R-15.1 - Supplemental Pension Plans Act

Section 244 Disposition versions

2023-05-31

244. Retraite Québec may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(1.1)  determine, for the purposes of section 22, the rules to which the conversion of a target benefit pension plan into another type of plan and the conversion of any type of plan into a target benefit pension plan are subject;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(2.1)  specify the conditions under which an employer may provide the pension committee with a letter of credit, as well as the form, amount and terms of such a letter;

(3)  determine what income security programs are contemplated by section 58;

(3.0.1)  (subparagraph repealed);

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.1.1)  determine, for the purposes of section 90.1, the conditions and time limits applicable to the payment of the variable benefits, as well as the conditions and time limits applicable to the payment in one or more instalments of all or part of the funds referred to in the first paragraph of that section;

(3.1.2)  determine, for the purposes of section 90.2,

(a)  the conditions and time limit for transferring sums held under defined contribution provisions into a variable payment life pension fund;

(b)  the requirements that a variable payment life pension fund must meet, particularly with respect to establishing the amount of the pension that may be purchased with the sums transferred or to increasing or decreasing that amount;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods and rules applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108, 109 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits, a seizure for non-payment of support or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

(8.0.1)  determine the information to be contained in the notice required under section 119.1 and the attestations and documents to be included with it;

(8.0.2)  determine the manner for setting the target level of the stabilization provision required under section 125, and the criteria according to which any scale established is to be applied;

(8.0.3)  for the purposes of section 142.4, determine the funding requirements to be met by a payment of benefits in accordance with the annuity purchasing policy and the method for calculating and paying the special annuity purchasing payment;

(8.0.4)  prescribe the requirements regarding the funding policy required under section 142.5;

(8.0.5)  for the purposes of section 146.42.1, determine the criteria according to which the plan’s assets do not permit payment in full of the benefits of the members and beneficiaries, and the conditions and procedure relating to the option provided for in that section;

(8.0.6)  prescribe the rules referred to in the fourth paragraph of section 143 for establishing the degree of solvency of the pension plan according to intervals shorter than a fiscal year;

(8.0.7)  set out, for the purposes of section 146.44.1, the rules and conditions for converting a negotiated contribution plan referred to in Chapter X.2 into a target benefit pension plan referred to in Chapter X.3;

(8.0.8)  determine, for the purposes of the second paragraph of section 146.46, on what conditions and to what extent a target benefit pension plan may be a multi-jurisdictional pension plan;

(8.0.9)  prescribe, for the purposes of the provisions it specifies, in relation to target benefit pension plans, the use of a degree other than the degree of solvency;

(8.0.10)  set the time limit and procedure for sending the statement referred to in section 146.91 in the event of the withdrawal of an employer that is a party to a target benefit pension plan;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  (subparagraph repealed);

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(10.1)  prescribe the requirements regarding the annuity purchasing policy referred to in section 182.1;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in particular upon the withdrawal of an employer from or the termination of a multi-employer plan, for the purpose of determining the value of the benefits of members and beneficiaries in particular for the purposes of Chapter XIII, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.0.1)  determine the conditions to be met by a pension insured pursuant to paragraph 3 of section 200 or section 237;

(12.1)  (subparagraph repealed);

(13)  determine the procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by Retraite Québec for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including fees which may be imposed as a penalty for a delay in carrying out such a formality or failure to provide within the time allotted any information or document provided for in this Act or required by Retraite Québec;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where Retraite Québec is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

To the extent that it relates to the application, with or without amendment, of a standard of practice of the Canadian Institute of Actuaries, a regulation under this section is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force and may, if it so provides, have retroactive effect to a date that is prior to the date of its coming into force but not prior to the date the standard is approved by the Actuarial Standards Board of the Canadian Institute of Actuaries.

The regulations of Retraite Québec shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16; 1997, c. 43, s. 661; 2000, c. 41, s. 162; 2006, c. 42, s. 40; 2008, c. 21, s. 22; 2009, c. 1, s. 3; 2008, c. 21, s. 35; 2015, c. 20, s. 61; 2015, c. 29, s. 68; 2020, c. 30, s. 81; 2023, c. 10, s. 29.

