropriate pension supervisory authority any such information whose provision is required by,

an agreement.

2008 c14 s4

Fees

7   The Superintendent may charge any fees that are established in writing by the Minister responsible for this statute with respect to services, information or documents provided by the Superintendent other than in the administration of this Act.

RSA 2000 cE‑8 s7;2008 c14 s5

Directions for compliance

8(1)  If the Superintendent considers that a pension plan or any of the other plan documents do not comply with this Act or that a pension plan is not being administered in accordance with this Act or the plan, the Superintendent may direct the person responsible, in writing,

                                 (a)    to cease or refrain from doing whatever constitutes the non‑compliance, or

                                 (b)    to do whatever the Superintendent considers necessary to remedy the situation,

or both, within 60 days or any longer period that the Superintendent specifies in the direction.

(2)  If the Superintendent considers that an administrator, employer or any other person with responsibilities under this Act is, in respect of a pension plan, doing or about to do anything that is contrary to safe and sound pension practices, the Superintendent may direct that person, in writing,

                                 (a)    to cease or refrain from doing that thing, or

                                 (b)    to do whatever the Superintendent considers necessary to remedy the situation,

or both, within 60 days or any longer period that the Superintendent specifies in the direction.

(3)  The Superintendent shall issue a direction under subsection (1) and meet the requirements of this section before cancelling a plan’s registration under section 24(1).

(4)  Notwithstanding subsection (1) or (2), if the Superintendent considers that the minimum length of time required by that subsection for compliance might prejudice the interests of the members, former members or any other persons entitled to benefits, the direction may provide that the compliance must be effected immediately or before the expiration of any period of less than 60 days that is specified in the direction.

(5)  The Superintendent shall, in a direction under subsection (1) or (2), provide the person to whom it is addressed with an opportunity to make written representations to the Superintendent about it within any reasonable period that is specified in it.

(6)  On receiving any representations made under subsection (5) and after reviewing them, the Superintendent shall in writing confirm, vary or revoke the direction.

(7)  A person served with a direction under subsection (1) or (2) shall comply with it and, where subsection (4) applies, shall do so within the time limit specified, regardless of the person’s right to the opportunity referred to in subsection (5).

RSA 2000 cE‑8 s8;2005 c26 s8

Superintendents authority to extend time limits

9   Where the Superintendent considers that there are extenuating reasons for the failure by any person to do anything within a period or before a time limit imposed by a prescribed provision of this Act, the Superintendent may, on receipt of a written request and by written notice to the applicant, extend the period within which that thing must be done to any time that the Superintendent considers appropriate in the circumstances and specifies in the notice.

1986 cE‑10.05 s4

Administrators of specified multi-employer plans

10(1)  A specified multi‑employer plan must have a board of trustees or other similar body constituted under a trust deed or agreement or similar document acceptable to the Superintendent to administer the plan.

(2)  Where a specified multi‑employer plan is established, or maintained pursuant to contributions required, under a collective agreement, the number of members of the board of trustees or similar body representing members of the plan must not be less than the number representing employers.

1986 cE‑10.05 s5;1988 cL‑1.2 s207;1992 c13 s4;1999 c21 ss6,54

Administration and organization of multi-unit plans

11(1)  A multi‑unit plan must have a board of trustees or other similar body constituted under a trust deed or agreement or similar document acceptable to the Superintendent to administer the plan or there must be filed with the Superintendent an agreement among all the participating employers designating one of them to administer the plan.

(2)  With respect to a multi‑unit plan, the participating employers must execute one or more participation agreements that meet the prescribed conditions.

1999 c21 s7

Administrators of single employer plans

12   A pension plan that is not a specified multi‑employer plan or a multi‑unit plan may have a board of trustees constituted to administer the plan if there is a collective agreement between the employer and a trade union that represents members of the plan, and if that agreement

                                 (a)    requires that there be a board of trustees for the plan and places full authority and responsibility for the administration of the plan on the board of trustees,

                                 (b)    sets out, whether specifically or generally, some or all of the terms to be included in the plan, and

                                 (c)    contains provisions that have the effect of limiting the employer’s responsibilities and authority with respect to contributions to the plan to making contributions in accordance with the agreement.

RSA 2000 cE‑8 s12;2005 c26 s9

Removal of administrator and appointment of temporary administrator

12.1(1)  Notwithstanding sections 10, 11 and 12 and any other law, where the Superintendent considers, with respect to a pension plan that is not being wound up, that

                                 (a)    either

                                           (i)    the administrator cannot be located, is insolvent or is unable or unwilling to perform, or has failed in a substantial manner to perform diligently, the duties or functions that an administrator has under this Act or the terms of the plan,

                                          (ii)    the plan does not have an administrator, or

                                         (iii)    the plan or its administration fails in a substantial manner to comply with this Act,

                                     and

                                 (b)    either

                                           (i)    the security of the plan is jeopardized or compromised to a significant extent, or

                                          (ii)    it is in the best interests of the members and the other persons entitled or potentially entitled to benefits,

the Superintendent may, if there is an administrator, in writing remove that administrator from the office and, whether or not there is an administrator, may appoint the Superintendent or any other person to be the administrator temporarily.

(2)  The administrator appointed under subsection (1) holds office until the Superintendent is satisfied that the person or body who will be the administrator after that appointment terminates is fully willing and able to perform the administrator’s duties and functions and the Superintendent rescinds the appointment.

(3)  The Superintendent shall, at least the prescribed number of days before the effective date of an appointment to be made under subsection (1), give notice of the proposed removal and appointment, if applicable, to an administrator who is to be removed.

(4)  An administrator who is to be removed may make written representations about the proposed removal and appointment to the Superintendent within the prescribed number of days after service of the notice under subsection (3).

(5)  Notwithstanding anything in this section, the Superintendent may, in the instrument appointing the temporary administrator, restrict the powers, duties or functions that that administrator would otherwise have under this Act or impose any terms or conditions on the appointment.

(6)  Subject to any restrictions under subsection (5), the temporary administrator may amend the terms of the plan.

(7)  The administration expenses of the plan before and during its temporary administration period, including any costs of the administrator’s removal and the temporary administrator’s appointment, are to be paid in accordance with the terms of the plan.

2005 c26 s10

General responsibilities of administrators

13(1)  The administrator of a pension plan is responsible for administering and shall administer the plan in accordance with this Act.

(2)  The administrator shall ensure that the plan, including its contractual provisions and the other plan documents, complies with this Act.

(3)  Where a plan has been terminated, the administrator shall ensure that it is wound up in accordance with this Act.

(4)  The administrator shall, if the plan contains a defined benefit provision, have the defined benefit provisions of the plan reviewed in accordance with the regulations and have the results of the review set out in the form of an actuarial valuation report and a cost certificate.

(5)  While acting in the capacity of administrator, the administrator stands in a fiduciary capacity in relation to members, former members and others entitled to benefits.

(6)  The administrator shall ensure that none of the other plan documents contain any provision that a pension plan is prohibited by this Act from containing.

RSA 2000 cE‑8 s13;2005 c26 s11

Reports and returns by administrators

14(1)  The administrator of a pension plan shall ensure that the Superintendent has been informed in writing of the administrator’s name and address within 30 days after becoming the administrator.

(2)  The administrator shall inform the Superintendent in writing of any change in the administrator’s name or address within 60 days after that change.

(3)  Subject to this section, the administrator shall file with the Superintendent,

                                 (a)    at the times prescribed and in the form required by the Superintendent,

                                           (i)    repealed 2008 c14 s6,

                                          (ii)    in the case of any other plan, returns containing information respecting

                                                  (A)    the administration of the plan,

                                                  (B)    contributions to it,

                                                  (C)    membership in it, and

                                                  (D)    any other information that is necessary to enable the Superintendent to carry out the Superintendent’s duties under this Act,

                                 (b)    in the case of a plan, other than a plan for connected individuals, that contains a defined benefit provision, at the times prescribed or on the request of the Superintendent,

                                           (i)    actuarial valuation reports that

                                                  (A)    contain the prescribed information,

                                                  (B)    are prepared by a Fellow of the Canadian Institute of Actuaries or any other person that is prescribed, on the basis prescribed and on the basis of actuarial assumptions and methods that are adequate and appropriate and that are in accordance with generally accepted actuarial principles,

                                                  (C)    provide for contributions that are sufficient to meet the solvency tests,

                                                  (D)    are satisfactory to the Superintendent, and

                                                  (E)    if applicable, contain a certification by the preparer that the results of the independent valuation prepared under clause (e) have been incorporated in them,

                                             and

                                          (ii)    cost certificates that

                                                  (A)    are signed by a person referred to in subclause (i)(B),

                                                  (B)    are in the form required by the Superintendent,

                                                  (C)    are satisfactory to the Superintendent, and

                                                  (D)    contain the prescribed information and information necessary for the Superintendent to be able to determine whether the plan will meet the solvency tests,

                                 (c)    within the prescribed period after a request to the administrator is made in writing by the Superintendent and where contributions to or benefits from a plan are determined by the provisions of a collective agreement or arbitration award, a copy of those provisions and of any amendments to them,

                                 (d)    within the prescribed period after the end of the plan’s fiscal year, the prescribed financial statements, and

                                 (e)    if so required by notice in writing by the Superintendent, an independent valuation of the market value of the plan’s assets or a specific asset or category of assets, by the date specified in that notice.

(4)  Where the Superintendent considers that an actuarial valuation report or cost certificate required by subsection (3) does not comply with that subsection, the Superintendent shall notify the administrator in writing of that fact and shall direct the administrator to have the report or cost certificate amended so as to comply with that subsection, and the administrator shall forthwith comply with the direction.

(5)  The Superintendent may exempt the administrator from the requirement of subsection (3) to file an actuarial valuation report if the Superintendent considers that compliance with subsection (3)(b)(ii) is sufficient to enable the Superintendent to determine whether the plan will meet the solvency tests.

RSA 2000 cE‑8 s14;2005 c26 s12;2008 c14 s6

Disclosure of information

15(1)  An administrator shall, in writing and in the manner and at the times prescribed, provide the information specified in this subsection to the respective persons specified:

                                 (a)    to each member, and to an employee who is or is about to be eligible or required to be a member of the pension plan,

                                           (i)    an explanation or summary of

                                                  (A)    the plan,

                                                  (B)    subject to subsection (1.1), amendments to the plan that relate to that person’s benefits, and

                                                  (C)    that person’s entitlements and obligations under the plan or amendments,

                                             and

                                          (ii)    any other prescribed information;

                             (a.1)    to each member who could be adversely affected by a proposed amendment that the administrator has decided to implement at a future date, an explanation or summary of that proposed amendment;

                                 (b)    to each member, the prescribed information on an annual basis;

                                 (c)    to a former member, following the termination of membership, the prescribed information, and subsequently, on a written request by the former member for it, the same information, but updated;

                                 (d)    to a member or former member who is about to commence a pension, the prescribed information;

                                 (e)    to a member of a specified multi‑employer plan who wishes to make a transfer under section 38(3) or (6), the prescribed information;

                                 (f)    to each surviving pension partner or designated beneficiary or personal representative of the estate of a deceased member or former member who is entitled to a benefit, the prescribed information;

                                 (g)    to a person referred to in clause (c), (d), (e) or (f) who has submitted a written request for it, the data used to calculate any benefits specified in the respective information referred to in that clause;

                                 (h)    to each member and former member where it is intended to terminate or wind up the plan, notice of that intention and of the date of the proposed termination or commencement of the winding‑up;

                                  (i)    to each member and former member on the termination or winding‑up of the plan, the prescribed information;

                                  (j)    to each member who enters into an agreement referred to in section 47(1), the prescribed information;

                                 (k)    to a member‑pension partner and a non‑member‑pension partner and to the Court, the prescribed information in relation to a division or distribution of a benefit under Part 4.

(1.1)  If an administrator has complied with subsection (1)(a.1), the administrator need not also comply with subsection (1)(a)(i)(B) in respect of a member and the amendment unless the actual amendment made differs to a material extent from the proposed amendment referred to in subsection (1)(a.1).

(2)  The administrator shall provide all information under subsection (1) without charge.

(3)  In subsections (4) to (9), “document” includes part of a document.

(4)  Within 30 days after a written request to that effect and without charge, the administrator shall permit any person entitled to a benefit or that person’s agent to examine all or any of the following documents, namely,

                                 (a)    a provision of the plan that was in force on any date included in a period during which that person or the person through whom the benefit derives was a member or, where that person is a former member, that otherwise affects that person’s benefits,

                                 (b)    any document that concerns conditions of that person’s employment and that contains provisions relating to the plan,

                                 (c)    any trust deed or agreement, insurance contract, bylaw or resolution relating to the plan,

                              (c.1)    the 3 most recent financial statements prescribed with reference to section 14(3)(d),

                              (c.2)    any report resulting from an authorized person’s activity under section 90 that is produced by the Superintendent to the administrator,

                                 (d)    the 3 most recent certificates or returns, as the case may be, filed under section 14(3)(a),

                                 (e)    the 2 most recent cost certificates filed under section 14(3)(b), and

                                 (f)    any other prescribed document.

(4.1)  If a person referred to in subsection (4) makes a written request to receive a copy of a document referred to in that subsection, the administrator shall, within 30 days after the request and for a charge not exceeding the reasonable costs incurred in providing the copy, provide to that person a copy of the document.

(5)  Where it is proposed that surplus assets or excess assets of a pension plan will be paid or transferred to an employer, the administrator shall, within the period prescribed and without charge, permit any person entitled to a benefit or that person’s agent to examine any provision of the plan that is or ever was in force.

(6)  Unless agreement to a different effect is reached between the administrator and the person requesting the examination, the examination shall take place during regular working hours

                                 (a)    where the person requests that it take place at the establishment of the administrator that is nearest to that person’s residence, at that establishment,

                                 (b)    in the case of a specified multi‑employer plan established or maintained pursuant to contributions required under a collective agreement and where the person requests that it take place at the establishment of any trade union that represents members of the plan that is nearest to the residence of the person requesting the examination, at that establishment,

                                 (c)    in the case of a multi‑unit plan, where the person requests that it take place at the establishment of any participating employer that is nearest to that person’s residence, at that establishment, or

                                 (d)    where no request referred to in clauses (a) to (c) is made, at the place where the plan is administered.

(7)  Instead of permitting the examination under subsection (4), the administrator may, without charge and within the period referred to in that subsection, provide a copy of the document that the person has requested to examine.

(8)  The administrator of a pension plan shall, within 30 days after receiving a written request from a trade union whose membership includes or consists of members or former members of the plan, provide to the trade union or allow a representative of the trade union to obtain a copy of any document that may be examined under subsection (4) by a person entitled, on payment of a reasonable charge.

(8.1)  The administrator of a specified multi‑employer plan or a multi‑unit plan shall disclose to a participating employer in that plan, on the written request of that employer, any of the information that is available for examination under subsection (4)(a), (c), (c.1), (c.2), (d), (e) and (f), on payment of a charge not exceeding the reasonable costs incurred in providing that disclosure.

