Laws and regulations applicable to supplemental pension plans

Supplemental pension plans (SPP) are subject to the Income Tax Act This link will open in a new window., which is monitored by the Canada Revenue Agency This link will open in a new window..

Many SPPs are also subject to a provincial or federal pension plan act and are therefore monitored by another agency.

SPPs monitored by Retraite Québec

These SPPs include plans offered by employers in the private and municipal sectors, and certain plans in the parapublic sector, whose activities fall under provincial jurisdiction. They are subject to the Supplemental Pension Plans Act This link will open in a new window. and the regulations concerning supplemental pension plans.

SPPs administered by Retraite Québec

These SPPs are pension plans for public or parapublic organizations in Québec. The plans apply to employees in the Québec public service, the health and education systems, the Sûreté du Québec, peace officers, elected municipal officials, judges of the Court of Québec, etc. Each of the plans is subject to a Québec law specific to the employees affected. For more details on the subject, contact Retraite Québec.

SPPs monitored by a supervisory agency in Canada having a similar mandate to that of Retraite Québec

Where a pension plan has workers whose rights are subject to the Supplemental Pension Plans Act and workers whose rights are subject to another provincial or federal law, it may be under the supervision of another agency having a similar mandate to that of Retraite Québec. In such a case, the other agency must ensure, on behalf of Retraite Québec, that the rights of Québec workers are in conformity with the Supplemental Pension Plans Act. That agency takes its mandate from an agreement entered into between different government authorities that specifies how various pension plan legislation must be applied.

Below is the list of the agencies having a similar mandate to that of Retraite Québec as well as their respective laws.

Provinces, Territories or Government Applicable Laws Agencies
Alberta Employment Pension Plans Act This link will open in a new window. Alberta Treasury Board and Finance This link will open in a new window.
British Columbia Pension Benefits Standards Act This link will open in a new window. BC Financial Services Authority This link will open in a new window.
Federal, Yukon, Northwest Territories and Nunavut Pension Benefits Standards Act, 1985 This link will open in a new window. Office of the Superintendent of Financial Institutions Canada This link will open in a new window.
Manitoba The Pension Benefits Act This link will open in a new window. Manitoba Finance – Pension Commission This link will open in a new window.
New Brunswick Pension Benefits Act This link will open in a new window. Financial and Consumer Services Commission This link will open in a new window.
Newfoundland and Labrador Pension Benefits Act, 1997 This link will open in a new window. Service NL This link will open in a new window.
Nova Scotia Pension Benefits Act This link will open in a new window. Finance and Treasury Board This link will open in a new window.
Ontario Pension Benefits Act This link will open in a new window. Financial Services Regulatory Authority (FSRA) This link will open in a new window.
Québec Supplemental Pension Plans Act Retraite Québec
Saskatchewan The Pension Benefits Act, 1992 This link will open in a new window.

Financial and Consumer Affairs Authority:

SPPs in the private sector under federal jurisdiction

These SPPs are plans from private organizations whose activities fall under federal jurisdiction. Those plans apply to employees in banks, interprovincial transport or telecommunications companies, etc. They are subject to the Pension Benefits Standards Act, 1985 This link will open in a new window. and are monitored by the Office of the Superintendent of Financial Institutions This link will open in a new window..

SPPs in the public sector under federal jurisdiction

These plans apply to employees in the federal public service, the Canadian Forces, the Royal Canadian Mounted Police, etc. Each of the plans is subject to a specific federal law and administered by a specific organization according to the category of employees affected. For more details on the subject, contact the Government of Canada This link will open in a new window..

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