Hyperlawhypertext legal database ADMINISTRATIVE PENALTIES, O. Reg. 365/17 current to 2025-01-23

170365 ADMINISTRATIVE PENALTIES, O. Reg. 365/17 Ont.

made under Pension Benefits Act, R.S.O. 1990, c. P.8 · Current to 2025-01-23 · last amended 2025-01-01

Contents

Interpretation

s. 1 — Interpretation

(1) A provision that is listed in a Schedule to this Regulation without reference to a statute or regulation is a provision of the Act.

s. 1(2)

In this Regulation,

s. 1(2) — Asset Transfers Regulation

“Asset Transfers Regulation” means Ontario Regulation 310/13 (Asset Transfers under Sections 80 and 81 of the Act) made under the Act; (“règlement sur les transferts d’éléments d’actif”)

s. 1(2) — General Regulation

“General Regulation” means Regulation 909 of the Revised Regulations of Ontario, 1990 (General) made under the Act. (“Règlement général”)

s. 1(2) — Target Benefits Regulation

“Target Benefits Regulation” means Ontario Regulation 386/24 (Target Benefits) made under the Act; (“règlement sur les prestations cibles”)

s. 1(2) — Written Policies Regulation

“Written Policies Regulation” means Ontario Regulation 387/24 (Written Policies under Section 10 of the Act) made under the Act. (“règlement sur les politiques écrites”) ;

General Administrative Penalties Imposed under Section 108.2 of the Act

s. 2 — Prescribed provisions

The provisions of the Act or of a regulation that are listed in Schedule 1 are prescribed for the purpose of imposing a general administrative penalty under section 108.2 of the Act.

s. 3 — Determination of amount of penalty

(1) The Chief Executive Officer may determine the amount of an administrative penalty under section 108.2 of the Act, subject to the limits set out in section 108.4 of the Act. ;

s. 3(2)

The Chief Executive Officer shall consider only the following criteria when determining the amount of an administrative penalty to be imposed for either of the purposes set out in subsection 108.1 (2) of the Act:

s. 3(2)(1)

The degree to which the contravention or failure was intentional, reckless or negligent.

s. 3(2)(2)

The extent of the harm or potential harm to others resulting from the contravention or failure.

s. 3(2)(3)

The extent to which the person who is contravening or not complying with or who has contravened or failed to comply with a provision tried to mitigate any loss or to take other remedial action.

s. 3(2)(4)

The extent to which the person who is contravening or not complying with or who has contravened or failed to comply with a provision derived or reasonably might have expected to derive, directly or indirectly, any economic benefit from the contravention or failure.

s. 3(2)(5)

Any other contraventions of or failures to comply with a requirement established under the Act or with the pension benefits legislation of a designated jurisdiction during the preceding five years by the person. ;

s. 4 — Deadline for paying penalty

(1) A person on whom a penalty has been imposed by the Chief Executive Officer under subsection 108.2 (1) of the Act and who has not requested a hearing on the notice of the intended decision under subsection 108.2 (2) of the Act shall pay the penalty within 30 days after the person receives the order or such longer time as may be specified in the order. ;

s. 4(2)

If a person requests a hearing on the notice on the intended decision in accordance with subsection 108.2 (5) of the Act, the person shall, within 30 days after the matter is finally determined or such longer time as may be specified by order, pay any penalty imposed on the person.

Summary Administrative Penalties Imposed under Section 108.3 of the Act

s. 5 — Prescribed provisions

The provisions of the Act or of a regulation that are listed in Column 1 of Schedule 2 are prescribed for the purpose of imposing a summary administrative penalty under section 108.3 of the Act.

s. 6 — Daily penalty

Subject to the maximum amount specified in section 108.4 of the Act, the Chief Executive Officer may impose an administrative penalty in the amount that is set out in Column 2 of Schedule 2 opposite a provision set out in Column of 1 of the Schedule for each day on which the contravention of or failure to comply with the provision occurs or continues. ;

s. 7 — Deadline for paying penalty

(1) A person on whom an administrative penalty has been imposed by the Chief Executive Officer under subsection 108.3 (1) of the Act and who has not appealed the order under subsection 108.3 (4) of the Act shall pay the penalty within 30 days after the day the person receives the Chief Executive Officer’s order or such longer time period as may be specified in the order. ;

s. 7(2)

A person who appeals the Chief Executive Officer’s order to impose an administrative penalty under subsection 108.3 (4) shall, if the order is confirmed or varied by the Tribunal, within 30 days after the matter is finally determined or such longer time as may be specified by order, pay any penalty imposed on the person. ;

s. 8

Omitted (provides for coming into force of provisions of this Regulation).

Schedule 1

SCHEDULE 1 GENERAL ADMINISTRATIVE PENALTIES IMPOSED UNDER SECTION 108.2 OF THE ACT

Table
ItemProvision
1.subsection 12 (1)
2.subsection 19 (3)
3.section 23
4.subsection 26 (5)
5.section 61
6.section 62
7.subsection 67.3 (4)
8.subsection 68 (2)
9.subsection 68 (4)
10.subsection 68 (4.1)
11.subsection 69 (3)
12.subsection 69 (4)
13.subsection 72 (1.1)
14.subsection 75.1 (1)
15.subsection 78 (1)
16.subsection 78 (2)
17.subsection 79.1 (1)
18.subsection 79.1 (2)
18.1subsection 79.1 (3)
19.subsection 97 (2)
20.section 2 of the General Regulation
21.subsection 3 (3) of the General Regulation
22.subsection 3 (4) of the General Regulation
23.section 3.2 of the General Regulation
24.subsection 4 (4) of the General Regulation
24.1subsection 4.1 (3) of the General Regulation
24.2subsection 4.1 (7) of the General Regulation
24.3subsection 4.1 (8) of the General Regulation
24.4subsection 4.1 (11) of the General Regulation
24.5subsection 4.1 (13) of the General Regulation
24.6subparagraph 2 i of subsection 4.1 (22) of the General Regulation
24.7subparagraph 2 ii of subsection 4.1 (22) of the General Regulation
25.subsection 5.4 (1) of the General Regulation
26.subsection 5.4 (2) of the General Regulation
27.subsection 5.4 (3) of the General Regulation
28.subsection 5.4 (4) of the General Regulation
29.subsection 5.4 (5) of the General Regulation
30.subsection 5.4 (6) of the General Regulation
31., 32.Revoked : O. Reg. 532/21, s. 1.
33.subsection 6 (3) of the General Regulation
34.clause 6 (5) (b) of the General Regulation
35.clause 6 (5) (c) of the General Regulation
36.clause 6 (5) (d) of the General Regulation
37.subsection 6.0.4 (7) of the General Regulation
38.subsection 6.0.4 (9) of the General Regulation
39.subsection 6.0.4 (10) of the General Regulation
39.1subsection 6.0.6 (1) of the General Regulation
39.2subsection 6.0.6 (3) of the General Regulation
40.section 6.1 of the General Regulation
41.subsection 6.2 (1) of the General Regulation
42.subsection 6.2 (2) of the General Regulation
43.subsection 6.2 (4) of the General Regulation
44.subsection 6.2 (5) of the General Regulation
45.subsection 12 (2) of the General Regulation
46.subsection 20 (2) of the General Regulation
47.subsection 22.1 (3) of the General Regulation
48.section 24 of the General Regulation
49.subsection 28 (2.1) of the General Regulation
50.subsection 28 (2.2) of the General Regulation
51.subsection 28 (4) of the General Regulation
52.subsection 28 (4.1) of the General Regulation
53.subsection 28 (5.1) of the General Regulation
54.subsection 28.1 (3) of the General Regulation
55.subsection 28.1 (5) of the General Regulation
56.subsection 29 (3) of the General Regulation
57.subsection 29.1 (1) of the General Regulation
58.Subsection 29.1 (4) of the General Regulation
59.subsection 29.2 (2) of the General Regulation
60.subsection 29.2 (3) of the General Regulation
61.subsection 29.2 (4) of the General Regulation
62.subsection 30.2 (6) of the General Regulation
63.subsection 30.2 (7) of the General Regulation
64.subsection 30.2 (10) of the General Regulation
65.subsection 30.2 (11) of the General Regulation
66.section 38 of the General Regulation
67.subsection 39 (1) of the General Regulation
67.1paragraph 1 of subsection 39 (1.1) of the General Regulation
68.subsection 39 (2) of the General Regulation
69.subsection 40 (2) of the General Regulation
70.subsection 40.1 (2) of the General Regulation
71.subsection 40.1 (3) of the General Regulation
72.subsection 40.2 (2) of the General Regulation
73.subsection 40.2 (3) of the General Regulation
74.subsection 41 (2) of the General Regulation
75.subsection 43 (1.1) of the General Regulation
76.subsection 43(3) of the General Regulation
77.subsection 44 (1) of the General Regulation
78.subsection 44 (2) of the General Regulation
79.subsection 44 (4) of the General Regulation
80.subsection 45 (5) of the General Regulation
80.1section 46.1 of the General Regulation
81.subsection 51.1 (7) of the General Regulation
82.section 57 of the General Regulation
83.subsection 76 (16) of the General Regulation
84.subsection 79 (1) of the General Regulation
85.subsection 7 (2) of Schedule 1.1 to the General Regulation
86.subsection 7 (7) of Schedule 1.1 to the General Regulation
87.subsection 13 (2) of Schedule 1.1 to the General Regulation
88.subsection 16 (1) of Schedule 1.1 to the General Regulation
89.subsection 17 (1) of Schedule 1.1 to the General Regulation
90.subsection 5 (2) of Schedule 3 to the General Regulation
91.subsection 5 (8) of Schedule 3 to the General Regulation
92.subsection 5 (9) of Schedule 3 to the General Regulation
93.subsection 10 (2) of Schedule 3 to the General Regulation
94.subsection 13 (1) of Schedule 3 to the General Regulation
95.subsection 14 (1) of Schedule 3 to the General Regulation
96.section 25 of Ontario Regulation 287/11 (Family Law Matters)
97.section 37 of Ontario Regulation 287/11 (Family Law Matters)
98.subsection 42 (2) of Ontario Regulation 287/11 (Family Law Matters)
99.section 6 of the Asset Transfers Regulation
100.section 15 of the Asset Transfers Regulation
101.subsection 16 (2) of the Asset Transfers Regulation
102.subsection 16 (5) of the Asset Transfers Regulation
103.section 17 of the Asset Transfers Regulation
104.subsection 21 (2) of the Asset Transfers Regulation
105.section 22 of the Asset Transfers Regulation
105.1section 30 of the Asset Transfers Regulation
105.2subsection 31 (2) of the Asset Transfers Regulation
105.3subsection 31 (5) of the Asset Transfers Regulation
106.section 10 of Ontario Regulation 311/15 (Conversions and Transfers of Assets Under Section 80.4 of the Act and Conversions under Section 81.0.1 of the Act)
107.section 11 of Ontario Regulation 311/15 (Conversions and Transfers of Assets Under Section 80.4 of the Act and Conversions under Section 81.0.1 of the Act)
108.section 12 of Ontario Regulation 311/15 (Conversions and Transfers of Assets Under Section 80.4 of the Act and Conversions under Section 81.0.1 of the Act)
109.section 16 of Ontario Regulation 311/15 (Conversions and Transfers of Assets Under Section 80.4 of the Act and Conversions under Section 81.0.1 of the Act)
110.clause 5 (a) of the Target Benefits Regulation
111.subsection 10 (2) of the Target Benefits Regulation
112.clause 10 (7) (b) of the Target Benefits Regulation
113.clause 10 (7) (c) of the Target Benefits Regulation
114.subsection 7 (1) of the Written Policies Regulation
Schedule 2

SCHEDULE 2 SUMMARY ADMINISTRATIVE PENALTIES IMPOSED UNDER SECTION 108.3 OF THE ACT — PRESCRIBED DAILY PENALTY

Table
ItemColumn 1Column 2
1.subsection 3 (2) of the General Regulation$200
2.subsection 13 (1) of the General Regulation$200
3.subsection 14 (10) of the General Regulation$200
4.subsection 16.1 (1) of the General Regulation$200
5.subsection 18 (1) of the General Regulation$100
6.subsection 32 (1) of the General Regulation$200
7.subsection 32.1 (1) of the General Regulation$200
8.subsection 76 (4) of the General Regulation$200
9.subsection 77 (1) of the General Regulation$100
10.subsection 78 (4) of the General Regulation$100
11.subsection 78 (5) of the General Regulation$100
12.subsection 78 (6) of the General Regulation$100