2020-12-11

244. Retraite Québec may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(1.1)  determine, for the purposes of section 22, the rules to which the conversion of a target benefit pension plan into another type of plan and the conversion of any type of plan into a target benefit pension plan are subject;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(2.1)  specify the conditions under which an employer may provide the pension committee with a letter of credit, as well as the form, amount and terms of such a letter;

(3)  determine what income security programs are contemplated by section 58;

(3.0.1)  (subparagraph repealed);

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.1.1)  determine, for the purposes of section 90.1, the conditions and time limits applicable to the payment of the variable benefits;

(3.1.2)  determine, for the purposes of section 90.2,

(a)  the conditions and time limit for transferring sums held under defined contribution provisions into a variable payment life pension fund;

(b)  the requirements that a variable payment life pension fund must meet, particularly with respect to establishing the amount of the pension that may be purchased with the sums transferred or to increasing or decreasing that amount;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods, assumptions, rules or factors applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108, 109 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits, a seizure for non-payment of support or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

(8.0.1)  determine the information to be contained in the notice required under section 119.1 and the attestations and documents to be included with it;

(8.0.2)  determine the manner for setting the target level of the stabilization provision required under section 125, and the criteria according to which any scale established is to be applied;

(8.0.3)  for the purposes of section 142.4, determine the funding requirements to be met by a payment of benefits in accordance with the annuity purchasing policy and the method for calculating and paying the special annuity purchasing payment;

(8.0.4)  prescribe the requirements regarding the funding policy required under section 142.5;

(8.0.5)  for the purposes of section 146.42.1, determine the criteria according to which the plan’s assets do not permit payment in full of the benefits of the members and beneficiaries, and the conditions and procedure relating to the option provided for in that section;

(8.0.6)  prescribe the rules referred to in the fourth paragraph of section 143 for establishing the degree of solvency of the pension plan according to intervals shorter than a fiscal year;

(8.0.7)  set out, for the purposes of section 146.44.1, the rules and conditions for converting a negotiated contribution plan referred to in Chapter X.2 into a target benefit pension plan referred to in Chapter X.3;

(8.0.8)  determine, for the purposes of the second paragraph of section 146.46, on what conditions and to what extent a target benefit pension plan may be a multi-jurisdictional pension plan;

(8.0.9)  prescribe, for the purposes of the provisions it specifies, in relation to target benefit pension plans, the use of a degree other than the degree of solvency;

(8.0.10)  set the time limit and procedure for sending the statement referred to in section 146.91 in the event of the withdrawal of an employer that is a party to a target benefit pension plan;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  (subparagraph repealed);

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(10.1)  prescribe the requirements regarding the annuity purchasing policy referred to in section 182.1;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in particular upon the withdrawal of an employer from or the termination of a multi-employer plan, for the purpose of determining the value of the benefits of members and beneficiaries in particular for the purposes of Chapter XIII, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.0.1)  determine the conditions to be met by a pension insured pursuant to paragraph 3 of section 200 or section 237;

(12.1)  (subparagraph repealed);

(13)  determine the procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by Retraite Québec for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including fees which may be imposed as a penalty for a delay in carrying out such a formality or failure to provide within the time allotted any information or document provided for in this Act or required by Retraite Québec;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where Retraite Québec is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

To the extent that it relates to the application, with or without amendment, of a standard of practice of the Canadian Institute of Actuaries, a regulation under this section is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force and may, if it so provides, have retroactive effect to a date that is prior to the date of its coming into force but not prior to the date the standard is approved by the Actuarial Standards Board of the Canadian Institute of Actuaries.

The regulations of Retraite Québec shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16; 1997, c. 43, s. 661; 2000, c. 41, s. 162; 2006, c. 42, s. 40; 2008, c. 21, s. 22; 2009, c. 1, s. 3; 2008, c. 21, s. 35; 2015, c. 20, s. 61; 2015, c. 29, s. 68; 2020, c. 30, s. 81.

