You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

O. Reg. 365/17: ADMINISTRATIVE PENALTIES

under Pension Benefits Act, R.S.O. 1990, c. P.8

Skip to content
Versions
current September 15, 2017 (e-Laws currency date)

Français

Pension Benefits Act

ONTARIO REGULATION 365/17

ADMINISTRATIVE PENALTIES

Consolidation Period: From September 15, 2017 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on January 1, 2018, the day section 5 of Schedule 19 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force.

No amendments.

This is the English version of a bilingual regulation.

Interpretation

Interpretation

1. (1) A provision that is listed in a Schedule to this Regulation without reference to a statute or regulation is a provision of the Act.

(2) In this Regulation,

“General Regulation” means Regulation 909 of the Revised Regulations of Ontario, 1990 (General) made under the Act.

General Administrative Penalties Imposed under Section 108.2 of the Act

Prescribed provisions

2. The provisions of the Act or of a regulation that are listed in Schedule 1 are prescribed for the purpose of imposing a general administrative penalty under section 108.2 of the Act.

Determination of amount of penalty

3. (1) The Superintendent may determine the amount of an administrative penalty under section 108.2 of the Act, subject to the limits set out in section 108.4 of the Act. 

(2) The Superintendent shall consider only the following criteria when determining the amount of an administrative penalty to be imposed for either of the purposes set out in subsection 108.1 (2) of the Act:

1. The degree to which the contravention or failure was intentional, reckless or negligent.

2. The extent of the harm or potential harm to others resulting from the contravention or failure.

3. The extent to which the person who is contravening or not complying with or who has contravened or failed to comply with a provision tried to mitigate any loss or to take other remedial action.

4. The extent to which the person who is contravening or not complying with or who has contravened or failed to comply with a provision derived or reasonably might have expected to derive, directly or indirectly, any economic benefit from the contravention or failure.

5. Any other contraventions of or failures to comply with a requirement established under the Act or with the pension benefits legislation of a designated jurisdiction during the preceding five years by the person.

Deadline for paying penalty

4. (1) A person on whom a penalty has been imposed by the Superintendent under subsection 108.2 (1) of the Act and who has not requested a hearing on the notice of the intended decision under subsection 108.2 (2) of the Act shall pay the penalty within 30 days after the person receives the order or such longer time as may be specified in the order.

(2) If a person requests a hearing on the notice on the intended decision in accordance with subsection 108.2 (5) of the Act, the person shall, within 30 days after the matter is finally determined or such longer time as may be specified by order, pay any penalty imposed on the person.

Summary Administrative Penalties Imposed under Section 108.3 of the Act

Prescribed provisions

5. The provisions of the Act or of a regulation that are listed in Column 1 of Schedule 2 are prescribed for the purpose of imposing a summary administrative penalty under section 108.3 of the Act.

Daily penalty

6. Subject to the maximum amount specified in section 108.4 of the Act, the Superintendent may impose an administrative penalty in the amount that is set out in Column 2 of Schedule 2 opposite a provision set out in Column of 1 of the Schedule for each day on which the contravention of or failure to comply with the provision occurs or continues.

Deadline for paying penalty

7. (1) A person on whom an administrative penalty has been imposed by the Superintendent under subsection 108.3 (1) of the Act and who has not appealed the order under subsection 108.3 (4) of the Act shall pay the penalty within 30 days after the day the person receives the Superintendent’s order or such longer time period as may be specified in the order.

(2) A person who appeals the Superintendent’s order to impose an administrative penalty under subsection 108.3 (4) shall, if the order is confirmed or varied by the Tribunal, within 30 days after the matter is finally determined or such longer time as may be specified by order, pay any penalty imposed on the person.  

8. Omitted (provides for coming into force of provisions of this Regulation).

SCHEDULE 1
GENERAL ADMINISTRATIVE PENALTIES IMPOSED UNDER SECTION 108.2 OF THE ACT

 

Item

Provision

1.

subsection 12 (1)

2.

subsection 19 (3)

3.

section 23

4.

subsection 26 (5)

5.

section 61

6.

section 62

7.

subsection 67.3 (4)

8.

subsection 68 (2)

9.

subsection 68 (4)

10.

subsection 68 (4.1)

11.

subsection 69 (3)

12.

subsection 69 (4)

13.

subsection 72 (1.1)

14.

subsection 75.1 (1)

15.

subsection 78 (1)

16.

subsection 78 (2)

17.

subsection 79.1 (1)

18.

subsection 79.1 (2)

19.

subsection 97 (2)

20.

section 2 of the General Regulation

21.

subsection 3 (3) of the General Regulation

22.

subsection 3 (4) of the General Regulation

23.

section 3.2 of the General Regulation

24.

subsection 4 (4) of the General Regulation

25.

subsection 5.4 (1) of the General Regulation

26.

subsection 5.4 (2) of the General Regulation

27.

subsection 5.4 (3) of the General Regulation

28.

subsection 5.4 (4) of the General Regulation

29.

subsection 5.4 (5) of the General Regulation

30.

subsection 5.4 (6) of the General Regulation

31.

subsection 5.9 (2) of the General Regulation

32.

subsection 5.10 (3) of the General Regulation

33.

subsection 6 (3) of the General Regulation

34.

clause 6 (5) (b) of the General Regulation

35.

clause 6 (5) (c) of the General Regulation

36.

clause 6 (5) (d) of the General Regulation

37.

subsection 6.0.4 (7) of the General Regulation

38.

subsection 6.0.4 (9) of the General Regulation

39.

subsection 6.0.4 (10) of the General Regulation

40.

section 6.1 of the General Regulation

41.

subsection 6.2 (1) of the General Regulation

42.

subsection 6.2 (2) of the General Regulation

43.

subsection 6.2 (4) of the General Regulation

44.

subsection 6.2 (5) of the General Regulation

45.

subsection 12 (2) of the General Regulation

46.

subsection 20 (2) of the General Regulation

47.

subsection 22.1 (3) of the General Regulation

48.

section 24 of the General Regulation

49.

subsection 28 (2.1) of the General Regulation

50.

subsection 28 (2.2) of the General Regulation

51.

subsection 28 (4) of the General Regulation

52.

subsection 28 (4.1) of the General Regulation

53.

subsection 28 (5.1) of the General Regulation

54.

subsection 28.1 (3) of the General Regulation

55.

subsection 28.1 (5) of the General Regulation

56.

subsection 29 (3) of the General Regulation

57.

subsection 29.1 (1) of the General Regulation

58.

