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S.M. 1996, c. 45

THE PENSION BENEFITS AMENDMENT ACT


 

(Assented to November 19, 1996)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P32 amended

1

The Pension Benefits Act is amended by this Act.

2

Section 11 is repealed and the following is substituted:

Reciprocal agreements re administration of pension plans

11(1)

The minister may enter into an agreement with the government or an authorized representative of the government of a designated province or of Canada, or with more than one of them, to do one or more of the following things:

(a) provide for the reciprocal registration, audit and inspection of pension plans, and the reciprocal enforcement of specified laws affecting pension plans;

(b) authorize the pension commission, superintendent or other authorized representative of the designated province or Canada to exercise any of the powers or perform any of the duties of the commission or the superintendent under this Act;

(c) authorize the commission or the superintendent in Manitoba to exercise any of the powers or perform any of the duties of the pension commission, superintendent or other authorized representative of the designated province or Canada under the laws of that jurisdiction governing pensions;

(d) establish an association of pension commissions in Canada and to authorize such an association to exercise such powers and perform such duties of the commission  as the agreement may provide.

Existing agreements

11(2)

Any agreement of a type described under subsection (1) that is in force at the time that subsection (1) comes into force continues in effect as if entered into under subsection (1).

Reciprocal agreements re application of laws

11(3)

The minister may enter into an agreement with the government or an authorized representative of the government of a designated province or of Canada, or with more than one of them, to provide that where a pension plan is subject to both this Act and the enactments of one or more of those other jurisdictions, either

(a) this Act or a part of it is not to apply and the legislation or part of the legislation of the other jurisdiction is to apply to the pension plan; or

(b) this Act or a part of it is to apply and the legislation or part of the legislation of the other jurisdiction is not to apply to the pension plan;

and to establish conditions for the application of the laws referred to in clauses (a) and (b).

Effective date of laws

11(4)

An agreement entered into under subsection (1) or (3) shall specify the date on which it comes into force and the agreement acquires the force of law in Manitoba as of that date.

Public notice of reciprocal agreements re laws

11(5)

As soon as practicable after entering an agreement or any amendment to an agreement under subsection (3), the minister shall cause the text of the agreement or the amendment to be published in the gazette.

Coming into force

3

This Act comes into force on the day it receives royal assent.