Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
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An Act to Amend the Pension Benefits Act

Legislature :
54
Session :
5
Bill No. :
40
Member :
Hon. McFarlane
First Reading :
2003-3-13
Second Reading :
2003-3-14
Committee of the Whole :
2003-3-25
Amended :
Third Reading :
2003-3-26
Royal Assent :
2003-4-11
Download PDF :
Bill 40

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 28 of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is repealed and the following is substituted:

28(1) Subject to subsection (2), all information collected by, submitted to or filed with the Superintendent regarding a pension plan is confidential and is not subject to disclosure under the Right to Information Act.

28(2) Only the persons mentioned in subsection (3) are entitled to inspect at the offices of the Superintendent during business hours of the Superintendent the documents that comprise a pension plan and such other prescribed documents as are filed in respect of the pension plan, and are entitled to copies of the documents upon payment of the prescribed fee.

28(3) The persons entitled to make the inspection in respect of a pension plan are

(a) a member,

(b) a former member,

(c) the spouse of a member or former member,

(d) an agent authorized in writing by a member, former member or the spouse of a member or former member, or

(e) a representative of a trade union that represents members of the pension plan.

28(4) Notwithstanding subsection (1), any information that was disclosed contrary to subsection (1) before the enactment of this section shall be deemed to have been validly disclosed.

Consequential amendment
2 Paragraph 56(1)(d) of New Brunswick Regulation 91-195 under the Pension Benefits Act is amended by striking out "28(1)" and substituting "28(2)".

Commencement
3 This Act shall be deemed to have come into force on December 31, 1991.

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

28(1) The persons mentioned in subsection (2) are entitled to inspect at the offices of the Superintendent during business hours of the Superintendent the documents that comprise a pension plan and such other prescribed documents as are filed in respect of the pension plan, and are entitled to copies of the documents upon payment of the prescribed fee.

28(2) The persons entitled to make the inspection in respect of a pension plan are

(a) a member,

(b) a former member,

(c) the spouse of a member or former member,

(d) an agent authorized in writing by a member, former member or the spouse of a member or former member, or

(e) a representative of a trade union that represents members of the pension plan.

Section 2

Consequential amendment to New Brunswick Regulation 91-195 under the Pension Benefits Act.

Section 3

Commencement provision

 

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