2016-01-01

244. Retraite Québec may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(2.1)  specify the conditions under which an employer may provide the pension committee with a letter of credit, as well as the form, amount and terms of such a letter;

(3)  determine what income security programs are contemplated by section 58;

(3.0.1)  (subparagraph repealed);

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.1.1)  determine, for the purposes of section 90.1, the conditions and time limits applicable to the payment of the variable benefits;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods, assumptions, rules or factors applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108, 109 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits, a seizure for non-payment of support or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

(8.0.1)  determine the information to be contained in the notice required under section 119.1 and the attestations and documents to be included with it;

(8.0.2)  determine the manner for setting the target level of the stabilization provision required under section 125, and the criteria according to which any scale established is to be applied;

(8.0.3)  for the purposes of section 142.4, determine the funding requirements to be met by a payment of benefits in accordance with the annuity purchasing policy and the method for calculating and paying the special annuity purchasing payment;

(8.0.4)  prescribe the requirements regarding the funding policy required under section 142.5;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  (subparagraph repealed);

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(10.1)  prescribe the requirements regarding the annuity purchasing policy referred to in section 182.1;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in particular upon the withdrawal of an employer from or the termination of a multi-employer plan, for the purpose of determining the value of the benefits of members and beneficiaries in particular for the purposes of Chapter XIII, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.0.1)  determine the conditions to be met by a pension insured pursuant to paragraph 3 of section 200 or section 237;

(12.1)  (subparagraph repealed);

(13)  determine the procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by Retraite Québec for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including fees which may be imposed as a penalty for a delay in carrying out such a formality or failure to provide within the time allotted any information or document provided for in this Act or required by Retraite Québec;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where Retraite Québec is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

To the extent that it relates to the application, with or without amendment, of a standard of practice of the Canadian Institute of Actuaries, a regulation under this section is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force and may, if it so provides, have retroactive effect to a date that is prior to the date of its coming into force but not prior to the date the standard is approved by the Actuarial Standards Board of the Canadian Institute of Actuaries.

The regulations of Retraite Québec shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16; 1997, c. 43, s. 661; 2000, c. 41, s. 162; 2006, c. 42, s. 40; 2008, c. 21, s. 22; 2009, c. 1, s. 3; 2008, c. 21, s. 35; 2015, c. 20, s. 61; 2015, c. 29, s. 68.

2010-01-01

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(2.1)  specify the conditions under which an employer may provide the pension committee with a letter of credit, as well as the form, amount and terms of such a letter;

(3)  determine what income security programs are contemplated by section 58;

(3.0.1)  determine, for the purposes of section 60.1, the rules applicable to the determination of an additional pension benefit;

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods, assumptions, rules or factors applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108, 109 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits, a seizure for non-payment of support or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

(8.0.1)  for the purposes of section 128, determine the elements that contribute to the establishment of the reserve and the method of calculating the provision for adverse deviation;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  (subparagraph repealed);

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in particular upon the withdrawal of an employer from or the termination of a multi-employer plan, for the purpose of determining the value of the benefits of members and beneficiaries in particular for the purposes of Chapters XIII and XIV.1, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.0.1)  determine the conditions to be met by a pension insured pursuant to paragraph 3 of section 200 or section 237;

(12.1)  prescribe the information other than that required under section 230.2 which must be contained in any draft agreement sent by the employer to the pension committee concerning the apportionment of surplus assets;

(13)  determine the procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including fees which may be imposed as a penalty for a delay in carrying out such a formality or failure to provide within the time allotted any information or document provided for in this Act or required by the Régie;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where the Régie is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

To the extent that it relates to the application, with or without amendment, of a standard of practice of the Canadian Institute of Actuaries, a regulation under this section is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force and may, if it so provides, have retroactive effect to a date that is prior to the date of its coming into force but not prior to the date the standard is approved by the Actuarial Standards Board of the Canadian Institute of Actuaries.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16; 1997, c. 43, s. 661; 2000, c. 41, s. 162; 2006, c. 42, s. 40; 2008, c. 21, s. 22; 2009, c. 1, s. 3; 2008, c. 21, s. 35.