(9)  The administrator is not obliged to comply with subsection (4) or (7) in respect of any person if the administrator has already complied with either of those subsections in respect of that person within the prescribed period immediately preceding the request.

(10)  The administrator is not obliged to comply with subsection (4.1) with respect to any one person entitled to a benefit and with regard to the same document more than once in any calendar year.

(11)  The administrator is not required to comply with subsection (8.1) more than once in each calendar year in respect of any one participating employer.

RSA 2000 cE‑8 s15;2002 cA‑4.5 s33;2005 c26 ss13,53;
2008 c14 s7

Retention of records

16(1)  An administrator or a non‑administrator employer shall retain records relating to a pension plan for a period of at least 3 years after

                                 (a)    in the case of records affecting a person who received a benefit, the date when the benefit

                                           (i)    ceased to be paid, in the case of a continuing benefit, or was paid, in any other case, or

                                          (ii)    was previously insured through an insurance company,

                                     and

                                 (b)    in the case of other records, the date when they ceased to be operative or until such later date as they cease to be required in order to comply with section 15(4).

(2)  Where a pension is to be provided through an insurance company, the insurance company shall comply with subsection (1)(a)(i) as if it were the administrator.

1986 cE‑10.05 s9;1992 c13 s9

Effect of trust on participating employers

17   Where a specified multi‑employer plan has been established by or under a trust, then, notwithstanding any other law but subject to section 48(6), the participating employers of the plan are bound by the instrument establishing the trust and by any amendments to that instrument, whether or not they were parties to any agreement pursuant to which the trust was established or amended.

RSA 2000 cE‑8 s17;2005 c26 s14

Information from non-administrator employer

18(1)  On the written request of the administrator and within any reasonable period that is specified in the request, a non‑administrator employer shall provide the administrator with information or records that are required by the administrator in order to comply with the plan and to discharge the administrator’s responsibilities under section 13.

(2)  The request must specifically identify the information or records required under subsection (1).

(3)  If the non‑administrator employer does not provide the information or records requested within the period specified in the request, the administrator may apply to the Court for an order to compel provision of the information or records.

(4)  The Court may make the order if it is satisfied that

                                 (a)    the information or records are in the possession of or under the control of the non‑administrator employer, and

                                 (b)    the information or records are required as referred to in subsection (1),

and may make the order subject to any conditions that the Court considers appropriate.

(5)  If the non‑administrator employer requests that any records provided under subsection (1) be returned to the non‑administrator employer, the administrator shall return them within a reasonable period and may make copies of or extracts from them.

RSA 2000 cE‑8 s18;2009 c53 s57

Part 2
Filing, Registration and Amendment

Registration of plans

19(1)  The administrator of a pension plan shall apply for registration of the plan by filing with the Superintendent, not later than 60 days after the establishment of the plan, an application accompanied with

                                 (a)    a certified copy of

                                           (i)    the plan,

                                          (ii)    any document that creates the plan or under which the plan is constituted,

                                         (iii)    any trust deed or agreement, custodian agreement, insurance contract, bylaw or resolution relating to the plan, and

                                         (iv)    any other prescribed document that relates to the governance or administration of the plan,

                                     and

                                 (b)    a copy of

                                           (i)    a valuation report and cost certificate referred to in section 14(3)(b)(i) and (ii), whether required to be filed under section 14(3) or not, and

                                          (ii)    the explanation or summary referred to in section 15(1)(a)(i).

(2)  An application for registration of a plan must be in the form and contain the information required by the Superintendent.

(3)  The Superintendent shall register and issue to the administrator a certificate of registration in respect of the plan filed with the Superintendent for registration if the plan and all the documents relating to the plan and required to be filed comply with this Act and the administrator has complied with this Act in respect of the plan.

(4)  Notwithstanding subsection (3), the Superintendent may refuse to register a plan that is not registered under the tax Act.

RSA 2000 cE‑8 s19;2005 c26 s15;AR 197/2006 s67

Relocation of registration to Alberta

19.1   Where an existing pension plan registered in a designated jurisdiction is to have its registration moved to Alberta, the administrator shall, within 60 days after being so requested in writing by the Superintendent, file with the Superintendent such amendments to the plan and such other documents as are necessary to bring the plan and its administration into conformity with this Act.

2005 c26 s16

Amendment of plans

20(1)  Where an amendment is made to a pension plan that is registered or in respect of which an application for registration is pending or to any of the other plan documents, the administrator shall file a certified copy of the amendment with the Superintendent within the prescribed period.

(1.1)  Where a pension plan to which section 12 applies is amended so that it becomes a multi‑unit plan, the administrator shall file with the Superintendent, within the prescribed period, all the documents that the administrator would have had to file under section 19 had the plan been newly established as a multi‑unit plan at the time of the amendment.

(2)  Where a new other plan document is executed, the document is deemed to be an amendment to any other plan document that the new document replaces for the purposes of this Act.

(3)  Subject to section 81, the Superintendent shall register an amendment to the plan filed with the Superintendent for registration and issue to the administrator a notice of registration in respect of the amendment if it complies with this Act and the administrator has complied with this Act in respect of the amendment.

(4)  The administrator shall ensure that an amendment to another plan document does not contain any provision that a pension plan is prohibited by this Act from containing.

RSA 2000 cE‑8 s20;2005 c26 s17

Administration of unregistered plan or amendment

21(1)  An administrator shall not administer a pension plan unless

                                 (a)    the plan is registered, or

                                 (b)    the application for registration has been duly made and the Superintendent has not notified the administrator in writing that the Superintendent refuses to register the plan.

(2)  An administrator shall not administer a pension plan in a manner that reflects an amendment to it unless

                                 (a)    the amendment is registered, or

                                 (b)    the amendment has been duly filed for registration and the Superintendent has not notified the administrator in writing that the Superintendent refuses to register the amendment.

(3)  An administrator shall not administer a pension plan in a manner that reflects an amendment to another plan document unless the amendment has been filed with the Superintendent.

(4)  If the Superintendent considers that a portion but not the whole of an amendment to a plan complies with this Act, the Superintendent may notify the administrator for the purposes of subsection (2)(b) that the Superintendent refuses to register only the offending portion, in which case the administrator shall administer the plan in a manner that reflects the non‑offending portion of the amendment.

(5)  Where an amendment has been filed for registration and the Superintendent notifies the administrator in writing of the refusal to register the amendment, the administrator shall have the amendment cancelled with full retroactive effect, and shall reverse any transactions that were based on the assumption that the amendment was valid, as if the amendment had never been made.

RSA 2000 cE‑8 s21;2005 c26 s18

Retroactivity of plan or amendment

22(1)  A pension plan or an amendment to a plan may be made effective from a date before its registration or the application for its registration.

(2)  An amendment to another plan document may be made effective from a date before it is filed with the Superintendent.

RSA 2000 cE‑8 s22;2005 c26 s19

Transfer agreements

23(1)  In this section, “transfer agreement” means an agreement between the administrators of 2 or more pension plans respecting the transfer between them of money or benefits in respect of individual members or former members.

(2)  An administrator shall file with the Superintendent a certified copy of any transfer agreement relating to the plan within 60 days after it is entered into.

(3)  The administrator shall ensure that the transfer agreement does not contain any provision relating to a benefit that is subject to this Act that a pension plan is prohibited by this Act from containing.

1986 cE‑10.05 s16

Cancellation of registration

24(1)  Subject to section 8, the Superintendent may cancel the registration of a registered pension plan

                                 (a)    that does not comply with this Act, or

                                 (b)    in respect of which the administrator has not complied with this Act or the plan,

with effect from any date, not being earlier than the date on which that non‑compliance occurred or commenced, that is determined by the Superintendent.

(2)  The Superintendent shall cancel the registration of a registered plan that has been terminated and wound up in accordance with this Act or whose registration has been exempted by or under this Act.

RSA 2000 cE‑8 s24;2008 c14 s8

Notification of refusal or cancellation of registration

25(1)  If the Superintendent refuses to register a pension plan or a plan amendment filed for registration or cancels a registration under section 24(1), the Superintendent shall forthwith serve on the administrator a written notification of that fact containing the reasons for that decision.

(2)  In the case of a cancellation of registration, the notification must specify the date referred to in section 24(1).

1986 cE‑10.05 s18;1992 c13 s16

Appeal to the Court

26(1)  Where the Superintendent has served a notification under section 25(1), the administrator may, by application, appeal to the Court for an order requiring the Superintendent to register the plan or amendment or reinstate the registration.

(2)  A copy of the application must be filed with the court clerk and served on the Superintendent within 60 days after service of the notification under section 25(1) or any longer period that the Court allows, and the application shall be made returnable within 90 days after the filing of the application.

RSA 2000 cE‑8 s26;2009 c53 s57

Part 3
Contractual Provisions in
Pension Plans

Contractual requirements of pension plan

27(1)  A pension plan must contractually provide for the benefits, contributions and other entitlements and obligations provided for by this Part or for benefits, contributions and entitlements and obligations that are more favourable, having regard to the intent of this Act, for persons to whom the plan gives or prospectively or potentially gives benefit entitlements than those provided for by this Part.

(2)  The plan must contractually incorporate the appropriate definition and interpretation provisions of section 1, but, for the purpose of providing for more favourable treatment under subsection (1) for the persons mentioned in that subsection, section 1(1)(ff.1), (xx) and (ccc) and (2.1) are deemed to be included in this Part.

(3)  Notwithstanding subsections (1) and (2) but subject to subsections (4) and (5), a plan is not required to include or incorporate

                                 (a)    a provision of this Part whose inclusion in a pension plan is indicated as being optional,

                                 (b)    a provision of this Part that, in the opinion of the Superintendent, is not and will not be applicable to the particular plan in question and whose exclusion from that plan is permitted by the Superintendent, or

                                 (c)    sections 28(2), 29(3), (4), (6), (7) and (8), 31(4), 34(7), 35(2), 38(8) and (8.1), 43(1) and (5), 45(2) and (3), 48(1) and (6) and 50(3).

(4)  To the extent that the plan does not in any respect effect a contractual provision required by this Part, the plan is deemed to make such provision in that respect as would make it comply with this Part.

(5)  The absence from the plan, pursuant to subsection (3), of provisions referred to in subsection (3)(b) or (c), does not affect their application or possible application to the plan.

RSA 2000 cE‑8 s27;2005 c26 s20

General subject‑matter requirements

28(1)  Subject to this Part, a pension plan must provide for

                                 (a)    the administration and maintenance of the plan,

                                 (b)    the means of paying the administration expenses,

                                 (c)    the conditions for membership in the plan,

                                 (d)    benefits and entitlements on

                                           (i)    termination of membership,

                                          (ii)    the death of a member or former member,

                                         (iii)    pension commencement, and

                                         (iv)    termination of the plan,

                                 (e)    the deadlines for choosing any options and the consequences of not meeting them,

                                 (f)    with respect to interest, the matters prescribed with reference to section 36(5),

                                 (g)    the treatment of excess assets and surplus assets, and

                                 (h)    formulas, complying with the prescribed criteria, for determining benefits, member and employer contributions and the allocation of contributions.

(2)  Formulas for determining benefits under defined benefit provisions, for contributions relating to defined contribution provisions and for allocation of contributions must be acceptable to the Superintendent.

(3)  A pension plan must provide that where a lump sum is payable to any person, then, at the option of that person, to the extent that the tax Act allows, that payment may be transferred to an RRSP.

1986 cE‑10.05 s21;1999 c21 s16

Entitlement of employees to join plan

29(1)  A pension plan that has not been terminated must cover a prescribed class of employees of the employer, and, subject to subsection (1.1), each employee of that employer who falls within that prescribed class is entitled to become a member of the plan on or at any of the prescribed times after the date specified in subsection (2).

(1.1)  A pension plan may, with the prior approval of the Superintendent, exclude from membership in it persons who, but for this subsection, would become eligible under subsection (1) to become a member of the plan after a date specified in the plan.

(1.2)  Without limiting the Superintendent’s discretion to deny approval on other grounds, the Superintendent shall deny approval under subsection (1.1) unless there is another plan in which persons excluded under that subsection are automatically entitled to become members.

(2)  The date referred to in subsection (1) is the first day of the month following the month in which both the following requirements have been fulfilled:

                                 (a)    either

                                           (i)    in the case of a specified multi‑employer plan respecting which the Superintendent has not given the Superintendent’s approval under section 31(4), the end of any period of 2 consecutive fiscal years of the plan in which the employee has completed at least 350 hours of employment, or

                                          (ii)    in the case of any other plan, the employee has completed 2 years of continuous employment with the employer or, if the tax Act does not allow the employee to become a member then, such later date as it does allow the employee to become a member,

                                     and

                                 (b)    the employee has earned in respect of the employment at least 35% of the Year’s Maximum Pensionable Earnings in each of the 2 consecutive calendar years occurring immediately before

                                           (i)    the employee’s completion of the employment or the later date referred to in clause (a)(i) or (ii), as the case may be, or

                                          (ii)    the year in which the employee applies to become a member of the plan.

(3)  Where a group of employees is in a prescribed class of employees who are covered by the plan but the employees in that group are employed other than on a basis that the employer considers to be full‑time, the employer may establish a separate plan for that group.

(4)  The separate plan must be comparable, in terms of the value of the benefits provided and taking into account the differences in the number of hours worked in the relevant period of the employment, to the plan covering employees in the prescribed class who are considered to be employed on a full‑time basis.

(5)  Notwithstanding subsection (1), a plan may provide that the employee must be a member as part of the terms and conditions of the employment.

(6)   Where an employee is eligible to join 2 or more of the employer’s plans by virtue of the employee falling within more than one of the prescribed classes of employees, the plans may limit the employee’s eligibility for membership to only one of those plans.

(7)  A plan may not require, as part of the terms and conditions of any employment or prospective employment, that a person transfer to that plan or any other plan any of the commuted value of any benefit under another plan.

(8)  A class of employees prescribed with reference to subsection (1) may consist of employees falling within that class who are employed at a particular establishment of the employer.

(9)  For the purposes of subsection (1), different employers in a specified multi‑employer plan or a multi‑unit plan may have different prescribed classes of employees covered by the plan.

RSA 2000 cE‑8 s29;2005 c26 s21

Cessation and suspension of membership

30(1)  A member of a pension plan is not entitled to cease to be a member except on termination of membership.

(2)  A pension plan may provide that a member may suspend membership in the plan while continuing to do work or provide a service in an employment covered by the plan.

(3)  Where a pension plan allows a member to suspend membership,

                                 (a)    it may also provide that there will be no further accrual of benefits during the suspension, and

                                 (b)    it must also provide that the suspended member has the right to lift the suspension at any of the times prescribed.

(4)  Subject to subsection (5), where a person’s membership in a plan is suspended, the suspended member is not entitled to receive or transfer any benefits from the plan until the termination of membership or of the plan.

