Client Update: Nova Scotia Consultation on Pooled Registered Pension Plan (PRPP) Regulations
On September 9, 2015, the Nova Scotia Department of Finance and Treasury Board opened a consultation on draft Regulations for Pooled Registered Pension Plans (PRPPs). The draft Regulations and an FAQ are posted online. PRPPs are voluntary retirement savings plans in which employees and employers may choose to pool contributions and administration costs with other participants. Employers and employees decide how much they contribute to the plan. Third party administrators must be licensed in order to provide PRPPs and several insurance companies are currently licensed federally.
The Nova Scotia Legislature passed the PRPP Act in the fall of 2014 (for more information on the PRPP Act, see a summary here) but it has not yet been proclaimed in force as regulations still need to be finalized. In the PRPP Act, the Nova Scotia government largely adopted the federal Pooled Registered Pension Plans Act (Canada); similarly, the proposed Regulations largely mirror the federal Regulations. The differences between the proposed Regulations and the federal regulations include:
- Different definition of spouse (as adopted in the Nova Scotia PRPP Act).
- Different options for where the funds in a PRPP may be transferred – The options are consistent with those under the Nova Scotia Pension Benefits Act, which allows transfers to certain locked-in retirement savings arrangements including a locked-in retirement account (LIRA), life income fund (LIF) or life annuity. Conditions for life annuities are similar to those under the new Pension Benefits Regulations, including the requirement of a joint and survivor annuity if the member has a spouse. Limitations on the options are also consistent with expected amendments to the Pension Benefits Act and Regulations that would allow transfers between registered pension plans and PRPPs. Unlike the federal regulations, the proposed Nova Scotia Regulations do not allow transfer to a locked-in registered retirement savings plan (RRSP).
- In addition to meeting the requirements under the federal legislation, an administrator must register all of their PRPPs under the federal Act before they can be licensed in Nova Scotia.
More information on the federal PRPP requirements is available on the Canada Revenue Agency’s website.
Written comments on the proposed Nova Scotia Regulations may be submitted by October 9, 2015 to: PRPP@novascotia.ca or Finance Treasury Board, Pension Regulation Division, PO Box 2531, Halifax, NS, B3J 3N5.
The foregoing is intended for general information only. If you have any questions, or for a detailed list and background of our Pension and Benefits Team, please visit our website at stewmac.arrdev.ca.
Archive
Perlene Morrison Prince Edward Island’s municipal legislation is being modernized with the implementation of the Municipal Government Act (the “MGA”). The legislation has now received royal assent and will be proclaimed in force at a future date.…
Read MoreJonathan Coady and Chera-Lee Gomez It’s that time of year – the moment when we look back at the year that was and chart our course for the year ahead. For many councillors, administrators and planning professionals…
Read MorePeter McLellan, QC and Michelle Black In a recent decision, R v McCarthy’s Roofing Limited, Judge Anne Derrick provided some much-needed clarity around what it means to be a “constructor” on a job site. This is critical as…
Read MoreRick Dunlop On December 13, 2016, the Government of Canada released A Framework for the Legalization and Regulation of Cannabis in Canada: The Final Report of the Task Force on Cannabis Legalization and Regulation (“Report”). The Report’s…
Read MoreBrian Johnston, QC Canadian employers are already coping with approximately 75,000 Canadians authorized to use medical marijuana. Health Canada expects that this number will increase to about 450,000 by 2024. Employers know that medical marijuana…
Read MoreJonathan Coady With its decision in Canada Post Corporation v. City of Hamilton,1 the Ontario Court of Appeal has confirmed that the placement of community mailboxes by Canada Post is a matter beyond the reach of municipalities…
Read MoreJennifer Taylor Introduction Thanks to some dirty windows, insurance lawyers have a new go-to Supreme Court case on issues of policy interpretation: Ledcor Construction Ltd v Northbridge Indemnity Insurance Co, 2016 SCC 37. The insurers in Ledcor Construction had…
Read MoreJennifer Taylor Introduction Appeal courts in Ontario1 and Nova Scotia2 have now issued decisions about Trinity Western University’s proposed law school (“TWU”) in British Columbia, and at first glance they couldn’t be more different. The Court of Appeal for…
Read MoreJoe Thorne1 and Giles Ayers2 Limitation periods serve a critical function in the civil justice system. They promote the timely resolution of litigation on the basis of reliable evidence, and permit litigants to assess their legal exposure…
Read MoreOn July 14, 2016 the Supreme Court of Canada issued a significant decision affecting federally regulated employers across Canada. In Wilson v. Atomic Energy of Canada Limited the Court held that the purpose of the unjust dismissal…
Read More