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

Act current to 2013-04-29 and last amended on 2012-12-14. Previous Versions

POWERS OF SUPERINTENDENT

Marginal note:Powers of Superintendent
  •  (1) The Superintendent, under the direction of the Minister, has the control and supervision of the administration of this Act and has the powers conferred by this Act.

  • Marginal note:Information and studies

    (2) The Superintendent may

    • (a) collect information to determine the extent to which inflation adjustments and other adjustments to pension benefits are provided;

    • (b) conduct studies, surveys and research programs and compile statistical and other information relating to pension plans and their operation;

    • (c) disclose information gathered under paragraph (a) or (b) or subsection 9.01(6) or filed under subsection 9.01(5) or section 10, 10.1 or 12 to any government agency or regulatory body; and

    • (d) collect information from a pension supervisory authority of a designated province and disclose information to that authority for the purposes of implementing a multilateral agreement.

  • Marginal note:Terms and conditions

    (3) Any approval, authorization, consent or permission of the Superintendent given under this Act may be subject to terms and conditions.

  • R.S., 1985, c. 32 (2nd Supp.), s. 5;
  • 1998, c. 12, s. 3;
  • 2010, c. 12, s. 1788, c. 25, s. 180.

AGREEMENTS

Marginal note:Bilateral agreement

 The Minister may, with the approval of the Governor in Council, enter into a bilateral agreement with a designated province to

  • (a) authorize the pension supervisory authority of that province to exercise any of the Superintendent’s powers under this Act; and

  • (b) authorize the Superintendent to exercise any powers of that pension supervisory authority.

  • R.S., 1985, c. 32 (2nd Supp.), s. 6;
  • 1998, c. 12, s. 4;
  • 2010, c. 25, s. 181.
Marginal note:Multilateral agreement
  •  (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with two or more designated provinces respecting any matter relating to pension plans that are subject to the pension legislation of at least one designated province that is a party to the agreement.

  • Marginal note:Content of agreement

    (2) A multilateral agreement may, among other things,

    • (a) limit the application of the pension legislation of a designated province that is a party to the agreement to a pension plan and adapt that legislation to that pension plan;

    • (b) limit the application of this Act and the regulations to a pension plan and adapt them to that pension plan;

    • (c) exempt a pension plan from the application of this Act and the regulations or the pension legislation of a designated province that is a party to the agreement;

    • (d) provide for the administration and enforcement of this Act, the regulations and the pension legislation of a designated province that is a party to the agreement;

    • (e) authorize a pension supervisory authority of a designated province that is a party to the agreement or the association referred to in section 6.4 to exercise any of the Superintendent’s powers under this Act;

    • (f) authorize the Superintendent to exercise any powers of a pension supervisory authority of a designated province that is a party to the agreement or the association referred to in section 6.4;

    • (g) establish requirements — in addition to any other requirements under this Act, the regulations and the pension legislation of a designated province that is a party to the agreement — with respect to a pension plan, administrator or employer; and

    • (h) confer powers on the Superintendent.

  • Marginal note:Tabling in Parliament

    (3) The Minister must cause to be tabled in each House of Parliament every multilateral agreement.

  • Marginal note:Publication — Canada Gazette

    (4) The Minister must cause to be published in the Canada Gazette

    • (a) every multilateral agreement and a notice of the date on which the agreement comes into effect with respect to pension plans;

    • (b) every amendment to a multilateral agreement and a notice of the date on which the amendment comes into effect with respect to pension plans; and

    • (c) a notice of the effective date of the Government of Canada’s withdrawal from the multilateral agreement or of the effective date of termination of that agreement, whichever comes first.

  • Marginal note:Publication — other

    (5) In addition to the publishing requirements under subsection (4), the Minister must ensure that every multilateral agreement and every amendment to a multilateral agreement is accessible to the public through the Internet or by any other means that the Minister considers appropriate.

  • 2010, c. 25, s. 181.