(5)  A plan may provide that a suspended member who would be entitled to receive a pension if the suspended member were terminating membership may elect to transfer its commuted value to a locked‑in retirement account in accordance with the conditions specified in and prescribed in relation to section 38(1) and (2) if that commuted value exceeds the amount prescribed in relation to commuted value for the purposes of section 46(1), as if the suspended member were a former member.

1992 c13 s20

Vesting based on years of continuous employment
or membership

31(1)  Where a member has completed 10 years of continuous employment, has attained the age of 45 years and terminates  membership while employed in Alberta, there immediately vests in the member, on that termination, an entitlement to receive a pension in respect of that membership on and after the initial qualification date but before January 1, 1987.

(2)  Where a member has completed 5 years of continuous employment and terminates membership while employed in Alberta, there immediately vests in the member, on that termination, an entitlement to receive a pension in respect of that membership on and after January 1, 1987 but before January 1, 2000.

(3)  Where a member has been a member for a continuous period of at least 2 years or, in the case of a specified multi‑employer plan, has had 2 years of continuous employment and terminates membership while employed in Alberta, there immediately vests in the member, on that termination, an entitlement to receive a pension in respect of that membership on and after January 1, 2000.

(4)  If, on application to the Superintendent, the Superintendent considers that it would cause undue hardship to the participating employers or members of a specified multi‑employer plan to apply the definition in section 1(1)(ccc)(i) to that plan for the purposes of this section, the Superintendent may in writing give the Superintendent’s approval to the application to the plan of the definition in section 1(1)(ccc)(iii) instead for those purposes.

1986 cE‑10.05 s23;1999 c21 ss18,54

Vesting at pensionable age

32   Where a member has reached pensionable age and terminates membership while employed in Alberta, there immediately vests in the member, on that termination, an entitlement to receive a pension in respect of that membership on and after January 1, 1987.

1986 cE‑10.05 s24

Vesting on termination of plan

33   On the termination of a pension plan, there immediately and unconditionally vests in each member an entitlement to receive a pension in respect of the member’s membership on and after the initial qualification date.

1986 cE‑10.05 s25

Amount and terms of pension vested

34(1)  The pension payable under section 31(1) in respect of employment in Alberta or in a designated jurisdiction, other than the portion accruing from additional voluntary contributions, must not be less than

                                 (a)    for employment on and after the initial qualification date but before January 1, 1987, the pension that is provided for that employment under the terms of the plan at the date of the termination of membership, and

                                 (b)    for employment before the initial qualification date where there is an amendment to the plan that was made on or after the initial qualification date but before January 1, 1987, the pension that is provided for that employment under the terms of that amendment.

(2)  If the commuted value of the pension referred to in subsection (1) is less than the value of the member’s contributions, with interest, made to the plan toward the pension, the pension shall be increased so that the commuted value of the increased pension is not less than the value of the member’s contributions with interest.

(3)  The pension payable under section 31(2) or 32 in respect of employment in Alberta or in a designated jurisdiction, other than the portion accruing from additional voluntary contributions, must not be less than

                                 (a)    for employment on and after January 1, 1987 but before January 1, 2000, the pension that is provided for that employment under the terms of the plan at the date of the termination of membership, and

                                 (b)    for employment before January 1, 1987 where there is an amendment to the plan that was made on or after that date but before January 1, 2000, the pension that is provided for that employment under the terms of that amendment.

(4)  The pension payable under section 31(3) or 32 in respect of employment in Alberta or in a designated jurisdiction, other than the portion accruing from additional voluntary contributions, must not be less than,

                                 (a)    for employment on and after January 1, 2000, the pension that is provided for that employment under the terms of the plan at the date of the termination of membership, and

                                 (b)    for employment before January 1, 2000 where there is an amendment to the plan that was made on or after that date, the pension that is provided for that employment under the terms of that amendment.

(5)  A plan may provide that an amendment referred to in subsection (1)(b), (3)(b) or (4)(b) includes an amendment made after the termination of membership and that the amendment so made applies to the former member.

(6)  Subject to any regulations made with reference to section 55(1), the pension payable under section 33, other than the portion accruing from additional voluntary contributions, must not be less than the pension payable under subsection (1), (2), (3), (4) or (5).

(7)  Where different pension entitlements are given as a result of the application of more than one provision of this section, the provision of this section that is most favourable to the member prevails.

RSA 2000 cE‑8 s34;2005 c26 s22

Locking in

35(1)  Subject to this section and sections 37, 39(2) and (7), 46, 47 and 77.1,

                                 (a)    a member or former member may not withdraw any of the commuted value of the pension in respect of the member’s or former member’s membership on and after the initial qualification date, and

                                 (b)    there may not be surrendered or commuted during the lifetime

                                           (i)    of a member or former member, a pension in respect of the member’s or former member’s membership on and after the initial qualification date, or

                                          (ii)    of a surviving pension partner entitled to a pension under section 39 or 40, that pension,

                                          or any interest in any such pension.

(2)  Subsection (1) extends to

                                 (a)    a person who terminated membership or whose plan was terminated, and the commuted value of whose benefits was transferred out of the plan to an RRSP for the sole purpose of ultimately providing a pension or to an insurance company to purchase a pension, before January 1, 1987, and

                                 (b)    the money so transferred.

(3)  Subsections (1) and (2) do not apply to any part of a pension accruing from additional voluntary contributions, optional ancillary contributions or any excess contributions paid to a member or former member as a result of a conversion of a defined benefit provision to a defined contribution provision.

(4)  Notwithstanding subsection (3), subsections (1) and (2) apply where, under a defined benefit provision of a specified multi‑employer plan, a member of that plan who has not accrued the maximum pension permitted under the plan in a fiscal year of the plan and in whom an entitlement to receive a pension has vested, has made contributions in order to increase that pension accrual within the limit permitted for that year under the plan.

(4.1)  Repealed 2008 c14 s9.

(5)  The commuted value locked in under subsections (1) and (2) (including subsection (4)) shall be applied toward the provision of the pension.

(6)  Where

                                 (a)    a member terminated membership in a plan while employed in Alberta,

                                 (b)    the termination was not due to the member becoming a member of another plan to which the employer was required to contribute on the member’s behalf, and

                                 (c)    an entitlement to receive a pension did not vest on the termination,

all the member’s contributions to the plan must be returned to that member with interest.

(7)  Where a pension has vested in a former member in respect of the former member’s membership on and after, but not before, January 1, 1987, the contributions made by the former member before that date shall be returned to the former member with interest.

(8)  Where

                                 (a)    a member of a specified multi‑employer plan has not completed at least 350 hours of employment during any period of 2 consecutive completed fiscal years of the plan, and

                                 (b)    an entitlement to receive a pension is not vested in the member and would not have vested had the member terminated membership at the end of that period,

the member may have all the member’s contributions made to the plan returned to the member with interest.

(9)  A specified multi‑employer plan may require that a member

                                 (a)    who is no longer employed by any participating employer or in a class of employees referred to in section 29(1) that is covered by the plan, and

                                 (b)    in whom an entitlement to receive a pension is not vested and would not have vested had the member terminated membership,

is to have all the member’s contributions made to the plan returned to the member with interest.

(10)  Where a registered amendment to a plan, or, if one plan has been adopted in place of another plan and registered, the plan so adopted, provides for

                                 (a)    the assumption by the employer of liability for the funding of accrued benefits that were previously funded by member contributions and interest, and

                                 (b)    the return of those member contributions, with interest, representing those accrued benefits,

those member contributions with interest may be paid to the member or former member.

(11)  Where a member terminated membership in one plan due to the member becoming a member of another plan to which the employer was required to contribute on the member’s behalf, all the member’s contributions to the plan shall be returned to the member with interest, but only when the member is no longer a member of any plan to which the employer is required to contribute on the member’s behalf, and only if an entitlement to receive a pension has not vested in the member.

(12)  Where a member of a multi‑unit plan has moved from one participating employer to another, all the member’s contributions to the plan shall be returned to the member with interest, but only when the member is no longer employed by any participating employer, taking into account any prescribed breaks in employment, and only if an entitlement to receive a pension has not vested in the member.

(13)  A plan may provide, subject to section 30(4) and (5) and regulations made in respect of section 80, that on the termination of membership or of the plan itself while employed in Alberta, a member in respect of whom an entitlement to receive a pension has vested under the terms of the plan itself may receive as a lump sum payment, to the extent that there are any vesting requirements set out in section 31(1), (2) and (3) that the member has not met, the commuted value of the portion of the pension mentioned in that subsection or those subsections in respect of which those requirements have not been met.

RSA 2000 cE‑8 s35;2002 cA‑4.5 s33;2005 c26 s23;
2008 c14 s9

Interest, gains and losses on member contributions

36(1)  Subject to subsections (3) and (4), where under a defined benefit provision member contributions were required in order to attain benefits or additional voluntary contributions or optional ancillary contributions have been made, interest, gains and losses shall be applied to the contributions.

(2)  In the case of a defined contribution provision, employer and member contributions shall be credited or debited with any interest, gains and losses that can reasonably be attributed to the operation of the plan’s pension fund that holds those contributions.

(3)  A plan containing only defined benefit provisions may provide that where additional voluntary contributions have been made to the plan, the additional voluntary contributions are to be credited or debited with interest, gains and losses that can reasonably be attributed to the operation of the plan’s pension fund that holds those contributions.

(4)  A plan that provides for optional ancillary contributions must provide that those contributions are to be credited or debited with interest, gains and losses that can reasonably be attributed to the operation of the plan’s pension fund that holds those contributions.

(5)  Interest, gains and losses referred to in this section shall be calculated in the manner prescribed and applied to contributions at the rates and times prescribed.

(6)  Interest need not be applied under this section to contributions made in the circumstances described in section 37(5) if payment of those contributions is permitted only for members of the plan who, if they terminated their membership in the plan, would have vested benefits under the plan.

1986 cE‑10.05 s28;1992 c13 s22;1999 c21 s21

Minimum employer contributions for funding of pension

37(1)  Where a member was required to make contributions in order to attain a pension under a defined benefit provision, not more than 1/2 of the commuted value of that pension, so far as it relates to the member’s membership on and after January 1, 1987, may be provided by those contributions, with interest, made on or after that date.

(2)  Where, on the termination of a member’s membership in a plan containing a defined benefit provision, on the termination of such a plan, on the commencement of a member’s pension from such a plan or on the death before pension commencement of a member of such a plan, while employed in Alberta, there are excess contributions relating to any period on and after January 1, 1987, they shall, at the option of the person referred to in clause (a), be

                                 (a)    returned to the member or to a person who is to receive a benefit under section 39, as the case may be,

                                 (b)    transferred to another pension plan, if and to the extent that that plan permits the transfer,

                                 (c)    transferred to an RRSP,

                                 (d)    if the plan so provides, transferred to an insurance business to purchase a deferred pension, or

                                 (e)    if and to the extent that the plan so provides, used to increase the amount of the pension.

(2.1)  Where pension commencement does not take place immediately following the termination of membership or of the plan, then, for the purposes of subsection (2), the plan may provide for the recomputation of the excess contributions as at the date of pension commencement and, if so, those excess contributions are not payable until that recomputation is done.

(3)  For the purposes of subsections (1) and (2), a defined benefit provision may treat

                                 (a)    contributions to a supplemental plan containing a defined benefit provision as aggregated with those made to the plan to which it is supplemental, and

                                 (b)    the commuted value deriving from the contributions to the supplemental plan as aggregated with that under the principal plan.

(4)  A defined benefit provision may apply subsections (1) and (2) exclusive of the expression “on and after January 1, 1987”, but, where the provision does so, it must not provide for the member to receive any lump sum amount otherwise permitted under section 46(2).

(5)  Where a defined benefit provision of a specified multi‑employer plan provides that a member who has not accrued the maximum pension permitted under the plan in a fiscal year of the plan is permitted to make contributions in order to increase the member’s pension accrual up to the maximum permitted for that year under the plan, any such contributions, with interest, and the commuted value deriving from those contributions and interest are not to be taken into account for the purposes of subsection (1) or (2).

(6)  This section does not apply with respect to additional voluntary contributions or optional ancillary contributions.

RSA 2000 cE‑8 s37;2005 c26 s24;2008 c14 s10

Portability of commuted value of benefits

38(1)  Where

                                 (a)    an entitlement to receive a pension has vested in a member, and

                                 (b)    the member terminated membership in the pension plan, or the member’s plan was terminated,

                                           (i)    on or after January 1, 1987,

                                          (ii)    while the member was employed in Alberta, and

                                         (iii)    to the extent that the pension arose under a defined benefit provision and if pension commencement has not yet occurred, before the date that was 10 years before the member’s attaining pensionable age,

the member may make a transfer from the plan, in the manner and to the extent prescribed, of the whole of the commuted value of the member’s pension in respect of that membership on and after the initial qualification date in accordance with subsection (2).

(2)  Subject to subsections (2.1) and (2.2), a transfer under subsection (1) must be made in full at one time and may be made to one or more of whichever of the following vehicles are applicable, namely,

                                 (a)    at any time

                                           (i)    to another pension plan on the condition that the eventual payment from the other plan be made only in the form of a pension that would otherwise be required or permitted by this Act or a benefit referred to in section 46(3), or

                                          (ii)    to a locked‑in retirement account on the conditions prescribed under section 87(1)(e),

                                 (b)    at any time if the plan so provides, to an insurance business to purchase a deferred annuity that is not commutable, that will not commence earlier than attainment of the age of 50 years and that will be in the form referred to in clause (a)(i), or

                                 (c)    at any time after attainment of the age of 50 years if the plan so provides,

                                           (i)    to an insurance business to purchase an annuity in the pension form referred to in clause (a)(i), or

                                          (ii)    to a retirement income arrangement.

(2.1)  A transfer under subsection (1) may be made as a series of 2 or more payments at different times if the whole of the commuted value cannot be transferred at one time because of the application of section 82(3).

(2.2)  A transfer under subsection (1) (whether at a single time or as a series of payments under subsection (2.1)) may not be severed so that the transfer is made to 2 or more different vehicles referred to in subsection (2) if the transfer at one time of the whole of the commuted value to a single vehicle would result in the transferred money’s being locked in but severance would render any portion of it unlockable.

(3)  Subject to subsection (4), a member of a specified multi‑employer plan who has not completed at least 350 hours of employment during the period of the last 2 consecutive completed fiscal years of the plan may, in the manner and to the extent prescribed in relation to subsection (1), make the transfer referred to in subsection (1).

(4)  The plan may provide that if the member’s employment after the period referred to in subsection (3) has resulted in the accrual of further benefits under the plan, subsection (3) only applies if, applying the terms of the plan, a termination of membership occurred on or before the date of the administrator’s receipt of an application for the transfer under that subsection.

(5)  The application referred to in subsection (4) must not be received earlier than the end of the period referred to in subsection (3).

(6)  A specified multi‑employer plan may provide that a member who is no longer employed by any participating employer or in a class of employees referred to in section 29(1) that is covered by the plan may, in the manner and to the extent prescribed in relation to subsection (1), make the transfer referred to in that subsection.

