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O. Reg. 342/10: GENERAL

filed September 3, 2010 under Pension Benefits Act, R.S.O. 1990, c. P.8

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ontario regulation 342/10

made under the

pension benefits act

Made: September 1, 2010
Filed: September 3, 2010
Published on e-Laws: September 8, 2010
Printed in The Ontario Gazette: September 18, 2010

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


1. Regulation 909 of the Revised Regulations of Ontario, 1990, is amended by adding the following section:

Designated Jurisdictions

1.4 (1) For the purposes of the definition of “designated jurisdiction” in subsection 1 (1) of the Act, each of the following jurisdictions in Canada is prescribed as a jurisdiction in which there is in force legislation substantially similar to the Act:

1. Canada.

2. The provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Quebec and Saskatchewan.

(2) The status of Canada as a designated jurisdiction applies in respect of “included employment” as defined in subsection 2 (1) of the Pension Benefits Standards Act, 1985 (Canada) but not in respect of any other employment in Canada.

2. Clause (b) of the definition of “excluded plan” in subsection 5.6 (1) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(b) a plan that is not registered before September 30, 2008 under the Act or the legislation of a designated jurisdiction unless,

. . . . .

3. Section 23 of the Regulation is revoked and the following substituted:

Reciprocal Agreements

23. (1) This section applies if there is an agreement under section 95 of the Act between the Commission and authorized representatives of one or more designated jurisdictions.

(2) If the agreement so provides, a pension plan with the plurality of members employed in a designated jurisdiction is exempted from registration or audit under the Act.

(3) In order to determine, for the purposes of subsection (2), where the plurality of the members of a pension plan are employed, only those members who are employed in Ontario or in any of the designated jurisdictions shall be counted.

4. (1) Subclause 30 (2) (d) (ii) of the Regulation is revoked and the following substituted:

(ii) employment in each designated jurisdiction, and

(2) Clauses 30 (2) (h) and (i) of the Regulation are revoked and the following substituted:

(h) dealing with the portion of the plan assets allocated for the provision of benefits resulting from employment in each designated jurisdiction in accordance with the laws of the jurisdiction; and

5. This Regulation comes into force on the later of October 1, 2010 and the day it is filed.