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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.