(7)  Notwithstanding subsections (1), (3) and (6), the plan may provide that if the commuted value of the pension does not exceed the prescribed amount, the member must make the transfers referred to in those subsections.

(7.1)  Where a person

                                 (a)    who became a member of a pension plan after the commencement of this subsection,

                                 (b)    who terminates membership in the plan, and

                                 (c)    to whom no defined benefit provisions of the plan apply,

is entitled to a benefit under the plan, the plan may require the member to effect a transfer of that benefit from the plan in accordance with subsection (2) within 90 days of the termination of membership.

(8)  On making the transfer under subsection (1), (3) or (6), the member is not entitled to any further benefits in respect of the member’s membership before the transfer or, where applicable, the period of the member’s membership that was subject to the transfer.

(8.1)  For the purposes of subsection (8), where the transfer is made as a series of 2 or more payments pursuant to subsection (2.1), no transfer is deemed to be made until the last payment in the series, comprising the remaining balance of the commuted value, is made.

(9)  A pension plan may, where a member terminated membership in that plan due to the member becoming a member of another plan to which the employer was required to contribute on the member’s behalf and the first‑mentioned plan has not been terminated, postpone the member’s entitlement to transfer the commuted value of the member’s pension under subsection (1) until the member has terminated membership in that other plan or that other plan is terminated, whichever occurs first.

RSA 2000 cE‑8 s38;2005 c26 s25

Pre-pension commencement death benefits

39(1)  Where a member or former member who has not commenced a pension dies, benefits are payable, if applicable,

                                 (a)    to the member’s or former member’s surviving pension partner unless a waiver has been validly executed under subsection (5.1), or

                                 (b)    if there is no surviving pension partner or if such a waiver has been validly executed, to the member’s or former member’s designated beneficiary or, if there is no valid designation of beneficiary, to the personal representatives of the member’s or former member’s estate in their representative capacity.

(2)  If an entitlement to receive a pension would not have vested in the deceased had the deceased terminated membership immediately before dying, the benefit under subsection (1)(a) or (b) is a lump sum payment of the deceased’s contributions with interest.

(3)  Additional voluntary contributions are to be paid as lump sums under subsection (1).

(4)  Subject to section 46(1) and (3), if an entitlement to receive a pension would have vested in the deceased had the deceased terminated membership immediately before dying, or had vested in the deceased because the plan had been terminated, and there is a surviving pension partner who has not validly executed a waiver under subsection (5.1), the benefit that the surviving pension partner is to receive under subsection (1)(a) is a pension whose commuted value is not less than the sum (so far as applicable) of

                                 (a)    the deceased’s contributions made before January 1, 1987, with interest,

                                 (b)    the greater of

                                           (i)    60% of the commuted value of the pension in respect of the deceased’s membership on and after January 1, 1987 and before January 1, 2000, plus excess contributions relating to that period, and

                                          (ii)    the deceased’s contributions to the plan made on and after January 1, 1987 but before January 1, 2000, with interest,

                                     and

                                 (c)    the commuted value of the pension with respect to the deceased’s membership, plus excess contributions, relating to any period on and after January 1, 2000.

(5)  If an entitlement to receive a pension would have vested in the deceased had the deceased terminated membership immediately before dying, or had vested in the deceased because the plan had been terminated, and there is no surviving pension partner or if a waiver has been validly executed under subsection (5.1), the benefit under subsection (1)(b) is a lump sum payment in the amount of

                                 (a)    with respect to the deceased’s membership before January 1, 2000, the deceased’s contributions made before that date, with interest, and

                                 (b)    with respect to the deceased’s membership on and after January 1, 2000, the benefit specified in subsection (4)(c).

(5.1)  A pension partner who is entitled or potentially entitled to receive a benefit under this section may, before the member or former member’s death and before the benefit is paid or commences to be paid, waive the benefit in the prescribed form and manner and under prescribed conditions that reflect section 40(4)(b), in which case that person is not entitled to receive any benefits under this section, and if the member or former member has designated or designates that pension partner as the designated beneficiary, then that valid waiver also applies with respect to any benefit that the pension partner would otherwise have received as the designated beneficiary.

(5.2)  Subsections (6) to (10) apply only to a pension partner who has not validly executed a waiver under subsection (5.1).

(5.3)  A waiver under subsection (5.1) of a benefit becomes void if the member or former member remains alive when the benefit is paid or commences to be paid.

(6)  The surviving pension partner may transfer the whole of the commuted value of the pension in accordance with the conditions specified in and in relation to section 38(1) and (2), but the plan may provide that the pension partner must make the transfer or that the pension partner may only make the transfer if the deceased would have been entitled to make a transfer,

                                 (a)    if a member, had the deceased terminated membership in the plan immediately before dying, or

                                 (b)    if a former member, had the deceased been a member and had the deceased terminated membership in the plan immediately before dying.

(7)  The surviving pension partner has the same options in relation to the excess contributions referred to in subsection (4)(b)(i) and (c) as the deceased member would have had under section 37(2).

(8)  A surviving pension partner may receive as a lump sum payment any part of a pension payable to the pension partner that arises from the member’s and the employer’s contributions made before January 1, 1987 if the plan so provides in respect of a member, and if the deceased would have been entitled to receive as a lump sum payment the part of the pension in the applicable circumstances set out in subsection (6)(a) or (b).

(9)  A plan must provide that if a surviving pension partner dies before pension commencement without having elected or become entitled to make the transfer under subsection (6), a lump sum payment equal to at least that payable under subsection (5) (in the circumstances in which it is applicable) is to be paid to the pension partner’s designated beneficiary or, if there is no such person living, to the personal representatives of the pension partner’s estate in their representative capacity.

(10)  The pension payable to a surviving pension partner under this section is payable on or after the date that is 10 years prior to the date when the pension partner reaches the plan’s pensionable age.

RSA 2000 cE‑8 s39;2002 cA‑4.5 s33;2005 c26 s26;
2008 c14 s11

Post-pension commencement survivor benefits

40(1)  Notwithstanding anything in this Part except this section and section 46(1) and (2), the pension payable to a former member who had a pension partner at the date when the former member commenced the pension is to be a joint pension payable during the joint lives of the former member and the former member’s pension partner and that, after the death of either, continues to be payable to the survivor for life.

(2)  A pension plan may provide for the joint pension to the survivor to be decreased by not more than 40% or, subject to subsection (3), adjusted.

(3)  The joint pension may be adjusted only if its actuarial present value following the adjustment is not less than the actuarial present value of the normal form of pension under the plan that would be payable to the former member from the former member’s pensionable age were it not for this section and the provision in the plan corresponding to this section.

(4)  The former member may receive a pension that does not comply with this section or that is payable in accordance with section 43(2) if the administrator before pension commencement received

                                 (a)    a statement by the pension partner in the prescribed form that

                                           (i)    stated that the pension partner had reviewed the information referred to in section 15(1)(d) and was aware of the pension partner entitlements under subsections (1) to (3),

                                          (ii)    waived those entitlements, and

                                         (iii)    was signed by the pension partner in the presence of a witness and outside the presence of the member or former member,

                                     and

                                 (b)    proof in the prescribed form and satisfying the prescribed conditions that the pension partner obtained independent advice about the implications of executing that statement.

(4.1)  A pension partner who has validly executed a statement under subsection (4) is deemed to be the sole designated beneficiary of the former member, notwithstanding any actual designation of beneficiary and any other law relating to such an actual designation.

(4.2)  Subsection (4.1) does not apply if the administrator before pension commencement received

                                 (a)    a statement by the pension partner in the prescribed form that

                                           (i)    stated that the pension partner had reviewed the information referred to in section 15(1)(d) and was aware of the pension partner entitlement under subsection (4.1),

                                          (ii)    waived that entitlement, and

                                         (iii)    was signed by the pension partner in the presence of a witness and outside the presence of the member or former member,

                                     and

                                 (b)    proof in the prescribed form and satisfying the prescribed conditions that the pension partner obtained independent advice about the implications of executing that statement.

(4.3)  If a pension partner who is the deemed beneficiary by virtue of subsection (4.1) does not survive the former member, another person who has actually been designated as the designated beneficiary is the designated beneficiary of the former member.

(4.4)  A waiver under subsection (4) or (4.2) of a benefit becomes void if the member or the former member dies before the benefit is paid or commences to be paid.

(5)  A statement under subsection (4) or (4.2) is not valid if it is made more than 90 days before pension commencement.

(6)  This section does not apply if payment of the pension commenced before January 1, 1987.

(7)  Where an additional amount of pension is payable from pension commencement other than by way of an adjustment of pension pursuant to section 43(2) and the plan provides for that additional amount to cease at the date when a pension becomes available or when receipt of the pension occurs under the Canada Pension Plan (Canada), the Quebec Pension Plan (Quebec) or the Old Age Security Act (Canada), then that additional amount of pension is exempt from this section.

RSA 2000 cE‑8 s40;2002 cA‑4.5 s33;2005 c26 s27

Surviving pension partners change in status

41   A pension payable to the surviving pension partner of a deceased member or former member does not cease on the pension partner’s acquiring a new pension partner on or after January 1, 1987.

RSA 2000 cE‑8 s41;2002 cA‑4.5 s33

Ancillary benefits

42(1)  A pension plan may provide, as an ancillary benefit, any of the following benefits:

                                 (a)    disability benefits;

                                 (b)    bridging benefits;

                                 (c)    to the extent that they exceed the minimum requirements of this Part,

                                           (i)    pre‑retirement death benefits,

                                          (ii)    early retirement benefits, and

                                         (iii)    postponed retirement benefits, being enhancements to the pension of a person referred to in section 44(2) beyond that payable as a result of the application of that subsection;

                                 (d)    other benefits that are prescribed to be ancillary benefits.

(2)  When and only when a member or former member meets all the eligibility requirements under the plan necessary to exercise the right to receive the ancillary benefit, that benefit becomes part of the member’s or former member’s overall benefit entitlement.

(3)  Subsection (2) does not apply to optional ancillary benefits.

RSA 2000 cE‑8 s42;2005 c26 s28

Adjustments in pension for CPP, QPP and OAS

43(1)  In this section, “CPP”, “QPP” and “OAS” mean respectively the Canada Pension Plan (Canada), the Quebec Pension Plan (Quebec) and the Old Age Security Act (Canada).

(2)  A pension plan may provide that a member or former member may, on or before commencement of a pension, elect to receive a pension the amount of which is adjusted by reference to benefits payable under CPP, QPP or OAS, so long as the pension payments payable to the member or former member or, if the member or former member predeceases the member’s or former member’s pension partner and the pension partner is to continue to receive the pension, to that pension partner, after the benefits under OAS and either CPP or QPP have commenced are not less than the amount prescribed for monthly pension payments in relation to section 46(1).

(3)  The plan may only make provision under subsection (2), so far as it relates to a member or former member who has a pension partner, if the administrator receives a statement by the pension partner, on or before the election under subsection (2), that complies with section 40(4).

(4)  Where a pension plan provides for the reduction of a pension by reason of a member’s or former member’s entitlement to a pension under CPP, QPP or OAS, the reduction must not exceed the sum of

                                 (a)    the amount of the pension payable under CPP or QPP, calculated at the date of the termination of membership, the member’s or former member’s death or pension commencement or the termination of the plan, multiplied by the fraction whose numerator is the number of completed months of employment, not exceeding 420, credited for the purpose of determining benefits under the pension plan and whose denominator is 420, and

                                 (b)    the amount of the pension payable under OAS, calculated at the date of the event referred to in clause (a), multiplied by the fraction whose numerator is the number of completed months of employment, not exceeding 420, so credited up to January 1, 1987 and whose denominator is 420.

(5)  The amount of pension being paid under a plan may not be reduced in respect of any change in the benefits being paid under CPP, QPP or OAS.

RSA 2000 cE‑8 s43;2002 cA‑4.5 s33

Age provisions in pension plans

44(1)  A pension plan must provide for

                                 (a)    a specific age, or

                                 (b)    a date by reference to a specific age,

at which members are normally eligible to commence to receive a pension under the plan without reduction or increase, without taking into account any term of the plan whereby an individual member is permitted to commence to receive a pension before or after the general membership would normally commence to receive it.

(2)  Subject to this section, where a member continues in employment after reaching pensionable age, the member continues to be a member on the same basis that applied before the member reached pensionable age.

(3)  A plan may

                                 (a)    fix a maximum number of years of employment that can be taken into account in determining the pension, or

                                 (b)    fix a maximum amount for the pension,

and, when the member reaches that maximum, no further contributions are payable by the member.

(4)  A plan may provide that a member may choose to commence receiving a pension from pensionable age instead of continuing to be a member under subsection (2), in which case no further contributions are payable by the member, but a specified multi‑employer plan may require the member to commence receiving the pension from pensionable age.

(5)  A member whose plan is terminated, or who terminates membership, on or after January 1, 1987 and in whom an entitlement to receive a pension vests in accordance with section 31 or 33 may commence to receive such pension, at any time on or after the date that is 10 years prior to the member reaching pensionable age, as is accrued to that time.

(6)  A pension that commences before pensionable age under subsection (5) may be reduced in comparison with what would have been payable had it commenced at pensionable age, but only if the actuarial present value of the reduced pension is at least equal to the aggregate of that of

                                 (a)    the pension that would have been payable commencing at pensionable age, and

                                 (b)    any other benefit to which the member would have been entitled had the member terminated membership and elected to commence to receive the pension at pensionable age.

(7)  A pension must commence not later than the last moment as of which that person is allowed to commence to receive a pension under the tax Act.

1986 cE‑10.05 s35;1992 c13 s28;1999 c21 ss27,54

Payment or transfer of contributions or benefits

45(1)  Where a person becomes entitled to have contributions made to a pension plan paid to the person, the payment, with interest, shall be made within 60 days after the event giving rise to the payment or the completion and filing of all documents required to authorize the making of the payment, including any evidence required under section 86, whichever is the later.

(2)  Where a person becomes entitled to have benefits transferred from a pension plan, the transfer shall be made within 60 days after the event giving rise to the transfer or the completion and filing of all documents required to authorize the transfer, including any evidence required under section 86, whichever is the later.

(3)  Notwithstanding anything in this Act (including Part 4), any entitlement given by this Act to have contributions with interest paid to a person or to transfer them applies only in relation to contributions with interest that have not previously been paid out of or transferred from the plan.

1986 cE‑10.05 s36;1992 c13 s29;1999 c21 s28

Variations in benefits

46(1)  A pension plan, a locked‑in retirement account or a retirement income arrangement must provide for the option of payment to a former member or the surviving pension partner of a deceased member or former member of an amount equal to the commuted value of the pension to which the former member or surviving pension partner is entitled if the prescribed conditions are met.