2009-01-15

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(3)  determine what income security programs are contemplated by section 58;

(3.0.1)  determine, for the purposes of section 60.1, the rules applicable to the determination of an additional pension benefit;

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods, assumptions, rules or factors applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108, 109 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits, a seizure for non-payment of support or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  (subparagraph repealed);

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in particular upon the withdrawal of an employer from or the termination of a multi-employer plan, for the purpose of determining the value of the benefits of members and beneficiaries in particular for the purposes of Chapters XIII and XIV.1, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.0.1)  determine the conditions to be met by a pension insured pursuant to paragraph 3 of section 200 or section 237;

(12.1)  prescribe the information other than that required under section 230.2 which must be contained in any draft agreement sent by the employer to the pension committee concerning the apportionment of surplus assets;

(13)  determine the procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including fees which may be imposed as a penalty for a delay in carrying out such a formality or failure to provide within the time allotted any information or document provided for in this Act or required by the Régie;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where the Régie is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

To the extent that it relates to the application, with or without amendment, of a standard of practice of the Canadian Institute of Actuaries, a regulation under this section is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force and may, if it so provides, have retroactive effect to a date that is prior to the date of its coming into force but not prior to the date the standard is approved by the Actuarial Standards Board of the Canadian Institute of Actuaries.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16; 1997, c. 43, s. 661; 2000, c. 41, s. 162; 2006, c. 42, s. 40; 2008, c. 21, s. 22; 2009, c. 1, s. 3.

2008-06-20

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(3)  determine what income security programs are contemplated by section 58;

(3.0.1)  determine, for the purposes of section 60.1, the rules applicable to the determination of an additional pension benefit;

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods, assumptions, rules or factors applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108, 109 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits, a seizure for non-payment of support or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  (subparagraph repealed);

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in particular upon the withdrawal of an employer from or the termination of a multi-employer plan, for the purpose of determining the value of the benefits of members and beneficiaries in particular for the purposes of Chapters XIII and XIV.1, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.0.1)  determine the conditions to be met by a pension insured pursuant to paragraph 3 of section 200 or section 237;

(12.1)  prescribe the information other than that required under section 230.2 which must be contained in any draft agreement sent by the employer to the pension committee concerning the apportionment of surplus assets;

(13)  determine the procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including fees which may be imposed as a penalty for a delay in carrying out such a formality or failure to provide within the time allotted any information or document provided for in this Act or required by the Régie;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where the Régie is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16; 1997, c. 43, s. 661; 2000, c. 41, s. 162; 2006, c. 42, s. 40; 2008, c. 21, s. 22.

2006-12-13

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(3)  determine what income security programs are contemplated by section 58;

(3.0.1)  determine, for the purposes of section 60.1, the rules applicable to the determination of an additional pension benefit;

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods, assumptions, rules or factors applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108, 109 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits, a seizure for non-payment of support or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  determine which attestations, certificates and documents must accompany the annual statement referred to in section 161;

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in particular upon the withdrawal of an employer from or the termination of a multi-employer plan, for the purpose of determining the value of the benefits of members and beneficiaries in particular for the purposes of Chapters XIII and XIV.1, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.0.1)  determine the conditions to be met by a pension insured pursuant to paragraph 3 of section 200 or section 237;

(12.1)  prescribe the information other than that required under section 230.2 which must be contained in any draft agreement sent by the employer to the pension committee concerning the apportionment of surplus assets;

(13)  determine the procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including fees which may be imposed as a penalty for a delay in carrying out such a formality or failure to provide within the time allotted any information or document provided for in this Act or required by the Régie;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where the Régie is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16; 1997, c. 43, s. 661; 2000, c. 41, s. 162; 2006, c. 42, s. 40.

