Within Canadian law, Pension regulation in Canada falls mostly within provincial jurisdiction by virtue of the property and civil rights power under the Constitution Act, 1867 . For workers whose employers are subject to federal jurisdiction, such jurisdiction extends to regulating pension plans available to them.
The Pension Benefits Act is administered by the Superintendent of Financial Services appointed by the Financial Services Commission of Ontario. Ontario regulates approximately 8,350 employment pension plans, which comprise more than 40 per cent of all registered pension plans in Canada [1]
It was originally enacted as the Pension Benefits Act, 1965 (S.O. 1965, c. 96), and it was the first statute in any Canadian jurisdiction to regulate pension plans. [2]
| Sections | Description |
|---|---|
| (1-1.1) | Interpretation |
| (2-5.1) | Application |
| (6-24) | Registration and administration |
| (24.1-30.1) | Record keeping and disclosure |
| (31-34) | Membership |
| (35-38) | Retirement |
| (39-54) | Benefits |
| (55-62.1) | Contributions |
| (63-67) | Locking in |
| (67.1-67.6) | Family law matters |
| (68-77) | Winding up |
| (77.1-77.10) | Transition - partial wind up |
| (77.11-79.0.1) | Surplus |
| (79.1-81) | Asset transfers between pension plans |
| (81.1) | Insolvency and bankruptcy |
| (82-86) | Pension Benefits Guarantee Fund |
| (87-88) | Superintendent's orders |
| (89-91) | Notices of, and appeals from, intended decisions and orders |
| (95-99) | Financial Services Commission of Ontario |
| (100-101) | Agreements with designated jurisdictions |
| (102) | Exemptions and special arrangements |
| (103-116) | General |
In addition to registration requirements under the Income Tax Act relating to eligibility of expenses and deductions that are administered by the Canada Revenue Agency, plans are registered in the host jurisdiction as follows:
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