(2)  Subject to section 37(4), a pension plan may provide that a former member who has terminated membership, or whose plan has been terminated, before the former member reaches pensionable age may receive, in partial discharge of the entitlement to a pension payable under section 31(1) or payable under section 33 in respect of the former member’s membership before January 1, 1987, a lump sum amount that in total does not exceed 25% of the commuted value of that pension.

(3)  Subject to subsection (5), a pension plan or, where a benefit has been transferred to a locked‑in retirement account or a retirement income arrangement, the locked‑in retirement account or retirement income arrangement holding the transferred money, may provide that

                                 (a)    if a member, a former member or the surviving pension partner of a deceased member or former member has a terminal illness or a disability that is likely to shorten that person’s life considerably, that person may, before payment of the pension commences, elect to convert the pension or part of it on the prescribed basis to a payment or series of payments for a fixed term to that person, and

                                 (b)    a former member who has not commenced a pension or the surviving pension partner of a member or a former member who has not commenced a pension is entitled to withdraw all the money to which that person is entitled as a lump sum on providing written evidence that the Canada Revenue Agency has confirmed the person’s non‑residency for the purposes of the tax Act.

(4)  The terminal illness or the degree of disability required by subsection (3) must be certified by a medical practitioner.

(5)  A member or former member who has a right to elect to convert a pension or part of a pension under subsection (3) and who has a pension partner may make that election only if the administrator has received a statement by the pension partner in the prescribed form that

                                 (a)    states that the pension partner is aware of the pension partner entitlements under the plan,

                                 (b)    waives those entitlements, and

                                 (c)    was signed by the pension partner in the presence of a witness and outside the presence of the member or former member.

(6)  In subsection (5), “administrator” includes a person who administers a locked‑in retirement account or a retirement income arrangement.

(7)  A pension plan may provide that instead of receiving payments in the form of a pension, a member may elect to receive payments under a retirement income arrangement, but any provision of a plan made under this subsection is subject to the prescribed conditions.

(8)  A pension plan with defined contribution provisions may provide for the prescribed benefits to be paid if the plan also includes the procedures relating to those benefits that are required by the Superintendent.

(9)  On application in writing, the Superintendent may give written consent on the prescribed basis to the commutation or surrender, in whole or in part, of a locked‑in retirement account, a retirement income arrangement or an RRSP referred to in section 35(2) on the grounds of the person’s being in circumstances of financial hardship and need, and with that consent, that transaction is valid, notwithstanding section 85(1) and (4).

RSA 2000 cE‑8 s46;2002 cA‑4.5 s33;2005 c26 s29;
2008 c14 s12

Further variation — for reduction in working time

47(1)  A pension plan may provide that a member

                                 (a)    whose working time and remuneration are reduced by agreement with the employer,

                                 (b)    who has not commenced to receive a pension, and

                                 (c)    who is within 10 years of attaining or has attained pensionable age,

is entitled to receive from the plan, under the prescribed conditions, a lump sum payment in an amount not exceeding the prescribed amount representing partial compensation for the reduction in remuneration for each year covered by the agreement.

(2)  When the member ultimately terminates, the pension receivable is to have the prescribed adjustment made to it.

(3)  Notwithstanding section 27(1), the plan may not contain provisions  dealing with the lump sum payment that are more favourable than those contained in subsection (1) and the regulations made with reference to subsection (1).

RSA 2000 cE‑8 s47;2005 c26 s30

Funding and solvency requirements

48(1)   This section applies only in relation to pension plans that contain defined benefit provisions.

(2)  Subject to subsection (6), a pension plan must provide for funding, in accordance with the prescribed tests for the solvency of pension plans and other provisions of the regulations, that is adequate to provide for payment of all benefits.

(2.1)  A pension plan must provide for testing in accordance with the prescribed tests.

(3)  A pension plan must be funded in accordance with the actuarial valuation reports and cost certificates referred to in section 14(3)(b), as amended pursuant to any direction of the Superintendent under section 14(4).

(4)  Subject to subsection (6), an employer, or in the case of a plan under whose terms the employer or employers and the employees have joint responsibility for funding the plan and that meets the prescribed criteria, those employers and employees shall make contributions to the plan that are sufficient to pay for all the benefits in accordance with the requirements referred to in subsection (2).

(5)  Notwithstanding subsections (3) and (4), a plan for connected individuals must be funded in accordance with the plan’s actuarial valuation reports, whether filed or not, and the employer shall make contributions to it to the level prescribed.

(6)  An employer’s liability in respect of funding the benefits of

                                 (a)    a specified multi‑employer plan, or

                                 (b)    a pension plan, other than a specified multi‑employer plan, that is established, and maintained pursuant to contributions required, under a collective agreement and whose administrator is a board of trustees,

is limited to the amount that the employer is contractually required to contribute to the plan.

(7)  Repealed 2005 c26 s31.

RSA 2000 cE‑8 s48;2005 c26 s31

Fund holders and custodians

49(1)  The pension fund of a pension plan must be held in the name of the plan by

                                 (a)    an insurance company under a contract for insurance,

                                 (b)    a trust in Canada governed by a written trust agreement under which the trustees are

                                           (i)    a trust corporation or a corporation incorporated by or under a statute of Parliament or of the Legislature of a province or territory to provide pensions to employees, or

                                          (ii)    subject to subsection (1.1), 3 or more individuals at least 3 of whom reside in Canada and at least one of whom is not a significant shareholder, partner or employee of the employer or a proprietor of the business of the employer,

                                 (c)    a society established under the Pension Fund Societies Act (Canada),

                                 (d)    a person pursuant to the Government Annuities Act (Canada), or

                                 (e)    a combination of the persons referred to in 2 or more of clauses (a) to (d).

(1.1)  A fund holder consisting of a trust to which subsection (1)(b)(ii) applies must hold the pension fund through a custodian.

(1.2)  The custodian referred to in subsection (1.1) may hold the pension fund or part of it with a subcustodian through a lawful subdelegation referred to in section 1(1)(i.1).

(2)  In subsection (1)(b)(ii), “significant shareholder” means, in relation to an employer that is a corporation, an individual who, alone or in combination with the individual’s parent, brother, sister, pension partner or child, owns or has a beneficial interest, directly or indirectly, in shares that represent 10% or more of the voting entitlement attached to all the shares of the employer.

(3)  Where the pension fund of a plan is to be held by an insurance company under individual contracts for insurance for each member, those contracts must

                                 (a)    be held on the terms of an express trust whose trustees are or include a trust corporation or at least 2 individual trustees, and

                                 (b)    be issued or assigned to the trustees.

(4)  The trustees must be entitled to deal fully with all the contracts, including the assignment or transfer of each contract to the applicable member on the termination of membership or of the plan or on pension commencement.

RSA 2000 cE‑8 s49;2002 cA‑4.5 s33;2005 c26 s32

Remitting of contributions

50(0.1)  In this section, “ultimate recipient” means, in relation to a pension plan,

                                 (a)    if the fund holder is a trust to which section 49(1)(b)(ii) applies, the custodian, and

                                 (b)    if the fund holder is not such a trust, the fund holder.

(1)  An employer shall, within the prescribed period, remit employer and member contributions due to the plan,

                                 (a)    in the case of a specified multi‑employer plan or a multi‑unit plan, to the administrator, and

                                 (b)    in the case of any other plan, to the ultimate recipient.

(2)  The administrator of a specified multi‑employer plan or a multi‑unit plan shall, within the prescribed period after receiving the contributions from the employer, remit them to the ultimate recipient.

(3)  If the ultimate recipient does not receive the contributions it should receive within the period prescribed with reference to subsection (1)(b) or (2), as the case may be, it shall, within the prescribed period, report that fact in writing to the Superintendent.

(3.1)  The ultimate recipient shall monitor the remittances that have been and that should have been received by it so as to be able to give the report required by subsection (3) accurately and in time.

(3.2)  The employer or administrator, as the case may be, shall provide to the ultimate recipient, at the prescribed time and in the form required by the Superintendent, a summary of the contributions that it is required by this section to remit and that it expects to remit that will enable the ultimate recipient to comply with this section.

(3.3)  If any information provided under subsection (3.2) becomes inaccurate, the employer or administrator shall forthwith provide to the ultimate recipient a revised statement giving the correct information.

(4)  Money that an employer is required to pay into a pension fund shall be treated as accruing on a daily basis.

RSA 2000 cE‑8 s50;2005 c26 s33

Trust arrangement for contributions

51(1)  Where an employer receives or withholds money from an employee under an arrangement whereby the employer will pay the money into a pension fund as the employee’s contributions under the pension plan, the employer holds the money in trust for the employee until the employer pays the money into the pension fund.

(2)  An employer who is required to pay contributions to a pension fund holds in trust for the beneficiaries of the pension plan an amount equal to the employer contributions due and not paid into the pension fund.

(2.1)  An administrator who is required to remit contributions under section 50 holds in trust for the beneficiaries of the pension plan an amount equal to those contributions that remain to be so remitted.

(3)  Where a pension plan is terminated or wound up in whole or in part, an employer who is required to pay contributions to the pension fund holds in trust for the members, former members and beneficiaries of the pension plan an amount equal to employer contributions accrued to the date of the termination or winding‑up but not yet due.

(4)  Subsections (1), (2) and (3) apply whether or not the money has been kept separate and apart from other property of the employer.

(5)  Subsections (1) to (4) apply in respect of money to be paid to an insurance business that guarantees benefits under a pension plan.

RSA 2000 cE‑8 s51;2005 c26 s34

Deemed trust for unremitted contributions

52(1)  In this section, “security interest” has the meaning given to it in the Personal Property Security Act.

(2)  Subject to subsection (3) and section 53, money held by an employer in respect of a member, former member or beneficiary of a plan subject to a trust under section 51 is secured by a security interest on the property and assets of the employer to a maximum of $5000 whether or not that property or those assets are subject to other security interests and is payable, without registration or other perfection of that security interest, in equal priority to claims or rights under section 109 of the Employment Standards Code as applied with respect to the money so held.

(3)  This section and sections 51 and 53 apply notwithstanding any other Act but with the same force as sections 109 and 111 of the Employment Standards Code.

(4)  The security interest under this section may be enforced by the administrator, who may commence and conduct a proceeding to enforce it.

1992 c13 s34;1996 cE‑10.3 s142

Registration of claim for contributions

53(1)  If the administrator of a pension plan makes a written claim on an employer on behalf of any person entitled to a benefit under the plan for payment of an amount held subject to a trust under section 51, the administrator may file that claim in a land titles office.

(2)  The registration of the claim creates a secured charge in favour of the administrator, on behalf of the person entitled to the benefit, for the amount payable under section 51 set out in the claim, against all estates and interests in land owned or held by the employer.

(3)  The secured charge has the same priority it would have if it were a mortgage registered against the estates and interests in the land.

(4)  On payment of the money that is the subject of the secured charge, the plan administrator shall have the registration under this section discharged.

1992 c13 s34

Investment requirements

54   Assets of a pension plan must be invested, and the investments must be made, in accordance with the regulations and in a manner that a reasonable and prudent person would apply to the plan’s portfolio of investments having regard to the plan’s liabilities.

1986 cE‑10.05 s41;1999 c21 s33

Benefits and assets on winding‑up

55(1)  Subject to sections 48(2), (4) and (5), a pension plan containing a defined benefit provision must provide on the prescribed basis, or on any other basis that the Superintendent considers reasonable and equitable in the circumstances and consents to in writing,

                                 (a)    for the methods of allocation and distribution of the assets of the plan at the termination of and in the winding‑up of the plan in the event that the plan’s assets are not sufficient to pay all benefits at the plan’s termination, and

                                 (b)    except in the case of a specified multi‑employer plan or a pension plan to which section 48(6) applies, that payments are to be made in accordance with section 73(2) or (3), as the case may be.

(2)  A pension plan must provide for the allocation of any surplus assets in the winding‑up of the plan

                                 (a)    to the members or former members or their surviving pension partners or designated beneficiaries or the personal representatives of their estates,

                                 (b)    to the employer, or

                                 (c)    to any combination of the persons referred to in clause (a) or clauses (a) and (b).

RSA 2000 cE‑8 s55;2002 cA‑4.5 s33;2005 c26 s35

Participating employers withdrawal from SMEPP

56  A specified multi‑employer plan must specify the consequences of a participating employer’s withdrawal from the plan in respect of the funding and vesting of benefits for members and former members affected by the withdrawal.

1986 cE‑10.05 s43;1999 c21 s54

Fiscal year of plan

57(1)  Unless otherwise provided in a pension plan, the fiscal year of the plan is January 1 to the following December 31.

(2)  A fiscal year of a plan may not exceed 12 months without the written consent of the Superintendent.

1986 cE‑10.05 s44

Part 4
Division and Distribution of Benefits on Relationship Breakdown

Interpretation

58(1)  In this Part,

                                 (a)    “agreement” means a matrimonial property agreement;

                          (b), (c)    repealed 2005 c26 s36;

                                 (d)    “share” means, with respect to a member‑pension partner or the non‑member‑pension partner, that person’s share of the total pre‑division benefit resulting from the division under this Part and that, in the case of the non‑member‑pension partner, is to be distributed under this Part;

                                 (e)    “pension partner” means a pension partner, including a former pension partner, to whom this Part applies;

                                 (f)    “total pre‑division benefit” means the total benefit, or the value of that benefit, accrued to the member‑pension partner immediately before the division under this Part and on which that division is to be based pursuant to this Part.

(2)  References in this Part to this Part include the regulations made with reference to this Part.

RSA 2000 cE‑8 s58;2002 cA‑4.5 s33;2005 c26 ss36,53

Prevalence of this Part in relation to benefits

59(1)  Notwithstanding the Matrimonial Property Act or any other rule of law or equity to the contrary, the Court shall not make a matrimonial property order dividing or distributing a benefit or any portion of a benefit except in a manner that complies with this Part.

(2)  Nothing in subsection (1) prevents the Court from distributing, under the Matrimonial Property Act, property that is not a benefit in a manner that takes account of how a benefit is to be divided or distributed in compliance with this Part.

1999 c21 s35

Application

60(1)  This Part applies with respect to the division and distribution of benefits where, as between a member‑pension partner and the non‑member‑pension partner, a matrimonial property order or agreement is filed with an administrator, and this Part applies notwithstanding any other provision of this Act, except as specifically stated, and notwithstanding any other rule of law or equity to the contrary.

(2)  This Part applies only with respect to a matrimonial property order made or agreement entered into

                                 (a)    on or after March 1, 2000,

                                 (b)    before March 1, 2000 if there is filed with the administrator a written election by both pension partners to have this Part apply.

RSA 2000 cE‑8 s60;2002 cA‑4.5 s33;2005 c26 s53

Matrimonial property orders

61   Subject to this Part, the entitlement of any person to a benefit is subject to entitlements arising under a matrimonial property order or agreement filed with the administrator.

1999 c21 s35

Division and distribution of benefits

62   Benefits must be divided between the member‑pension partner and the non‑member‑pension partner, and the non‑member‑pension partner’s share distributed, in accordance with this Part and the prescribed conditions, in the prescribed manner and, subject to the foregoing, in accordance with the applicable matrimonial property order or agreement.

