Pension Benefits Standards Regulations, 1985 (SOR/87-19)

• 10.6 (1) For the purposes of subsection 29.04(1) of the Act, the negotiation period ends on the earlier of

  • (a) the day on which the funding schedule is approved by the Minister, and

  • (b) the date determined under subsection (2).

• (2) The negotiation period ends

  • (a) if the declaration referred to in subsection 29.03(4) of the Act is filed in the six month period following the end of the plan year, on the last day of the ninth month following the end of the plan year; and

  • (b) in any other case, on the last day of the ninth month following the date on which the declaration referred to in subsection 29.03(4) is filed.

10.7 For the purposes of subsection 29.08(3) of the Act, the representatives shall

• (a) be capable of fairly and adequately representing the interests of the persons that they represent; and

• (b) not have an interest that is in conflict with the interests of the persons represented.

10.8 For the purposes of subsection 29.08(2) of the Act, the appropriate court is the court in which a notice of intention or a proposal is filed under Part III of the Bankruptcy and Insolvency Act or the court that issued the initial order under the Companies’ Creditors Arrangement Act.

• 10.9 (1) The administrator, or the employer if the administrator is not the employer, shall provide to a representative

  • (a) within 10 days after the representative’s appointment under subsection 29.08(3) of the Act

    • (i) copies of the information return, the actuarial reports and the financial statements that have been filed with the Superintendent within the past three plan years under subsections 12(1) and (2) of the Act,

    • (ii) a copy of the plan,

    • (iii) a copy of the statement of investment policies and procedures of the plan established under section 7.1,

    • (iv) a list of the 10 largest asset holdings of the pension fund in descending order of asset value, along with the corresponding asset value, and

    • (v) the total face value of the letters of credit held in trust for the plan; and

  • (b) within 10 business days after a request of the representative, a copy of any document or information that members may examine under paragraph 28(1)(c) of the Act.

• (2) If the representative is a bargaining agent, the administrator, or the employer if the administrator is not the employer, shall provide the documents and information required under paragraph (1)(a) to the representative within 30 days after the day on which the declaration is filed under subsection 29.03(4) of the Act.