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C.C.S.M. c. P94.6
The Pooled Registered Pension Plans (Manitoba) Act
|Table of Contents||Bilingual (PDF)||Regulations|
(Assented to June 2, 2017)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
DEFINITIONS AND APPLICATION
1 The following definitions apply in this Act.
"applied Act" means the federal Act as it applies under this Act. (« loi appliquée »)
"cohabiting spouse or common-law partner" of an individual at any time means a spouse or common-law partner of the individual who at that time is not living separate and apart from the individual because of a breakdown of their relationship. (« conjoint ou conjoint de fait visé »)
"commission" means The Pension Commission of Manitoba. (« Commission »)
"common-law partner" of an individual means
(a) a person who, with the individual, registered a common-law relationship under section 13.1 of The Vital Statistics Act; or
(b) a person who, not being married to the individual, cohabited with him or her in a conjugal relationship
(i) for a period of at least three years, if either of them is married, or
(ii) for a period of at least one year, if neither of them is married. (« conjoint de fait »)
"designated jurisdiction" means Canada and any jurisdiction, other than Manitoba, designated in the federal regulations as a designated province. (« autorité législative désignée »)
"federal Act" means the Pooled Registered Pension Plans Act (Canada). (« loi fédérale »)
"federal regulations" means the regulations made under the federal Act. (« règlement fédéral »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"PRPP account" means the account of a member in a pooled registered pension plan. (« compte d'un participant »)
"provincial employment" means employment in Manitoba, other than
(a) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of the Parliament of Canada; and
(b) employment excluded by regulation. (« emploi provincial »)
"regulation", except in reference to a federal regulation, means a regulation made under this Act. (« règlement »)
"survivor", in relation to a deceased member, means
(a) if there is no person described in clause (b), the member's spouse at the time of the member's death; or
(b) the person who, immediately before the member's death, was a cohabiting common-law partner of the member. (« survivant »)
"superintendent" means the Superintendent of Pensions under The Pension Benefits Act. (« surintendant »)
2 For the purpose of this Act,
(a) an employee is employed in the province or territory of Canada in which the establishment of his or her employer to which the employee reports for work is situated; and
(b) if an employee is not required to report for work to such an establishment or is required to report to the employer's establishments in multiple jurisdictions, the employee is deemed to be employed in the province or territory in which the employer's establishment from which the employee's remuneration is paid is situated.
3 Subject to the regulations, this Act does not apply in respect of a member of a pooled registered pension plan unless the member
(a) is employed in provincial employment;
(b) is resident in Manitoba and is self-employed; or
(c) is employed in Manitoba on or in connection with the operation of any work, undertaking or business that is within the legislative authority of the Parliament of Canada, but only if the member's employer has not entered into a contract, referred to in section 29 of the applied Act (contract between employer and administrator), to provide a pooled registered pension plan to the class of employees to which the member belongs.
4(1) Subject to this Act and the regulations, the provisions of the federal Act apply, with the changes the circumstances require, in respect of pooled registered pension plans as though those provisions had been enacted as provisions of this Act.
4(2) For the purpose of applying, under subsection (1), a provision of the federal Act, unless a contrary intention appears in this Act or the regulations, a word or expression set out in Column 1 of the following table, if it appears in that provision, is to be read as the word or expression set out opposite it in Column 2:
Court of Queen's Bench
Governor in Council
Lieutenant Governor in Council
Part II of the Inquiries Act
Part V of The Manitoba Evidence Act
subsection 2(1) of the Pension Benefits Standards Act, 1985
subsection 1(1) of The Pension Benefits Act
4(3) The following provisions of the federal Act do not apply:
(a) section 1 (short title);
(b) the definitions "common-law partner", "designated province", "included employment", "Minister", "spouse", "Superintendent" and "survivor" in subsection 2(1) (interpretation);
(c) subsection 2(2) (meaning of spouse or common-law partner);
(d) section 4 (application);
(e) subsection 6(3) (tabling agreement);
(f) section 8 (review by Federal Court);
(g) section 38 (appeal to Federal Court);
(h) section 53 (divorce, annulment, separation or breakdown of common-law partnership);
(i) section 63 (designation of beneficiaries — provincial law);
(j) section 67 (application to Federal Court);
(k) section 72 (agreement to transfer);
(l) section 73 (agreement to surrender);
(m) section 74 (non-application of Statutory Instruments Act);
(n) subsection 75(9) (who may lay an information);
(o) paragraph 76(1)(b) (power to designate provinces);
(p) subsection 76(2) (exceptions from included employment);
(q) subsections 77(1), (2) and (4) to (7) (incorporation by reference);
(r) section 78 (annual report);
(s) sections 79 to 94 (consequential and related amendments);
(t) section 95 (coming into force).
