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UK and Canadian Pension Fund – Appendix H

Comparative Study of U.K. and Canadian Pension Fund Transparency Practices 

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Appendix H: Selected Sections of Pension Benefits Standards Act, 1985 (Canada)

Source: http://laws.justice.gc.ca/en/P-7.01/91985.html GENERAL REQUIREMENTS
 

Duty to Provide Information

Annual reporting requirements

12. (1) The administrator of a pension plan shall file with the Superintendent annually, or at such other intervals or times and in such form as the Superintendent directs,

(a) an information return relating to that pension plan, containing the prescribed information; and

(b) prescribed information regarding the extent, if any, to which inflation adjustments or other adjustments to pension benefits under that plan have been provided

(i) voluntarily by the employer, or

(ii) pursuant to a collective agreement, whether or not those adjustments are provided for under the plan.

Other reporting requirements

(2) The administrator of a pension plan shall file with the Superintendent every three years, or at such other intervals or times and in such form as the Superintendent directs,

(a) information regarding the source of the funds used to make any adjustments referred to in paragraph (1)(b); and

(b) information regarding the application of gains, if any, from the pension fund.

Idem

(3) The administrator of a pension plan shall file with the Superintendent actuarial reports, financial statements, and any other information required by or pursuant to regulations made under paragraph 39(i), at such intervals or times as the Superintendent directs.

Actuarial reports and financial statements

(3.1) Except as otherwise specified by the Superintendent,

(a) the actuarial reports must be prepared in accordance with the standards of practice adopted by the Canadian Institute of Actuaries; and

(b) the financial statements must be prepared in accordance with generally accepted accounting principles, the primary source of which is the Handbook of the Canadian Institute of Chartered Accountants.

Time limit for filing

(4) Unless otherwise directed by the Superintendent, every document required to be filed pursuant to this section shall be filed within six months after the end of the plan year to which it relates.

R.S., 1985, c. 32 (2nd Supp.), s. 12; 1998, c. 12, s. 12.

Information to members

13. The administrator of a pension plan shall provide to the plan members, former members and any other persons entitled to pension benefits or refunds under the plan, at the time and in the manner specified by the Superintendent, any information that the Superintendent specifies.

R.S., 1985, c. 32 (2nd Supp.), s. 13; 1998, c. 12, s. 13.