Marginal note:Incorporation by reference

• 77. (1) A regulation made under this Act may incorporate by reference a document produced by a person or body other than the Minister or the Superintendent.

• Marginal note:Reproduced or translated document

  (2) A regulation may incorporate by reference a document that the Minister or Superintendent reproduces or translates from a document produced by a person or body other than the Minister or Superintendent, with any adaptations of form or reference that will facilitate its incorporation.

• Marginal note:Jointly produced document

  (3) A regulation may incorporate by reference a document that the Minister or Superintendent produces jointly with a provincial or government agency for the purpose of harmonizing the regulation with other laws.

• Marginal note:Scope of incorporation

  (4) A document may be incorporated by reference as it exists on a particular date or as it is amended from time to time.

• Marginal note:Defence

  (5) No person may be convicted of an offence or subjected to a penalty for the contravention of a regulation if a document that is relevant to the offence or contravention is incorporated by reference in the regulation unless it is proved that, at the time of the alleged contravention, the document was reasonably accessible to the person or reasonable steps had been taken to ensure that the document was accessible to the public.

• Marginal note:Registration and publication

  (6) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

• Marginal note:Exception

  (7) A regulation that is specifically applicable to one pooled registered pension plan or one employer may not incorporate by reference a document produced by the employer or administrator or any person related to either of them, including any body corporate that — within the meaning of subsections 2(2), (4) and (5) of the Canada Business Corporations Act — is affiliated with either of them or is the holding body corporate or a subsidiary of either of them.

ANNUAL REPORT

Marginal note:Annual report

78. The Superintendent must, as soon as feasible after the end of each fiscal year, submit to the Minister a report on the operation of this Act during that year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day the Minister receives it.

RELATED AMENDMENTS

R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act

• 79. (1) Subparagraph 60(1.5)(a)(ii) of the Bankruptcy and Insolvency Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (B):

  • (C) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act, and

• (2) Subparagraph 60(1.5)(a)(iii) of the Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (B):

  • (C) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act; and

• 80. (1) Paragraph 81.5(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

  • (iii) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act; and

• (2) Paragraph 81.5(1)(c) of the Act is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

  • (iii) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act.

• 81. (1) Paragraph 81.6(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

  • (iii) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act; and

• (2) Paragraph 81.6(1)(c) of the Act is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

  • (iii) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act.

R.S., c. C-36Companies’ Creditors Arrangement Act

• 82. (1) Subparagraph 6(6)(a)(ii) of the Companies’ Creditors Arrangement Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (B):

  • (C) an amount equal to the sum of all amounts that were required to be paid by the employer to the administrator of a pooled registered pension plan, as defined in subsection 2(1) of the Pooled Registered Pension Plans Act, and

• (2) Subparagraph 6(6)(a)(iii) of the Act is amended by striking out “and” at the end of clause (B) and by adding the following after clause (B):

  • (C) an amount equal to the sum of all amounts that would have been required to be paid by the employer in respect of a prescribed plan, if it were regulated by the Pooled Registered Pension Plans Act; and

R.S., c. H-6Canadian Human Rights Act

83. Subsection 15(1) of the Canadian Human Rights Act is amended by adding the following after paragraph (d):

R.S., c. 32 (2nd Supp.)Pension Benefits Standards Act, 1985

84. Subsection 4(2) of the Pension Benefits Standards Act, 1985 is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (b):

Marginal note:1998, c. 12, s. 5

85. Subsection 7(2) of the Act is repealed.

Marginal note:1998, c. 12, s. 6(5)

• 86. (1) The portion of subsection 8(10) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Other conflicts of interest

    (10) If there is a material conflict of interest between the role of an employer who is an administrator and their role in any other capacity, the administrator

• Marginal note:1998, c. 12, s. 6(5)

  (2) Paragraph 8(10)(a) of the French version of the Act is replaced by the following:

  • a) faire part du conflit au conseil des pensions ou aux participants du régime de pension dans les trente jours suivant le moment où il en constate l’existence;

Marginal note:2010, c. 12, s. 1799

87. Section 10.2 of the Act is renumbered as subsection 10.2(1) and is amended by adding the following:

Marginal note:1998, c. 12, s. 16(4)

88. Subsection 26(5) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

Marginal note:1998, c. 12, s. 26(1)

89. Paragraph 39(1)(a.1) of the Act is repealed.

R.S., c. 18 (3rd Supp.), Part IOffice of the Superintendent of Financial Institutions Act

Marginal note:1998, c. 12, s. 27

90. The definition “pension plan” in section 3 of the Office of the Superintendent of Financial Institutions Act is replaced by the following:

Marginal note:1998, c. 12, s. 29(2)

• 91. (1) Paragraph 4(2.1)(a) of the Act is replaced by the following:

  • (a) to supervise pension plans to determine whether they meet the minimum funding requirements and are complying with the other requirements of the Pension Benefits Standards Act, 1985 and the Pooled Registered Pension Plans Act and their regulations and supervisory requirements under that legislation;

• Marginal note:1998, c. 12, s. 29(2)

  (2) Paragraph 4(2.1)(b) of the English version of the Act is replaced by the following:

  • (b) to promptly advise the administrator of a pension plan in the event that the plan is not meeting the minimum funding requirements or is not complying with other requirements of the Pension Benefits Standards Act, 1985 or the Pooled Registered Pension Plans Act or their regulations or supervisory requirements under that legislation and, in such a case, to take, or require the administrator to take, the necessary corrective measures or series of measures to deal with the situation in an expeditious manner; and

Marginal note:2001, c. 9, s. 476

92. The definition “financial institutions Act” in subsection 24(1) of the Act is replaced by the following:

93. The schedule to the Act is amended by adding the following in alphabetical order:

COORDINATING AMENDMENT

Marginal note:2010, c. 25

94. On the first day on which both subsection 175(1) of the Sustaining Canada’s Economic Recovery Act and section 10 of this Act are in force, paragraphs 23(1.1)(a) and (b) of the Office of the Superintendent of Financial Institutions Act are replaced by the following: