Laws and regulations applicable to supplemental pension plans

Supplemental pension plans (SPP) are subject to the Income Tax Act , monitored by the Canada Revenue Agency .

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

• SPPs monitored by the Régie des rentes du Québec
• SPPs monitored by a supervisory agency in Canada that has a similar mandate as the Régie
• SPPs administered by the Commission administrative des régimes de retraite et d'assurances (CARRA)
• SPPs in the private sector under federal jurisdiction
• SPPs in the public sector under federal jurisdiction

SPPs monitored by the Régie des rentes du Québec

These pension plans are subject to the Supplemental Pension Plans Act and the regulations listed below. The SPPs in question mainly include plans offered by employers in the private and municipal sectors, and certain plans in the parapublic sector, whose activities fall under provincial jurisdiction.  

• Supplemental Pension Plans Act
• Act respecting the funding of certain pension plans
• Regulation respecting supplemental pension plans
• Regulation respecting the exemption of certain categories of pension plans from the application of the Supplemental Pension Plans Act
• Regulation respecting the exemption of certain pension plans from the application of provisions of the Supplemental Pension Plans Act
• Regulation respecting arbitration relating to the surplus assets of supplemental pension plans
• Regulation fixing the limits to the expenses for a transfer of benefits between spouses
• Regulation respecting measures to reduce the effects of the financial crisis on pensions plans covered by the Supplemental Pension Plans Act
• Regulation respecting the funding of pension plans of the municipal and university sectors
• Regulation to provide a framework for settlement of the benefits of members and beneficiaries of plans covered by subdivision 4.0.1 of Division II of Chapter XIII of the Supplemental Pension Plans Act and for administration by the Régie des rentes du Québec of certain pensions paid out of the assets of the plans
• Regulation respecting supplemental pension plans affected by the arrangement regarding AbitibiBowater Inc. Under the Companies' Creditors Arrangement Act
• Regulation respecting the application of the Act respecting the funding of certain pension plans
• Agreement Respecting Multi-Jurisdictional Pension Plans

SPPs supervised by a monitoring agency in Canada that has the same mandate as the Régie

Where a pension plan has workers in Québec and also in other provinces or territories, the plan may be monitored by another agency with a similar mandate as the Régie. In such a case, the agency must ensure, on behalf of the Régie, that the rights of the Québec workers are in conformity with the Supplemental Pension Plans Act.

Below is the list of the agencies that have the same mandate as the Régie with their respective laws.

Provinces or Territories	Applicable Laws	Agencies
Alberta	Employment Pension Plans Act	Finance
British Columbia	Pension Benefits Standards Act	Financial Institutions Commission
Manitoba	The Pension Benefits Act	Manitoba Labour and Immigration – Office of the Superintendent – Pension commission
New Brunswick	Pension Benefits Act	Justice and Consumer Affairs - Office of the Superintendent of Pensions
Newfoundland and Labrador	Pension Benefits Act	Government Services
Nova Scotia	The Pension Benefits Act	Labour and advanced Education
Ontario	Pension Benefits Act	Financial Services Commission
Québec	Supplemental Pension Act	Régie des rentes du Québec
Saskatchewan	The Pension Benefits Act	Financial Services Commission - Pension Plan – Administrators  / Members
Yukon, Northwest Territories and Nunavut	Pension Benefits Standards Act, 1985*	Office of the Superintendent of Financial Institutions

* This law also applies to pension plans offered by employers in the private sector whose activities fall under federal jurisdiction (banks, interprovincial transport and telecommunications companies, etc.).

SPPs administered by the CARRA

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, to 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 the CARRA .

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  and are monitored by the Office of the Superintendent of Financial Institutions .

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 .

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