RSA 2000 cE‑8 s62;2002 cA‑4.5 s33;2005 c26 s53

Valuation of benefits

63(1)  The value of the total pre‑division benefit and the non‑member‑pension partner’s share must be calculated in the prescribed manner.

(2)  The division of a benefit between the pension partners must not reduce the member‑pension partner’s share of the total pre‑division benefit by more than 50%.

(3)  The aggregate of the actuarial present values of the shares of both pension partners must equal the actuarial present value of the total pre‑division benefit.

(4)  The total pre‑division benefit and the value of the non‑member‑pension partner’s share are to be based only on the prescribed proportion of the total period for which the benefit was accruing.

(5)  Subsection (2) does not apply with respect to additional voluntary contributions or optional ancillary contributions, and nothing in this Part prohibits the receipt by either pension partner of all or most of either or both kinds of contributions.

RSA 2000 cE‑8 s63;2002 cA‑4.5 s33;2005 c26 s53

Locking in of non‑member‑pension partners  share

64(1)  A provision of a pension plan that prohibits terminating members from transferring their pension entitlements if they are within 10 years of pensionable age does not apply with respect to a non‑member‑pension partner’s share.

(2)  Sections 35 and 46, as they apply with respect to a member‑pension partner, also apply with respect to the non‑member‑pension partner’s share.

(3)  Subject to this section, the non‑member‑pension partner’s share may be transferred under the prescribed conditions.

RSA 2000 cE‑8 s64;2002 cA‑4.5 s33;2005 c26 s53

Bar against further claims

65   If the full amount of the non‑member‑pension partner’s share has been distributed pursuant to this Part,

                                 (a)    that pension partner has no further entitlement to any benefit or any other right under the plan, and

                                 (b)    the administrator and the plan have no further obligation to that pension partner and have no liability to either pension partner or any other person by reason only of the fact that the matrimonial property order or agreement was complied with.

RSA 2000 cE‑8 s65;2002 cA‑4.5 s33;2005 c26 s53

Adjustment of members share

66   After the division, the administrator shall adjust the member‑pension partner’s share in the prescribed manner.

RSA 2000 cE‑8 s66;2002 cA‑4.5 s33;2005 c26 s53

Application to Court for clarification, etc.

67(1)  If, on the filing of a matrimonial property order or agreement, the administrator is unable to comply with it because it is incomplete, it does not comply with this Part or the plan or there is doubt as to what exactly the administrator must do to comply with it, the administrator may apply to the Court to redress the situation arising from that inability so to comply.

(2)  An application under subsection (1) must be made on 7 days’ notice or on any shorter period that the Court allows.

(3)  The costs of an application under subsection (1) are to be borne by both or either of the pension partners, as decided by the Court and, to the extent that any such costs are paid by the administrator, the administrator has a right of action in debt against the pension partner or pension partners for the costs, according to the Court’s decision on the costs.

RSA 2000 cE‑8 s67;2002 cA‑4.5 s33;2009 c53 s57

Fees

68   The administrator may charge a fee for the services provided under this Part in an amount not exceeding that prescribed.

1999 c21 s35

Assignment and protection from execution, etc.

69(1)  The division or distribution of a benefit under a matrimonial property order or agreement does not constitute an assignment, charge, alienation or anticipation of the benefit for the purposes of section 85.

(2)   Both pension partners’ shares, except to the extent that they consist of benefits derived from additional voluntary contributions or optional ancillary contributions, have the exemption from legal process carried by section 85.1.

RSA 2000 cE‑8 s69;2002 cA‑4.5 s33;2005 c26 s37

Filing of documents with administrator

69.1   For the purposes of this Part, a matrimonial property order or agreement is filed with the administrator if it or a certified copy of it is served on the administrator in a manner referred to in section 88 with the onus of proving proper service resting on the server.

2005 c26 s38

Part 5
Termination, Winding‑up and Predecessor and Successor Plans

Events constituting termination

70(1)  The refusal or cancellation of the registration of a pension plan constitutes a termination of the whole of the plan.

(2)  Subject to this section, the suspension or cessation of employer contributions to a pension plan or of the crediting of benefits

                                 (a)    where the suspension or cessation affects only a specific and identifiable class or group of members, constitutes a termination of the part of the plan that is applicable to that class or group, or

                                 (b)    where it affects all members, constitutes a termination of the whole of the plan.

(3)  The suspension of all members of a plan, other than a plan for connected individuals, constitutes a termination of the whole of the plan.

(4)  For the purposes of subsection (2), an employer is deemed to have ceased to make employer contributions, without limitation as to other circumstances, if

                                 (a)    the employer has failed to remit them within the period referred to in section 50(1), and

                                 (b)    the Superintendent

                                           (i)    considers that the employer does not intend to make the contributions, and

                                          (ii)    notifies the employer in writing of that fact.

(5)  Subsection (2) does not apply where employer contributions cease in respect of the sole member or all the members of a plan for connected individuals by reason of the fact that the sole member or all the members have commenced to receive the sole member’s pension or all the members’ pensions, as the case may be.

(6)  The deemed cessation is effective from the last date in respect of which the Superintendent considers that the employer made contributions, and the Superintendent shall specify that date in the notice.

(7)  Subsection (2) does not apply to the extent that excess assets are used to provide employer contributions, so long as the plan does not prohibit that use.

(8)  Except where the Superintendent gives an approval under section 31(4), the cessation or suspension of contributions by a participating employer to a specified multi‑employer plan does not in itself constitute a termination of the part of the plan that relates to that employer and that employer’s employees unless the plan provides that it does so, but the plan may not make any such provision to the extent that it would conflict with regulations made with respect to section 80.

(9)  Notwithstanding subsection (8), where

                                 (a)    all the members of a trade union that holds the right to bargain collectively within the meaning of the Labour Relations Code on behalf of those of its members who are members of a specified multi‑employer plan, cease to be members of that plan, and

                                 (b)    all or a specific and identifiable class or group of the persons referred to in clause (a) do not become members of another plan,

there is a termination of that part of the plan that relates to those persons who do not become members of another plan.

(10)  Where an employer withdraws from a multi‑unit plan and does not join or establish a successor plan, there is a termination of that part of the plan that relates to that employer and members and former members relating to that employer.

(11)  A termination under subsection (1) takes effect when the remedy under section 26 has been exhausted or the time limit for appealing under section 26 has expired without the appeal’s having been made.

RSA 2000 cE‑8 s70;2005 c26 s39;2005 c26 s39

Superintendents authority to declare termination of plan

71(1)  Where an employer has discontinued or is in the process of discontinuing all or an identifiable part of the employer’s business operations, the Superintendent may declare the plan to be terminated or partially terminated, as the case may be, as of the date determined by the Superintendent.

(2)  Where the Superintendent declares a plan to be terminated or partially terminated under subsection (1), sections 25 and 26 apply in respect of that declaration as if the Superintendent were cancelling a registration.

1986 cE‑10.05 s46;1999 c21 s38

Notification of termination or winding‑up

72   An administrator who intends to terminate or to wind up a pension plan shall notify the Superintendent in writing of that intention

                                 (a)    at least 60 days before the date of the intended termination or commencement of the winding‑up, or

                                 (b)    if it is intended to terminate or to commence to wind up the plan within 60 days after the decision to terminate or wind up is made, immediately after the making of that decision.

1986 cE‑10.05 s47

Payments to meet solvency requirements

73(1)  Subject to this section, within 30 days after the termination of a pension plan, the employer shall pay into the plan all amounts whose payment is required by the terms of the plan or this Act and, without limiting the generality of the foregoing, shall make all payments that, by the terms of the plan or this Act, are due from the employer to the plan but have not been made at the date of the termination and those that have accrued to that date but that are not yet due.

(2)  Where, at the termination of a pension plan other than a specified multi‑employer plan, a multi‑unit plan or a pension plan to which section 48(6) applies, the plan has a solvency deficiency, then, subject to limitations imposed by the tax Act in respect of plans for specified individuals, the employer shall continue to make payments into the plan fund after the termination, and the prescribed rules apply.

(3)  Where a multi‑unit plan is terminated or a participating employer withdraws from a multi‑unit plan and does not join or establish a successor plan that assumes responsibility for the liabilities of the predecessor plan in respect of that employer and there is a solvency deficiency, the employers who are no longer participating employers as a result of that event shall continue to make payments into the plan fund after the termination, and the prescribed rules apply.

(4)  Without limiting subsection (3), the employer designated under section 11(1), if any, is and remains liable to make all the payments required by subsection (3) should the employers referred to in subsection (3) fail to make them.

RSA 2000 cE‑8 s73;2005 c26 s40

Effect of termination on assets

74(1)  On the termination of a pension plan, all contributions made after the initial qualification date in respect of a pension, together with interest, gains and losses described in section 36 on those contributions, shall be applied, to the extent required by the plan and to the extent that they have not already been so applied, toward the provision of the pension.

(2)  All assets of the plan that were subject to this Act before the termination continue to be so subject after the termination.

1986 cE‑10.05 s49;1999 c21 s40

Entitlements on partial termination

75(1)  Subject to subsection (2), where only part of a pension plan is terminated, the entitlements of members and former members affected by the partial termination are not less than those to which they would have been entitled had the whole of the plan been terminated on the date of the partial termination.

(2)  Subsection (1) shall not in itself be construed as entitling any person affected by the partial termination to share in any distribution of the surplus assets on the partial termination of the plan, but the plan may provide such entitlements.

1986 cE‑10.05 s50;1992 c13 s37

Commencement of winding‑up

76(1)  The winding‑up of a pension plan must commence forthwith after the termination of the plan unless the Superintendent gives the Superintendent’s written approval to postponing the winding‑up.

(2)  The Superintendent may at any time in writing withdraw an approval given under subsection (1), in which case the winding‑up must commence forthwith after the withdrawal of the approval.

(3)  Within 60 days after the termination of a pension plan, the administrator shall file with the Superintendent a report prepared by a Fellow of the Canadian Institute of Actuaries or any other person who is prescribed, setting out

                                 (a)    the nature of the benefits to be provided,

                                 (b)    the assets and liabilities of the plan,

                                 (c)    the allocation and distribution of the assets of the plan and the priorities for determining the benefits of persons entitled to them, and

                                 (d)    any other information that the Superintendent may require to ensure that the termination and winding‑up of the plan comply with this Act.

(4)  Where the winding‑up does not commence forthwith after the termination, the administrator shall, within 60 days after the decision to wind up is made, file an additional report prepared by a person referred to in subsection (3) setting out the information required by subsection (3), but updated in a manner acceptable to the Superintendent.

1986 cE‑10.05 s51;1999 c21 s41

Allocation and distribution of assets

77(1)  Assets of a pension plan that has been terminated may not, without the prior written consent of the Superintendent, be applied toward the provision of any benefits until the Superintendent has approved the report required by section 76(3) and, where applicable, section 76(4), except that the administrator may, in respect of occurrences giving rise to the benefits before the termination, pay any benefits to persons entitled to them as they become due.

(1.1)  Without limiting subsection (1), no assets may be applied or paid from a terminated plan in any manner to any person until

                                 (a)    the administrator has applied in writing to the Superintendent for consent to that specific transaction, supported by such documents as the Superintendent requires to determine whether or not the consent should be given, and

                                 (b)    the Superintendent has consented in writing to that transaction.

(2)  Where

                                 (a)    a plan has been terminated,

                                 (b)    there is no approval under section 76(1) in force, and

                                 (c)    the Superintendent considers that no or insufficient action has been taken to wind up the plan,

the Superintendent may direct the administrator to allocate and distribute the assets of the plan, and the administrator shall comply with that direction.

RSA 2000 cE‑8 s77;2005 c26 s41

Missing persons

77.1(1)  In this section,

                                 (a)    “application” means an application under section 7(1) of the Public Trustee Act and this section for an initial order;

                                 (b)    “benefit” means the benefit or, where the context so requires or allows, the portion of the full benefit, that is held in the pension plan and to which a missing person is actually, prospectively or potentially entitled at the termination of the plan, with interest applied after that termination in accordance with this Act;

                                 (c)    “death” includes proof, to the standard required by the law and to the satisfaction of the Court hearing the application proceedings, that the missing person is dead, and “alive” and “living” shall be construed as indicating absence of such proof;

                                 (d)    “further order” means an order of the Court under subsection (20), and includes an order under section 41 of the Public Trustee Act;

                                 (e)    “initial order” means an order under section 7(1) of the Public Trustee Act and this section;

                                 (f)    “maintenance order” means a maintenance order, within the meaning of and including an agreement deemed to be, or that is enforceable as if it were, a maintenance order, under the Maintenance Enforcement Act, whether made or entered into before or after the commencement of this section, to the extent that it is enforceable under that Act and is brought before the Court in proceedings to which this section relates;

                                 (g)    “missing member” means a member or former member who is or was alleged to be missing;

                                 (h)    “missing person” means

                                           (i)    a missing member, or

                                          (ii)    any other person who is actually or prospectively entitled, through a member or former member, to a benefit or, pursuant to subsection (16) or (17)(a), to any of the trust estate, who is or was alleged to be missing;

                                  (i)    “termination” means, with respect to a pension plan, termination of the whole of the plan;

                                  (j)    “trust estate” means the balance of the money representing the missing person’s benefit that is or is to be the subject of the distribution or transfer, as the case may be, referred to in subsection (8)(b) and includes any accretion to or depletion of the original trust estate that is allowed or provided for by the Public Trustee Act;

                                 (k)    “waived the benefit” means validly waived, pursuant to section 39(5.1), the benefit to which the non‑member‑pension partner would otherwise have been entitled.

(2)  Subject to section 77, the administrator shall, as soon as practicable after the termination of the plan and in any case before the initial order is made,

                                 (a)    pay to any person who is beneficially entitled to the benefit and is not a missing person any benefit that the administrator is allowed or required by the plan or this Act to pay to that person, and

                                 (b)    make the division and distribution under and otherwise apply the terms of any matrimonial property order or matrimonial property agreement that has been filed with the administrator, except for the distribution to a missing person.

(3)  If, during the winding up of a terminated pension plan, the administrator is unable to locate one or more of the persons to whom any benefits are to be paid, the administrator shall, within the respective period prescribed,

                                 (a)    make searches for them in accordance with the requirements set by the Superintendent, and

                                 (b)    to the extent that the administrator is still unable to locate them,

                                           (i)    provide to the Superintendent a list of persons not found containing the prescribed information about them, together with evidence that the searches were performed in accordance with those requirements, and

                                          (ii)    unless subsection (13) applies, apply to the Superintendent for consent to make applications in respect of them.

(4)  An application may be made only by the pension plan’s administrator.