4(4) A reference in a provision of the applied Act to "this Act" must be read as if it were a reference to this Act.
4(5) A reference in a provision of this Act or the applied Act to "regulation" or "regulations" must be read as if it were a reference to a regulation or the regulations under this Act.
5(1) For the purpose of its application under this Act, subsection 10(1) of the federal Act (powers of Superintendent) must be read without the reference to ", under the direction of the Minister,".
5(2) The superintendent may designate a person who, in the absence of the superintendent, may exercise the powers and perform the duties of the superintendent under this Act. The minister may designate a person who, when the office of the superintendent is vacant, may exercise the powers and perform the duties of the superintendent under this Act.
5(3) The superintendent may delegate, in writing, any power conferred or duty imposed on the superintendent under this Act or the regulations to another person employed under the superintendent.
RECONSIDERATION, REVIEW, OBJECTIONS AND APPEALS
6(1) Subject to the terms of a multilateral agreement, for the purpose of a reconsideration, review or appeal of a decision of the superintendent that
(a) is made under the authority of a multilateral agreement; and
(b) relates to the application of the legislation of a designated jurisdiction;
the decision is deemed to be a decision of the supervisory authority under the legislation of the designated jurisdiction and is subject to reconsideration, review or appeal in accordance with that legislation.
6(2) Subject to the terms of a multilateral agreement, for the purpose of a reconsideration, review or appeal of a decision of the supervisory authority of a designated jurisdiction that
(a) is made under the authority of a multilateral agreement, and
(b) relates to the application of this Act,
the decision is deemed to be a decision of the superintendent and is subject to reconsideration, review or appeal in accordance with this Act.
7(1) If a person has sent a notice of objection as permitted by section 37 of the applied Act or by the regulations, the person may appeal the superintendent's decision or action to the commission
(a) within 90 days after the superintendent confirms or varies the decision or action taken; or
(b) after 90 days and before 180 days have elapsed since the notice of objection was sent, if the superintendent has not notified the person of his or her decision in response to the objection.
7(2) The notice of appeal to the commission must set out the grounds for the appeal and the relief sought. It must also include a copy of the notice of objection sent to the superintendent.
7(3) Subject to any regulations made under clause 37(dd) of The Pension Benefits Act, the commission may make or adopt rules of procedure for appeals under this section.
7(4) The superintendent has standing to appear before the commission on an appeal under this section and may be represented by counsel.
7(5) On an appeal under this section, the commission may, in writing,
(a) confirm or rescind the decision or action of the superintendent; or
(b) direct the superintendent to vary the decision or action or reconsider the matter as directed by the commission.
7(6) The commission must give a copy of its decision to the superintendent and to each party to the appeal.
8(1) A party to an appeal under section 7 may appeal the commission's decision to the Court of Appeal, with the leave of the court, on a question of law or jurisdiction.
8(2) The application for leave must be made within 30 days after the applicant is given a copy of the commission's decision.
8(3) The applicant must serve the following on the superintendent and the commission:
(a) a copy of the application for leave;
(b) if leave is granted, a copy of the notice of appeal.
8(4) The commission and the superintendent are entitled to be heard, by counsel or otherwise, on the application for leave to appeal and on the appeal.
8(5) On an appeal under this section, the Court of Appeal may direct the commission or the superintendent to make any decision or to do any other act
(a) that the commission or the superintendent, as the case may be, is authorized or empowered to do under this Act and the regulations; and
(b) that the court considers proper having regard to the material and submissions before it and to this Act and the regulations.
8(6) Despite an order of the Court of Appeal under this section, the commission may make any further decision permitted under section 7 if new material evidence is presented or if there is a material change in the circumstances. That further decision is subject to appeal under this section.
8(7) A decision being appealed under this section takes effect immediately unless
(a) the order of the commission specifies otherwise; or
(b) the Court of Appeal, on motion, grants a stay of the decision pending the disposition of the appeal.
JOINT LIFE ANNUITY
9(1) Despite section 48 of the applied Act and the provisions of a pooled registered pension plan, but subject to subsection (2), sections 10 and 11 and the regulations, the funds in the PRPP account of a member with a spouse or common-law partner must be used to purchase a life annuity of a prescribed kind that provides an annuity payable
(a) to the member during his or her lifetime; and
(b) after the member dies, to the spouse or common-law partner during his or her lifetime, if he or she survives the member.
