O. Reg. 115/00: GENERAL

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ONTARIO REGULATION 115/00

made under the

Pension Benefits Act

Made: February 16, 2000
Filed: February 16, 2000

Amending Reg. 909 of R.R.O. 1990

(General)

1. (1) Clause (c) of the definition of “Ontario plan beneficiary” in subsection 1 (2) of Regulation 909 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(c) the surviving spouse or same–sex partner of, or a beneficiary of, a former member who was an Ontario plan beneficiary under clause (b), if the surviving spouse or same–sex partner or the beneficiary is receiving a pension from the plan as a result of the death of the former member;

(2) The definition of “significant shareholder” in subsection 1 (2) of the Regulation is amended by striking out “spouse” and substituting “spouse, same–sex partner”.

2. Subsection 22 (1) of the Regulation is amended by,

(a) striking out “the former member’s spouse” in clause (c.1) and substituting “the former member’s spouse or same–sex partner” and by striking out “the spouse’s lifetime” and substituting “the spouse’s or same–sex partner’s lifetime”; and

(b) striking out “spouse” wherever it occurs in clause (e) and substituting in each case “spouse or same–sex partner”.

3. Clause 28 (2) (e) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

4. Clause 40 (1) (h) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

 

5. Clause 41 (1) (f) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

6. (1) Subsection 43 (1) of the Regulation is amended by,

(a) striking out “spouse” wherever it occurs in the portion before clause (a) and substituting in each case “spouse, same–sex partner”; and

(b) striking out “spouse” in clause (f) and substituting “spouse or same–sex partner”.

(2) Subsection 43 (2) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

(3) Subsection 43 (3) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

7. Clause 44 (3) (d) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

8. The heading preceding section 46 of the Regulation is struck out and the following substituted:

Notice to Spouse or Same–Sex Partner under
Subsection 51 (5) of the Act

9. The heading preceding section 56 of the Regulation is struck out and the following substituted:

Accrual during Period Member had Spouse
or Same–Sex Partner

10. Section 56 of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

11. Subsection 63 (6) of the Regulation is amended by striking out “spouse” wherever it occurs and substituting in each case “spouse or same–sex partner”.

12. Subsection 66 (3) of the Regulation is amended by,

(a) striking out “spouse” in clause (d) and substituting “spouse or same–sex partner”; and

(b) striking out “spouse” in clause (e) and substituting “spouse or same–sex partner”.

13. (1) Subsection 73 (1) of the Regulation is amended by,

(a) striking out “spouse” in clause (f) and substituting “spouse, same–sex partner”;

(b) striking out “spouse” in subclause (g) (i) and substituting “spouse, same–sex partner”; and

(c) striking out “spouse” in subclause (g) (ii) and substituting “spouse, same–sex partner”.

(2) Subsection 73 (2) of the Regulation is amended by striking out “spouse” wherever it occurs and substituting in each case “spouse, same–sex partner”.

14. (1) Section 1 of Schedule 1 to the Regulation is amended by,

(a) striking out “spouse” in paragraph 1 and substituting “spouse or same–sex partner”; and

(b) striking out “The spouse or former spouse of a member or former member if the spouse or former spouse” in paragraph 2 and substituting “The spouse, same–sex partner, former spouse or former same–sex partner of a member or former member, if the spouse, same–sex partner, former spouse or former same–sex partner”.

(2) Subsection 7 (3) of Schedule 1 to the Regulation is amended by striking out “the spousal status of the purchaser of the fund” and substituting “whether the purchaser of the fund has a spouse or same–sex partner”.

(3) Subsection 8 (1) of Schedule 1 to the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

(4) Subsection 8 (2) of Schedule 1 to the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

(5) Subsection 8 (3) of Schedule 1 to the Regulation is amended by striking out “a person’s spousal status” and substituting “whether a person has a spouse or same–sex partner”.

(6) Subsection 9 (1) of Schedule 1 to the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

15. This Regulation comes into force on the day subsection 53 (2) of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.

 

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