(5)  An application may be made only if

                                 (a)    the pension plan holding the benefit has been terminated,

                                 (b)    the administrator has filed with the Superintendent such documents as the Superintendent requires to enable the making of the appropriate decision whether to grant the consent to the making of the application or not,

                                 (c)    the Superintendent has consented under section 77(1.1) to the transfer of the proposed trust estate in accordance with this section and has consented in writing to the making of the application,

                                 (d)    the application complies with subsection (8),

                                 (e)    the application is accompanied with,

                                           (i)    as they appear in the plan’s current records,

                                                  (A)    the full name, address, pension partner status and birth date of the missing person, and

                                                  (B)    so far as applicable, the names and addresses of the missing member’s pension partner and designated beneficiaries,

                                             and

                                          (ii)    so far as they relate to the missing person, remain relevant or potentially or prospectively relevant to the trust estate and are within the possession of the administrator,

                                                  (A)    any current designations of beneficiary, and

                                                  (B)    any waivers of benefits by pension partners,

                                     and

                                 (f)    subsection (13) does not apply.

(6)  Section 9(1) of the Public Trustee Act applies with respect to an initial order or a further order and the notice required to be given under that subsection in relation to an initial order must be accompanied with copies of everything required by subsection (5)(e) to accompany the application.

(7)  If the Superintendent grants the consents referred to in subsection (5)(c), the administrator shall forthwith make the respective applications.

(8)  The application must, without limiting other matters relating to the benefit that may be included or that must be included for the purposes of the Public Trustee Act, request that the initial order direct that

                                 (a)    the benefit be unlocked and the administrator pay any amount that the administrator is required to withhold on account of the missing person’s income tax liability to comply with the administrator’s legal obligations in that regard (in this section referred to as the withholding tax),

                                 (b)    after applying clause (a),

                                           (i)    the benefit beneficially payable to a missing person under a matrimonial property order or a matrimonial property agreement that has been filed with the administrator be distributed, on the missing person’s behalf, to the Public Trustee, or

                                          (ii)    the administrator transfer the balance of the money representing any other missing person’s benefit to the Public Trustee,

                                          to be dealt with in accordance with this section, and

                                 (c)    the Public Trustee be appointed trustee of particular property of the missing person, in accordance with section 7(1)(b)(i) of the Public Trustee Act and this section, consisting solely of the trust estate,

and the Court may grant the application and make the order accordingly.

(9)  Section 7(1) of the Public Trustee Act applies subject to this section, and an application under that provision (but not also under this section) to appoint the Public Trustee trustee of

                                 (a)    particular property of the missing person, that is so worded as potentially to include any benefit, or

                                 (b)    the missing person’s property generally,

is to be treated by the Court as excluding benefits.

(10)  Where the terms of a matrimonial property order or a matrimonial property agreement that has been filed with the administrator require or allow a delay in the distribution of the benefit until the benefit becomes payable to the member, then, notwithstanding Part 4 and the regulations relating to it and the terms of the matrimonial property order or agreement, the matrimonial property order or agreement is to be deemed to require a form of distribution under that legislation that involves no delay.

(11)  If in the application proceedings before the initial order is made a matrimonial property order or a matrimonial property agreement that has not been filed with the administrator is brought before the Court, the Court shall stay the proceedings and order that the matrimonial property order or agreement be filed with the administrator, and the proceedings are not to recommence until and unless it has been so filed and the administrator has carried it out to the extent legally possible.

(12)  When the Court makes an initial order,

                                 (a)    the administrator shall, within 30 days after making the distribution or transfer referred to in subsection (8)(b), provide to the Superintendent a copy of the order and written confirmation that the whole amount of the benefit has been disbursed in accordance with this section and the order,

                                 (b)    notwithstanding any other sections of this Act, the missing person and all other persons entitled or potentially or prospectively entitled to a benefit within the meaning of section 1(1)(e) through the missing person lose all rights and entitlements otherwise given by this Act or the plan relating to that benefit,

                                 (c)    to the extent that they have acted in good faith, the employer or employers, administrator, trustee, fund holder and custodian of the plan have no liability to any person with respect to the trust estate,

                                 (d)    the money that is the subject of the application ceases to be a benefit and becomes trust estate, and

                                 (e)    the administrator shall forthwith provide to the Public Trustee,

                                           (i)    a copy of the initial order,

                                          (ii)    as they appear in the plan’s current records, the full name, birth date and social insurance number of the missing person, and

                                         (iii)    any other documents and information that the administrator has and that the Public Trustee reasonably requires to enable the proper administration of the trust estate.

(13)  Where the administrator has complied with subsections (2) and (3)(a) and (b)(i), a benefit less the withholding tax is less than the prescribed amount and the Superintendent has consented under section 77(1.1) to the relevant transaction described in this subsection, the benefit is unlocked and, after payment of the withholding tax, must be paid,

                                 (a)    in the case of a multi‑unit plan, to the employer with whom the missing member is or was most recently employed or, if that employer no longer exists, to the administrator as such,

                                 (b)    in the case of a specified multi‑employer plan where the employer with whom the missing member is or was most recently employed has a collective agreement, to the bargaining agent with whom that agreement was made, or

                                 (c)    in the case of any other plan, to the employer with whom the missing member is or was most recently employed.

(14)  The Superintendent may provide any personal information within the meaning of the Freedom of Information and Protection of Privacy Act to the Public Trustee that is necessary or advisable to enable the Public Trustee to deal with the trust estate in accordance with this section and may collect any such personal information from the Public Trustee that is incidental to the process set out in this section.

(15)  Sections 7(2) and (4) and 8 of the Public Trustee Act do not apply to the trust estate.

(16)  Notwithstanding any other law, the person entitled to receive the trust estate from the Public Trustee under a further order is

                                 (a)    subject to subsection (17), if the missing person is a missing member who is not dead, that individual, as the person beneficially entitled to it,

                                 (b)    subject to subsection (17), if the missing person is a missing member who is dead,

                                           (i)    a living person who was the deceased’s pension partner at the death and has not waived the benefit, as the person beneficially entitled to it in those circumstances,

                                          (ii)    if there is no such living non‑member‑pension partner or there is such a living non‑member‑pension partner who has waived the benefit, the deceased’s living designated beneficiary, as the person beneficially entitled to it in those circumstances, or

                                         (iii)    if there is no such living non‑member‑pension partner or designated beneficiary, the personal representatives of the deceased’s estate in their capacity as such,

                                     or

                                 (c)    if the member or former member is dead and the person who in the initial order proceedings was declared a missing person is

                                           (i)    a person who survived the deceased member or former member, was the deceased’s pension partner at the death, has not waived the benefit and

                                                  (A)    is not dead, that person as the person beneficially entitled to it in those circumstances, or

                                                  (B)    is dead, the personal representatives of that person’s estate in their capacity as such,

                                             or

                                          (ii)    a designated beneficiary of the deceased, where there is no such surviving non‑member‑pension partner or there is such a non‑member‑pension partner who has waived the benefit, who

                                                  (A)    is not dead, that person as the person beneficially entitled to it in those circumstances, or

                                                  (B)    is dead, the personal representatives of that person’s estate in their capacity as such.

(17)  If the missing person is a missing member, whether the missing member is or is not dead, then, under a further order,

                                 (a)    a person who has a matrimonial property order or a matrimonial property agreement that

                                           (i)    affected the benefit but was not filed with the administrator, or

                                          (ii)    is made or entered into after the initial order is made and affects the trust estate,

                                          is entitled to have that matrimonial property order or agreement carried out against the trust estate,

                                 (b)    a person who has a maintenance order attachable against the trust estate is entitled to have that order carried out, and

                                 (c)    section 41 of the Public Trustee Act applies.

(18)  Where, under a designation of beneficiary, there are 2 or more living designated beneficiaries entitled to the trust estate under subsection (16)(b)(ii) or (c)(ii), those designated beneficiaries are to share the trust estate according to the respective shares specified in the designation of beneficiary.

(19)  References in a matrimonial property order or a matrimonial property agreement referred to in subsection (17)(a)(i) to the benefit or the administrator are deemed to be references to the trust estate or the Public Trustee respectively, and any other adaptations that are necessary resulting from the fact that the order or agreement has become applicable to the trust estate rather than to the benefit are to be deemed made.

(20)  The Court may, on application, order the payment by the Public Trustee to a person who is not or who is no longer missing of the whole or the portion of the trust estate that that person is entitled under this section to receive from the Public Trustee.

(21)  With respect to any matrimonial property order or matrimonial property agreement affecting the trust estate and made or entered into after the initial order is made (including one amending a matrimonial property order or agreement made or entered into before the initial order), the Matrimonial Property Act applies.

(22)  Subject to subsection (23), the trust estate is exempt from execution, seizure or attachment either at law or in equity.

(23)  Sections 10 and 11(2) to (7) of the Public Trustee Act apply with respect to the trust estate notwithstanding that the money is held under this section and, notwithstanding any other provisions of this section, payments may be made under sections 10, 11 and 40 of that Act without the requirement of a further order.

(24)  The Superintendent and any other person whom the Court regards as interested in the application are entitled to be heard in proceedings to which this section relates and to submit any relevant documents, and the administrator shall in writing give sufficient notice of the hearing to the Superintendent.

(25)  The Public Trustee may, but is under no duty to, make representations in any proceedings for an initial or a further order.

2005 c26 s42

Superintendents authority to appoint administrator

78(1)  Where the administrator cannot be located or is insolvent or there is no administrator or no administrator who is able or willing to undertake the winding‑up, the Superintendent may appoint a person to be the administrator for the purposes of the winding‑up and may direct that administrator to allocate and distribute the assets of the plan.

(2)  The Superintendent may appoint himself or herself administrator for the purposes of subsection (1).

(3)  The Superintendent may direct that any expenses incurred in connection with the allocation and distribution of assets under subsection (1), including the Superintendent’s own expenses if the Superintendent is appointed administrator, be paid out of the plan.

(4)  An administrator shall comply with directions given to the administrator by the Superintendent under subsection (1) or (3).

(5)  An administrator appointed under this section

                                 (a)    may amend the plan, and

                                 (b)    on giving notice to a fund holder, custodian or investment advisor for the plan, may substitute that administrator as the party to any contract with that other person in place of the person representing the plan who was previously a party to the contract.

(6)  On the taking effect of subsection (5)(b), for the purposes of the laws relating to contract, the administrator is to be treated as the party to the contract in place of the person representing the plan who was previously the party to it.

RSA 2000 cE‑8 s78;2005 c26 s43

Costs of winding‑up

79   Where a pension plan is terminated and the plan does not provide for payment of the expenses incurred in winding up the plan, then, notwithstanding the plan, the Superintendent may in writing permit any expenses of winding up that the Superintendent considers reasonable in the circumstances to be paid out of the plan in priority to benefits.

1986 cE‑10.05 s54

Predecessor and successor plans and employers

80   Where a prescribed kind of transaction results in there being predecessor and successor plans or predecessor and successor employers in relation to a plan or plans, or all or a specific and identifiable class or group of the members of one plan become members of another plan, the prescribed rules are to apply with respect to the transaction.

1986 cE‑10.05 s55;1992 c13 s39;1999 c21 s42

Part 6
Miscellaneous

Effect of plan amendment

81(1)  An amendment to a pension plan, or, where one plan has been adopted in place of another, the plan so adopted, may not reduce

                                 (a)    a person’s benefits in respect of employment on or after the initial qualification date and before the date of the amendment or the adoption of the other plan,

                                 (b)    the commuted value of a person’s benefits in respect of remuneration, employment or membership before January 1, 1966 by reference to the person’s pension under the Canada Pension Plan (Canada) or the Quebec Pension Plan (Quebec), or

                                 (c)    the amount or the commuted value of an ancillary benefit for which a member or former member has met all the eligibility requirements under the plan necessary to exercise the right to receive the benefit.

(2)  Unless the plan so provides, subsection (1)(a) does not apply to that portion of the benefits that is based on the earnings of a member projected in relation to a period after the date of the amendment or adoption of the other plan.

(3)  Subsection (1)(a) and (b) do not apply with respect to ancillary benefits to which subsection (1)(c) does not apply.

(4)  Notwithstanding anything in this Act, a pension plan may be amended at any time to reduce the benefits provided under a defined benefit provision of the plan in respect of a member, but only if and to the extent that such an amendment is necessary to avoid the revocation of the plan’s registration under the tax Act.

(5)  The Superintendent may refuse to register an amendment to a specified multi‑employer plan if, before taking into account the effect of the amendment, the plan has a solvency deficiency.

RSA 2000 cE‑8 s81;2002 c18 s1

Transfer of assets

82(1)  A transfer of assets of a pension plan may not be made from that plan to another plan unless

                                 (a)    the transfer is made pursuant to section 30(5), 37(2), 38, 39(6) or 64(3) or the regulations made in respect of section 80,

                                 (b)    a copy of a transfer agreement relating to the transfer has been filed under section 23(2), or

                                 (c)    the written consent of the Superintendent has been obtained.

(2)  A transfer of assets of a plan may not be made from one fund holder or custodian of that plan to another fund holder or custodian of that plan, other than by way of providing benefits under the plan, unless

                                 (a)    the contract or trust agreement of the other fund holder or custodian has been filed with the Superintendent and the plan and any relevant amendment to the plan providing for the transfer has been registered, and

                                 (b)    subject to subsection (2.1), the written consent of the Superintendent has been obtained.

(2.1)  Subsection (2)(b) does not apply if subsection (2)(a) has previously been complied with in respect of both the transferor and the transferee fund holders or custodians or one of each.

(3)  Notwithstanding subsection (1), an administrator shall not, without the consent of or being directed to do so by the Superintendent, transfer money out of the plan under section 30(5), 38, 39(6) or 64(3) or the regulations made in respect of section 80 or to insure a benefit through an insurance company, if the transfer would impair the solvency of the plan.

(3.1)  For the purposes of subsection (3) as it applies with respect to section 38, where a transfer is made as a series of 2 or more payments under section 38, there is deemed to be no transfer until the last payment referred to in section 38(8.1) is made.

(4)  The Superintendent may in writing consent to or direct a transfer referred to in subsection (3) on any terms and conditions that the Superintendent considers appropriate in the circumstances.

(5)  The administrator shall immediately comply with a direction under subsection (4).

(6)  Where money has been transferred pursuant to section 30(5), 38, 39(6) or 64(3) or the regulations made in respect of section 80, the money is held under the pension plan, locked‑in retirement account, retirement income arrangement or pension with an insurance business that holds it subject to the same conditions imposed by or under sections 35, 39 and 40 as would have applied had the transfer not been made.

RSA 2000 cE‑8 s82;2005 c26 s44;2008 c14 s13

Order for allocation or splitting of assets and liabilities

82.1   The Superintendent may order or bring about the allocation or splitting of the assets or liabilities or both of a pension plan in any situation where the Superintendent considers that separate tracking of them is necessary.

2008 c14 s14

Surplus and excess assets

83(1)  An administrator, fund holder or custodian shall not pay or transfer any surplus assets or excess assets of a pension plan to an employer unless

                                 (a)    the plan provides for the payment or transfer, or the employer establishes that it has a claim to them or to part of them, as the case may be, under this section,

                                 (b)    the administrator has complied, and the plan complies, with the prescribed conditions, and

                                 (c)    the administrator has received the Superintendent’s written notice of consent to the payment or transfer.