9(2) Subsection (1) does not apply if
(a) there is no person who, at the time the member makes an election under section 48 of the applied Act (variable payments) or notifies the administrator under section 54 of the applied Act (transfer of funds or purchase of annuity), is a cohabiting spouse or common-law partner of the member; or
(b) the cohabiting spouse or common-law partner has waived his or her entitlement to the joint life annuity in accordance with subsection (4) and the waiver has not been revoked in accordance with subsection (5).
9(3) The periodic annuity payment payable to the surviving spouse or common-law partner under the joint life annuity must be at least 60% of the periodic annuity payment that was payable to the member.
9(4) The spouse or common-law partner may, after being given information in accordance with the regulations, waive his or her entitlement to a joint life annuity by completing a waiver in prescribed form and providing it to the administrator.
9(5) A spouse or common-law partner who has provided a waiver under subsection (4) may revoke it in accordance with the regulations at any time before the member begins receiving variable payments under section 48 of the applied Act.
WITHDRAWAL OF FUNDS
10(1) Subject to subsections (2) and (3), a member with a disability as defined in the regulations may withdraw funds from his or her PRPP account in accordance with the regulations whether or not the withdrawal is permitted by the pooled registered pension plan.
10(2) If the member has a cohabiting spouse or common-law partner, funds may not be withdrawn under this section unless the spouse or common-law partner, after receiving prescribed information, consents in prescribed form to the withdrawal and provides the consent to the administrator.
10(3) The funds that may be withdrawn under this section do not include any funds to which another person is entitled on a division under section 13.
11 If the amount of funds in a member's PRPP account is less than 20% of the Year's Maximum Pensionable Earnings for the year
(a) in which the member dies,
(b) in which the member provides the notification referred to in section 44 of the applied Act; or
(c) in which the member is no longer employed by an employer that is participating in the plan;
the funds in the account may be withdrawn by the member or survivor, as the case may be, whether or not the withdrawal is permitted by the pooled registered pension plan.
PROTECTION OF FUNDS
12(1) Except as provided in this Act and the regulations and except as provided in The Garnishment Act
(a) funds in a member's PRPP account;
(b) variable payments from a member's PRPP account;
(c) funds withdrawn from a member's PRPP account in accordance with section 10 or 11 or under a plan provision authorized by subsection 47(2) of the applied Act;
(d) funds transferred or used in accordance with section 9 of this Act or subsection 50(1) or (3) or subsection 54(2) of the applied Act, and amounts earned by the transferred funds; and
(e) funds withdrawn from a member's PRPP account in accordance with the regulations;
are exempt from execution, seizure or attachment and may not be assigned, charged, anticipated or given as security. Any transaction purporting to do so is void.
12(2) Subsection (1) does not prevent a transfer or payment made to satisfy a division of property between a member and the member's spouse, former spouse or common-law partner as a result of a breakdown of their relationship.
DIVISION ON BREAKDOWN OF
13(1) Subject to an agreement or waiver referred to in section 15, the funds in a member's PRPP account must be divided in accordance with the regulations if
(a) under an order of the Court of Queen's Bench made under The Family Property Act, family assets of the member or his or her spouse, former spouse or common-law partner are required to be divided;
(b) under a written agreement between the member and his or her spouse, former spouse or common-law partner, their family assets are divided; or
(c) a division of the funds is required by
(i) an order of a court of competent jurisdiction in another province or territory of Canada, or
(ii) an order of the Court of Queen's Bench made under subsection 14(3).
13(2) The division of the funds must be made in accordance with the regulations even if an agreement or court order requires it to be made in a different manner.
13(3) When funds are divided under this section, the person becoming entitled to a portion of the funds may only
(a) transfer the funds to a PRPP account of the person;
(b) transfer the funds to a pension plan, if that plan permits;
(c) transfer the funds to a type of retirement savings plan or retirement benefits plan of the kind prescribed; or
(d) use the funds to purchase an immediate or deferred life annuity of the kind prescribed.
14(1) A member's common-law partner may apply to the Court of the Queen's Bench for an order requiring the funds in the member's PRPP account be divided as required by section 13, if
(a) they cohabited with each other for at least one year but less than three years while neither of them was married, and their relationship was never registered under section 13.1 of The Vital Statistics Act; and
(b) their last common habitual residence was in Manitoba.
14(2) The application must be made
(a) within three years after the common-law partner and the member last began to live separate and apart; or
(b) within six months after the grant of letters probate of the member's will or of letters of administration;
whichever occurs first.