2001-01-01

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(3)  determine what income security programs are contemplated by section 58;

(3.0.1)  determine, for the purposes of section 60.1, the rules applicable to the determination of an additional pension benefit;

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods, assumptions, rules or factors applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108, 109 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits, a seizure for non-payment of support or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  determine the information that must be contained in the annual statement referred to in section 161 as well as the attestations, certificates and documents it must be accompanied with;

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in particular upon the withdrawal of an employer from or the termination of a multi-employer plan, for the purpose of determining the value of the benefits of members and beneficiaries in particular for the purposes of Chapters XIII and XIV.1, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.0.1)  determine the conditions to be met by a pension insured pursuant to paragraph 3 of section 200 or section 237;

(12.1)  prescribe the information other than that required under section 230.2 which must be contained in any draft agreement sent by the employer to the pension committee concerning the apportionment of surplus assets;

(13)  determine the procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including additional fees, not greater than twice the original fee, which may be imposed as an overdue charge;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where the Régie is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16; 1997, c. 43, s. 661; 2000, c. 41, s. 162.

1998-04-01

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(3)  determine what income security programs are contemplated by section 58;

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods, assumptions, rules or factors applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98 or 100, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  determine the information that must be contained in the annual statement referred to in section 161 as well as the attestations, certificates and documents it must be accompanied with;

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in the event of a partial termination of the plan or in the event of the total termination of a multi-employer pension plan, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.1)  prescribe the information other than that required under section 230.2 which must be contained in any draft agreement sent by the employer to the pension committee concerning the apportionment of surplus assets;

(13)  determine the procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including additional fees, not greater than twice the original fee, which may be imposed as an overdue charge;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where the Régie is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16; 1997, c. 43, s. 661.

1997-06-05

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(3)  determine what income security programs are contemplated by section 58;

(3.1)  determine the rules applicable to the establishment of the benefits of the member to whom a benefit has been paid under section 69.1;

(3.2)  determine, for the purposes of section 91.1, under what conditions a pension may be replaced by a temporary pension;

(4)  determine, for the purposes of section 92, under what conditions a pension may be replaced, the terms and conditions of the replacement pension contract and the methods, assumptions, rules or factors applicable in computing the maximum annual amount of pension;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98 or 100, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  determine the information that must be contained in the annual statement referred to in section 161 as well as the attestations, certificates and documents it must be accompanied with;

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in the event of a partial termination of the plan or in the event of the total termination of a multi-employer pension plan, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.1)  prescribe the information other than that required under section 230.2 which must be contained in any draft agreement sent by the employer to the pension committee concerning the apportionment of surplus assets;

(13)  determine the rules of proof and procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including additional fees, not greater than twice the original fee, which may be imposed as an overdue charge;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation under subparagraph 4 of the first paragraph relating to factors applicable in computing the maximum annual amount of a replacement pension is not subject to the requirements of sections 8 and 17 of the Regulations Act (chapter R-18.1) as regards publication and the date of coming into force where the Régie is of the opinion that the urgency of the situation justifies that it be so exempted.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24; 1997, c. 19, s. 16.

1994-06-17

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(3)  determine what income security programs are contemplated by section 58;

(4)  determine in what cases and on what conditions a pension may be replaced pursuant to section 92 by another life pension the amount of which may vary annually;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98 or 100, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

Not in force

(8.1)  determine the cases where a pension committee must furnish the guarantees described in section 156.1, and prescribe the amounts and the terms and conditions of such guarantees;

(8.2)  prohibit that the assets of a pension plan be encumbered with an immovable hypothec or determine the maximum proportion of the book value of the assets of a plan that may be encumbered with an immovable hypothec;

(8.3)  determine the information that must be contained in the annual statement referred to in section 161 as well as the attestations, certificates and documents it must be accompanied with;

(8.4)  determine the cases in which the audit of the financial report referred to in section 161 is not required;