(2)  An employer has a claim to the surplus assets or excess assets or part of them for the purposes of subsection (1)(a) if, after notification of the employer’s proposal for the payment or transfer, at least

                                 (a)    2/3 of the members, as one group, and

                                 (b)    2/3 of the former members and other persons within a prescribed class, as the other group,

notify the employer that they consent to the proposal.

RSA 2000 cE‑8 s83;2005 c26 s45

Return of contributions

84   Notwithstanding anything in this Act but subject to Part 4, the administrator of a pension plan may, on making a written request to the Superintendent accompanied with sufficient information supporting the request and on receiving the Superintendent’s prior written approval, return a contribution made under the plan by a member or by an employer to the person who made the contribution, but only if and to the extent that the return is necessary to avoid the revocation of the plan’s registration under the tax Act.

1992 c13 s42;1999 c21 s46

Prohibition against assignment, etc.

85(1)  Subject to subsection (2), money that is held in a pension plan, money that has been transferred under section 30(5), 37(2)(b) or (d), 38, 39(6) or 64(3) or the regulations made in respect of any such provision or of section 80 or pursuant to a similar transfer made before January 1, 1987 and money earned by such transferred money may not be assigned, charged, alienated or anticipated, and any transaction purporting to assign, charge, alienate or anticipate any such money is void.

(2)  Subsection (1) does not apply to additional voluntary contributions or optional ancillary contributions.

(3)  The giving of any amount by a pension partner in compliance with the waiving of any entitlement to a benefit under a waiver specifically provided for by this Act or with a matrimonial property order or agreement does not constitute an assignment, charge, alienation or anticipation for the purposes of subsection (1).

(4)  Any transaction purporting to effect a withdrawal, surrender or commutation referred to in section 35(1) or (2) is void.

RSA 2000 cE‑8 s85;2004 c18 s28;2005 c26 s46

Exemption from attachment, etc.

85.1(1)  Subject to this section, money that is held in a pension plan, money that has been transferred under section 30(5), 37(2)(b) or (d), 38, 39(6) or 64(3) or the regulations made in respect of section 80 or pursuant to a similar transfer made before January 1, 1987 and money earned by such transferred money are exempt from execution, seizure or attachment either at law or in equity.

(2)  Subsection (1) does not apply

                                 (a)    to additional voluntary contributions or optional ancillary contributions, or

                                 (b)    in respect of a retirement savings vehicle within the meaning of and under section 17.1 of the Maintenance Enforcement Act.

(3)  The giving of any amount by a pension partner in compliance with a matrimonial property order or agreement does not constitute an execution, seizure or attachment for the purposes of subsection (1).

2005 c26 s46

Nullity of certain agreements, etc.

85.2   Where this Act requires an amount to be withheld, deducted, paid or credited, any agreement or arrangement by the person on whom the requirement is imposed not to withhold, deduct, pay or credit that amount is void.

2005 c26 s46

Income and asset testing under other legislation

85.3   The discretionary entitlement of a person to withdraw money from a locked‑in retirement account or from a retirement income arrangement pursuant to the prescribed provisions of the regulations or from an RRSP to which section 35(2) applies is not to be considered when determining, for the purposes of any other prescribed legislation, income or assets available to the person.

2005 c26 s46

Evidence of entitlement to benefit

86   A person claiming to be entitled to receive a benefit under or to transfer a benefit from a pension plan has the onus of proving to the satisfaction of the administrator that the person is so entitled, and the administrator may require the claimant to provide any evidence, including evidence by way of affidavit, declaration or certificate, that the administrator requires to have the claim established.

1986 cE‑10.05 s61;1992 c13 s45

Regulations

87(1)  The Lieutenant Governor in Council may make regulations

                                 (a)    respecting reviews of plans under section 13(4);

                                 (b)    enabling the Superintendent to require administrators to provide certified and consolidated copies of pension plans or any other plan documents, with all amendments to date incorporated;

                                 (c)    setting and otherwise respecting fees

                                           (i)    for the filing of certificates and returns under section 14(3)(a),

                                          (ii)    for applications for registration,

                                         (iii)    in respect of the termination of plans for specified individuals,

                                         (iv)    for written notices of consent under section 83(1)(c), and

                                          (v)    for file searches;

                                 (d)    authorizing the collection by or for the Superintendent of personal information within the meaning of the Freedom of Information and Protection of Privacy Act about members or former members from any person, in the course of administering this Act;

                             (d.1)    respecting

                                           (i)    the collection of prescribed information about an owner, within the prescribed meaning, of a locked‑in retirement account or a prescribed retirement income arrangement, and

                                          (ii)    the disclosure of that information to the Director of Maintenance Enforcement for the purpose of enforcing a maintenance order under the Maintenance Enforcement Act;

                                 (e)    respecting the conditions under which transfers of money under sections 30(5), 38, 39(6) and 64(3) and the regulations made in respect of section 80 and any subsequent transfers of money so transferred are to be made to ensure that the eventual payment will be made in the form of a pension that would otherwise be required or permitted by or under this Act or a benefit referred to in section 46(3);

                                 (f)    establishing time limits for the exercise of options relating to benefits;

                                 (g)    respecting the manner of computing contributions and benefits and the determination of the commuted value of benefits;

                                 (h)    notwithstanding sections 29 to 32, respecting the benefits and membership of a former member of a pension plan who has commenced to receive a pension and recommences work or service in an employment covered by that plan or, if the first‑mentioned plan is a specified multi‑employer plan, covered by another specified multi‑employer plan in Canada where the other specified multi‑employer plan has a transfer agreement referred to in section 23(1) with the first‑mentioned plan;

                                  (i)    respecting the funding of pension plans that contain defined benefit provisions;

                               (i.1)    requiring administrators to provide information to pension partners respecting the waiving of benefits;

                                  (j)    respecting benefits under section 47;

                                 (k)    respecting any matter falling within the general intent of Part 4;

                                  (l)    making any amendment to any provision of this statute that is necessary to render the provision compliant with the tax Act or the interpretation by the agency commonly known as the Canada Revenue Agency of the tax Act so as to maintain tax Act registrability for plans;

                               (m)    respecting conversions from defined benefit provisions to defined contribution provisions, and vice versa, and the effect of such conversions;

                                 (n)    respecting the investment of assets of plans and requiring the auditing of the plan, the fund or investments and the submission of lists of investments, reports on any of those audits and copies of investment policies and procedures in relation to pension plans;

                             (n.1)    respecting missing persons and the trust estate within the meaning of section 77.1, including the relationship between the regime under that section and the Public Trustee Act;

                                 (o)    authorizing the Superintendent to make an order requiring the repayment to a plan of money transferred in contravention of section 82(3), with interest, or on the terms and conditions referred to in section 82(4), and providing for the enforcement of the order;

                                 (p)    exempting any employees or plans or any class of them or any particular plan or any benefit, contribution, money or other thing from the application of the whole or any part of this Act;

                                 (q)    making alternative provision as to matters exempted under clause (p);

                                  (r)    prescribing any matter or thing that by this Act may be or is to be prescribed.

(2)  A regulation made in reference to section 1(1)(h), 38(7), 46(1), 48(2) or (2.1) or 80 is, if so provided in the regulation, effective from a date before its filing under the Regulations Act.

(3)  Regulations may be specific or general in their application and may make different provision for different kinds, categories or classes of persons, plans or benefits.

(4)  Regulations made under subsection (1)(l) expire 2 years after their commencement.

RSA 2000 cE‑8 s87; 2004 c18 s28;2005 c26 s47

Service of documents

88(1)  In this section and section 89, “certified mail” includes any method of delivering written materials for which the addressee or a person allowed by subsection (2) to accept them on the addressee’s behalf is required to acknowledge receipt of them by providing a signature.

(2)  A document served on a person under this Act must be served

                                 (a)    in the case of an individual,

                                           (i)    personally or by leaving it for the individual at the individual’s last or most usual place of residence with some person who is or appears to be at least 16 years of age, or

                                          (ii)    by mailing it to the individual by registered or certified mail to the individual’s last known postal address;

                                 (b)    in the case of a corporation,

                                           (i)    personally on a director, manager or officer of the corporation, or

                                          (ii)    by leaving it at or by sending it by registered or certified mail to the office of the corporation stated on the most recent certificate or return under section 14(3)(a);

                             (b.1)    in the case of a trust consisting of individuals,

                                           (i)    by the method described in clause (a)(i) or (ii), with reference to any of the individual trustees, or

                                          (ii)    if the trust has an official office, by the method described in clause (b)(ii) with reference to that office;

                                 (c)    in the case of the Superintendent,

                                           (i)    by leaving it for the Superintendent at the Superintendent’s office, or

                                          (ii)    by mailing it to the Superintendent by registered or certified mail to the Superintendent’s office.

RSA 2000 cE‑8 s88;2005 c26 s48

Proof of date of service

89   Where, in the course of any proceeding or prosecution under this Act, it is necessary to prove the date of service of a document referred to in section 88,

                                 (a)    if service is effected personally or by leaving the document somewhere pursuant to section 88, the actual date on which it is so served is the date of service,

                                 (b)    if service is effected by certified mail for which a signature is required as described in section 88(1), service is deemed to have been effected on the date that signature is provided, or

                                 (c)    if service is effected by registered mail or by any other form of certified mail, service is deemed to have been effected 5 days after the date of sending the document.

RSA 2000 cE‑8 s89;2005 c26 s49

Inspection and production of documents
and oral interviews

90(1)  In this section, “authorized person” means the Superintendent or a person appointed by the Superintendent in writing for the purposes of this section as the Superintendent’s authorized representative.

(2)  An authorized person may, at any reasonable time and for the purpose of determining whether there has been a breach of or full compliance with this Act or of a pension plan,

                                 (a)    inspect the records

                                           (i)    respecting a pension plan, that are kept by an administrator, a non‑administrator employer, a fund holder, a custodian or any other person, or

                                          (ii)    respecting any money that has been transferred under section 30(5), 38, 39(6) or 64(3) or the regulations made in respect of section 80, that are kept by any person responsible for a locked‑in retirement account or a retirement income arrangement or by an insurance company responsible for providing a pension, that is holding any such money,

                                          that are relevant to the making of that determination,

                                 (b)    by written notice served on a person referred to in clause (a), demand that the person provide or produce to the authorized person, within any reasonable period that is stipulated in the notice,

                                           (i)    those records for the purposes of the inspection, or

                                          (ii)    any information that is relevant to the making of that determination, in a form acceptable to the authorized person and whether or not in connection with an inspection under this subsection,

                                     or

                                 (c)    require a person referred to in clause (a) or a representative of such a person to submit to an oral interview, whether the interview is to be recorded by the interviewer or not.

(3)  For the purposes of an inspection under subsection (2)(a), the authorized person may, if the authorized person has reasonable grounds to believe that the records are likely to be found in the premises of the person referred to in that clause, enter into those premises, but, if those premises are a dwelling house, the authorized person may not enter without the consent of the occupant, except under the authority of a warrant issued pursuant to the provisions of the Criminal Code (Canada) that apply to the Provincial Offences Procedure Act.

(4)  Where a person has been served with a notice to provide or produce information or records under subsection (2)(b) and has not provided or produced the information or records in accordance with the notice, the Superintendent may apply to the Court for an order to compel the person to provide or produce the information or records.

(5)  The Court may make the order if it is satisfied that

                                 (a)    the information or records are in the possession of or under the control of the person, and

                                 (b)    the information or records are relevant to the making of the determination referred to in subsection (2),

and may make the order subject to any conditions that the Court considers appropriate.

(6)  An authorized person to whom records are provided or produced pursuant to the demand under subsection (2)(b) or pursuant to an order under subsection (5) may, on giving a receipt for them, remove those records for the purpose of making copies of or extracts from them.

(7)  If records are removed under subsection (6), the authorized person shall, within a reasonable period, return the records.

(8)  No person shall prevent or obstruct, or attempt to prevent or obstruct, an authorized person from doing anything that the authorized person is authorized by this section to do.

(9)  Failure to comply with a demand under subsection (2)(b) is not an offence against this Act.

RSA 2000 cE‑8 s90;2005 c26 s50;2009 c53 s57

Civil enforcement

91   The Superintendent may apply to the Court on 3 days’ notice supported by an affidavit for an order

                                 (a)    compelling a person to do anything that that person is required by this Act or a pension plan to do, or

                                 (b)    prohibiting a person from

                                           (i)    doing anything that that person is prohibited by this Act or a pension plan from doing, or

                                          (ii)    doing anything in relation to a pension plan that the person is prohibited by law from doing.

RSA 2000 cE‑8 s91;2009 c53 s57

Offences and penalties

92(1)  Subject to subsection (2), a person who

                                 (a)    contravenes this Act,

                             (a.1)    refuses to answer any question posed by the Superintendent or a person acting on the Superintendent’s behalf under this Act, where the answer to the question is necessary to enable that person to perform effectively the person’s duties or functions under this Act, or

                                 (b)    to avoid compliance with this Act,

                                           (i)    destroys, alters, mutilates, secretes or otherwise disposes of records,

                                          (ii)    makes a false or misleading statement,

                                         (iii)    makes a false or misleading entry in any record, or

                                         (iv)    omits to state, in any record or other document or orally, any material fact that is necessary to make a statement contained in the record or other document or made orally, as the case may be, not misleading in the light of the circumstances in which it is made,

is guilty of an offence and liable to a fine not exceeding $100 000.

(2)  A person who makes a false or misleading statement for the purpose of obtaining a benefit under section 46 or a prescribed provision respecting locked‑in retirement accounts or retirement income arrangements is guilty of an offence and liable to a fine not exceeding $15 000.

(3)  Where it is proved to the satisfaction of the court trying a case that a corporation has contravened an offence provision of this Act, whether or not the corporation has been prosecuted for the contravention, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the contravention by the corporation is also a party to and guilty of the offence relating to the contravention and is separately liable to the penalty provided for the offence.

RSA 2000 cE‑8 s92;2005 c26 s51

Limitation period for prosecution

93(1)  A prosecution under this Act may not be commenced later than 2 years after the time when the subject‑matter of the prosecution first came to the knowledge of the Superintendent.

(2)  A statement by the Superintendent as to the time when the subject‑matter of the prosecution first came to the knowledge of the Superintendent is admissible in evidence in respect of the prosecution as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the appointment or signature of the Superintendent.

1986 cE‑10.05 s68

Transitional

94(1)  Notwithstanding section 6, subsisting reciprocal agreements entered into under the former Act between the Government and other governments are valid according to their terms until rescinded, insofar as they are not varied by an agreement under that section.

(2)  Section 3 is deemed to exclude reference to the Universities Academic Pension Plan referred to in section 1(c) of the Public Sector Pension Plans Act.

RSA 2000 cE‑8 s94;2005 c26 s52