14(3) Upon being satisfied that the application meets the requirements of subsections (1) and (2), the court may order the funds in the member's PRPP account to be divided as required by section 13.
15(1) Section 13 does not apply to the funds in a member's PRPP account if
(a) the member and the person otherwise entitled to a division of the funds, after each has received
(i) independent legal advice, and
(ii) prescribed information in accordance with the regulations;
enter into a written agreement, containing prescribed terms, not to divide the funds between them; and
(b) the agreement is filed with the administrator who would otherwise be required to give effect to the division.
15(2) Section 13 does not apply to the funds in the PRPP account of a member who has died if, after his or her death, the person
(a) who is entitled to a division of the funds in the deceased member's PRPP account; or
(b) who, by obtaining a court order under section 14, would be so entitled;
after being given prescribed information in accordance with the regulations, waives the entitlement by completing a waiver in prescribed form and the waiver is provided to the administrator.
DEATH OF MEMBER
16(1) Despite subsection 52(1) of the applied Act but subject to a division required by section 13, the funds in the deceased member's PRPP account are to be paid to the member's designated beneficiary or to the member's estate or succession in accordance with subsection 52(2) of the applied Act if the survivor
(a) has waived his or her entitlement in accordance with subsection (2);
(b) has not revoked the waiver in accordance with subsection (3); and
(c) is not a designated beneficiary.
16(2) A person who is or may become entitled as a survivor to the funds in a member's PRPP account may, after being given prescribed information about the account and the survivor's entitlement under section 52 of the applied Act, waive that entitlement by completing a waiver in prescribed form and providing it to the administrator.
16(3) A waiver under subsection (2) may be revoked before the member's death by filing with the administrator a written revocation signed by the member and the person who granted the waiver.
17 If a person is convicted of an offence under this Act, the court, in addition to any punishment it may impose, may order the person to comply with the provisions of this Act or the regulations.
18 No action or proceeding may be brought against
(a) the commission or any member or employee of the commission; or
(b) the superintendent or any other person exercising a power or performing a duty of the superintendent;
for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.
19(1) In addition to any regulations that the Lieutenant Governor in Council may make under section 76 of the applied Act, the Lieutenant Governor in Council may make regulations
(a) modifying or adapting provisions of the applied Act for the purpose of their application under this Act, including, without limitation, by specifying circumstances in which they apply or setting conditions of or limitations on their application;
(b) modifying or adapting provisions of the federal regulations for the purpose of their application under this Act, including, without limitation, by specifying circumstances in which they apply or setting conditions of or limitations on their application;
(c) respecting fees, including, without limitation,
(i) establishing and imposing fees that must be paid
(A) in respect of the application for a licence under section 11 of the applied Act,
(B) for filing documents under subsection 12(2) of the applied Act, or
(C) for filing an information return under section 58 of the applied Act, and
(ii) prescribing the manner in which and the period within which those fees must be paid;
(d) defining "disability" and any other word or expression used but not defined in this Act;
(e) excluding employment from the definition of "provincial employment";
(f) respecting notices of objection referred to in section 7, including
(i) specifying the matters in respect of which notices of objections may be filed,
(ii) respecting the form and content of notices of objection, how and when they may be filed, and who may file them, and
(iii) respecting procedures for responding to a notice of objection;
(g) respecting appeals to the commission under section 7;
(h) respecting the entitlement to a joint life annuity provided by section 9;
(i) respecting the withdrawal of funds under section 10 or 11;
(j) respecting the protection of funds provided under section 12;
(k) respecting the division under section 13 of funds in a member's PRPP account;
(l) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the purpose of this Act.
19(2) A regulation under this Act may incorporate by reference provisions of the federal regulations.
19(3) Regulations under this Act may
(a) adopt a standard, code or rule
(i) set by a provincial, national, international or other code or standard-making body, or
(ii) enacted as or under a law of another jurisdiction;
(b) adopt the standard, code or rule
(i) in whole, in part or with any changes the Lieutenant Governor in Council considers appropriate, or
(ii) as it stands at a particular date, as it stands at the date of adoption or as amended from time to time;
(c) be different for different classes of person, employee, employer, employment or circumstances; and
(d) delegate a matter to or confer discretion on the superintendent.
NOTE: These sections contained amendments to other Acts, which amendments are now included in those Acts.
C.C.S.M. REFERENCE AND COMING INTO FORCE
26 This Act may be referred to as chapter P94.6 of the Continuing Consolidation of the Statutes of Manitoba.
27 This Act comes into force on a day to be fixed by proclamation.
NOTE: S.M. 2017, c. 3 came into force by proclamation on August 1, 2017.
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