Subsection 29.1 (4) of the General Regulation

59.

subsection 29.2 (2) of the General Regulation

60.

subsection 29.2 (3) of the General Regulation

61.

subsection 29.2 (4) of the General Regulation

62.

subsection 30.2 (6) of the General Regulation

63.

subsection 30.2 (7) of the General Regulation

64.

subsection 30.2 (10) of the General Regulation

65.

subsection 30.2 (11) of the General Regulation

66.

section 38 of the General Regulation

67.

subsection 39 (1) of the General Regulation

68.

subsection 39 (2) of the General Regulation

69.

subsection 40 (2) of the General Regulation

70.

subsection 40.1 (2) of the General Regulation

71.

subsection 40.1 (3) of the General Regulation

72.

subsection 40.2 (2) of the General Regulation

73.

subsection 40.2 (3) of the General Regulation

74.

subsection 41 (2) of the General Regulation

75.

subsection 43 (1.1) of the General Regulation

76.

subsection 43(3) of the General Regulation

77.

subsection 44 (1) of the General Regulation

78.

subsection 44 (2) of the General Regulation

79.

subsection 44 (4) of the General Regulation

80.

subsection 45 (5) of the General Regulation

81.

subsection 51.1 (7) of the General Regulation

82.

section 57 of the General Regulation

83.

subsection 76 (16) of the General Regulation

84.

subsection 79 (1) of the General Regulation

85.

subsection 7 (2) of Schedule 1.1 to the General Regulation

86.

subsection 7 (7) of Schedule 1.1 to the General Regulation

87.

subsection 13 (2) of Schedule 1.1 to the General Regulation

88.

subsection 16 (1) of Schedule 1.1 to the General Regulation

89.

subsection 17 (1) of Schedule 1.1 to the General Regulation

90.

subsection 5 (2) of Schedule 3 to the General Regulation

91.

subsection 5 (8) of Schedule 3 to the General Regulation

92.

subsection 5 (9) of Schedule 3 to the General Regulation

93.

subsection 10 (2) of Schedule 3 to the General Regulation

94.

subsection 13 (1) of Schedule 3 to the General Regulation

95.

subsection 14 (1) of Schedule 3 to the General Regulation

96.

section 25 of Ontario Regulation 287/11 (Family Law Matters)

97.

section 37 of Ontario Regulation 287/11 (Family Law Matters)

98.

subsection 42 (2) of Ontario Regulation 287/11 (Family Law Matters)

99.

section 6 of Ontario Regulation 310/13 (Asset Transfers under Sections 80 and 81 of the Act)

100.

section 15 of Ontario Regulation 310/13 (Asset Transfers under Sections 80 and 81 of the Act)

101.

subsection 16 (2) of Ontario Regulation 310/13 (Asset Transfers under Sections 80 and 81 of the Act)

102.

subsection 16 (5) of Ontario Regulation 310/13 (Asset Transfers under Sections 80 and 81 of the Act)

103.

section 17 of Ontario Regulation 310/13 (Asset Transfers under Sections 80 and 81 of the Act)

104.

subsection 21 (2) of Ontario Regulation 310/13 (Asset Transfers under Sections 80 and 81 of the Act)

105.

section 22 of Ontario Regulation 310/13 (Asset Transfers under Sections 80 and 81 of the Act)

106.

section 10 of Ontario Regulation 311/15 (Conversions and Transfers of Assets Under Section 80.4 of the Act and Conversions under Section 81.0.1 of the Act)

107.

section 11 of Ontario Regulation 311/15 (Conversions and Transfers of Assets Under Section 80.4 of the Act and Conversions under Section 81.0.1 of the Act)

108.

section 12 of Ontario Regulation 311/15 (Conversions and Transfers of Assets Under Section 80.4 of the Act and Conversions under Section 81.0.1 of the Act)

109.

section 16 of Ontario Regulation 311/15 (Conversions and Transfers of Assets Under Section 80.4 of the Act and Conversions under Section 81.0.1 of the Act)

 

SCHEDULE 2
SUMMARY ADMINISTRATIVE PENALTIES IMPOSED UNDER SECTION 108.3 OF THE ACT – PRESCRIBED DAILY PENALTY

 

Item

Column 1

Column 2

1.

subsection 3 (2) of the General Regulation

$200

2.

subsection 13 (1) of the General Regulation

$200

3.

subsection 14 (10) of the General Regulation

$200

4.

subsection 16.1 (1) of the General Regulation

$200

5.

subsection 18 (1) of the General Regulation

$100

6.

subsection 32 (1) of the General Regulation

$200

7.

subsection 32.1 (1) of the General Regulation

$200

8.

subsection 76 (4) of the General Regulation

$200

9.

subsection 77 (1) of the General Regulation

$100

10.

subsection 78 (4) of the General Regulation

$100

11.

subsection 78 (5) of the General Regulation

$100

12.

subsection 78 (6) of the General Regulation

$100

 

 

Français