Marginal note:Order in council

178. Sections 174 and 175 come into force on a day to be fixed by order of the Governor in Council.

• 179. (1) The definition “designated province” in subsection 2(1) of the Pension Benefits Standards Act, 1985 is replaced by the following:

  “designated province”

  « province désignée »

  “designated province” means a province prescribed as a province in which there is in force pension legislation applicable to private superannuation plans;

• (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “electronic document”

  « document électronique »

  “electronic document” means any form of representation of information or of concepts fixed in any medium by electronic, optical or other similar means that can be read or perceived by a person or by any means;

  “information system”

  « système d’information »

  “information system” means a system used to generate, send, receive, store or otherwise process an electronic document;

  “multilateral agreement”

  « accord multilatéral »

  “multilateral agreement” means an agreement entered into under subsection 6.1(1);

  “negotiated contribution plan”

  « régime à cotisations négociées »

  “negotiated contribution plan” means a multi-employer pension plan that includes at least one defined benefit provision and under which a participating employer’s contributions are limited to an amount determined in accordance with an agreement entered into by the participating employers or a collective agreement, statute or regulation, and which amount does not vary as a function of the prescribed tests and standards for solvency referred to in subsection 9(1);

• (3) Section 2 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Negotiated contribution plan

    (5) Even though a pension plan — established as a negotiated contribution plan — is no longer a negotiated contribution plan because it has only one participating employer or more than 95% of its members are employed by participating employers who are incorporated and are affiliates within the meaning of the Canada Business Corporations Act, that pension plan is deemed to be a negotiated contribution plan for a period of one year after the day it is no longer a negotiated contribution plan, or for any longer period that may be specified by the Superintendent.