(8.5)  determine the subjects, other than those mentioned in the first paragraph of section 166, that must be placed on the agenda of the annual meeting;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in the event of a partial termination of the plan or in the event of the total termination of a multi-employer pension plan, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.1)  prescribe the information other than that required under section 230.2 which must be contained in any draft agreement sent by the employer to the pension committee concerning the apportionment of surplus assets;

(13)  determine the rules of proof and procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including additional fees, not greater than twice the original fee, which may be imposed as an overdue charge;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

A regulation made under subparagraph 8.2 or 9 may prescribe the cases in which and the types of plans to which it applies. It may also prescribe the conditions on which it applies to loans or investments existing on the date it comes into force.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38; 1993, c. 45, s. 3; 1994, c. 24, s. 24.

1993-01-01

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(3)  determine what income security programs are contemplated by section 58;

(4)  determine in what cases and on what conditions a pension may be replaced pursuant to section 92 by another life pension the amount of which may vary annually;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98 or 100, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

(7)  determine, for the purposes of section 108 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in the event of a partial termination of the plan or in the event of the total termination of a multi-employer pension plan, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(12.1)  prescribe the information other than that required under section 230.2 which must be contained in any draft agreement sent by the employer to the pension committee concerning the apportionment of surplus assets;

(13)  determine the rules of proof and procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including additional fees, not greater than twice the original fee, which may be imposed as an overdue charge;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244; 1992, c. 60, s. 38.

1990-01-01

244. The Régie may, by regulation,

(1)  determine the form and content of any document, certificate or attestation prescribed by this Act and the regulations;

(2)  determine the documents and information that must accompany every application for registration of a pension plan or amendment;

(3)  determine what income security programs are contemplated by section 58;

(4)  determine in what cases and on what conditions a pension may be replaced pursuant to section 92 by another life pension the amount of which may vary annually;

(5)  determine the benefits which, pursuant to paragraph 6 of section 93, may replace a pension to which a member or his spouse has become entitled, and the conditions attached to such a replacement;

(6)  determine, for the purposes of section 98 or 100, the plans or annuity contracts not governed by this Act that are included in the expression “pension plan” and the norms applicable to such plans or contracts, or make all or part of this Act and the regulations applicable to them;

In force: 1990-09-01

(7)  determine, for the purposes of section 108 or 110, the rules applicable to the determination of the benefits of the member and their value before and after partition of such benefits or payment of a compensatory allowance, and to the payment of benefits awarded to the spouse, in particular, the rules governing the transfer of the sums of money to which the spouse is entitled, the interest payable thereon and the information to be provided to the spouse within the prescribed time, and the obligations incumbent upon the person responsible for managing the sums thus transferred;

(8)  determine any document which may be examined pursuant to section 114;

(9)  limit or prohibit the investment of the assets of a pension plan in certain forms of investments;

(10)  determine the security which must be furnished by persons or bodies to whom or which a loan may be granted under section 177;

(11)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating any contribution or benefit, refund, interest rate or rate of return and, where applicable, their actuarial value;

(12)  determine the methods, assumptions, rules or factors which are applicable or prohibited for the purpose of calculating the assets and liabilities of a plan and distributing them among the groups of benefits in the event of a partial termination of the plan or in the event of the total termination of a multi-employer pension plan, and for the purposes of a conversion of the plan into a plan of another type, the division of the assets and liabilities of a plan among several plans or the merger of the assets and liabilities of several plans;

(13)  determine the rules of proof and procedure for any matter within its competence, the applicable time limits and the required documents;

(14)  prescribe the fees payable for the financing of expenses incurred by the Régie for the administration of this Act and the regulations and for any formality prescribed by this Act or the regulations, including additional fees, not greater than twice the original fee, which may be imposed as an overdue charge;

(15)  determine, among the provisions of any regulation made under this section, those provisions the contravention of which is punishable under Chapter XVII.

The regulations of the Régie shall be submitted to the Government for approval.

1989, c. 38, s. 244.