Statements to be Provided to Spouses and Common-Law Partners

The Pension Benefits Standards Act, 1985 (PBSA) requires that, in addition to being given to each member, or former member, or employee eligible to join the plan, certain statements and explanations must also be given to that person's spouse or common-law partner. Statements and explanations that must also be given to spouses and common-law partners include the following:

• the written explanation of the provisions of the plan and of any applicable amendments to the plan that are to be provided to plan members and to employees eligible to join the plan
• the annual statements
• the statements to be provided when a member ceases membership or retires
• the statements to be provided when a plan terminates

A requirement to provide annual statements to former members, as well as to each former member's spouse or common-law partner, comes into force as of July 1, 2016.

OSFI expects plan administrators to keep up-to-date records of the spouses or common-law partners of employees eligible to join the plan, members, and former members, including up-to-date contact information, so that the PBSA disclosure requirements described above may be met.

If both recipients live at the same address, a copy addressed to both may be sent to that address by mail or may be given to the employee or member at the place of employment.

Since April 1, 2015, the PBSA has allowed information, including required written statements and explanations, to be communicated by way of an electronic document, provided that certain requirements are met. Requirements include that the addressee must have consented to receipt of the information by way of an electronic document and have designated an information system (such as an email address or website) for receipt of the document.

It is important to be aware that a member (or former member, or employee eligible to join the plan) cannot consent to electronic communications on their spouse or common law partner's behalf. A spouse or common-law partner must themself consent to receive the information by electronic means and designate an information system.

For more information on electronic communications, including with respect to additional requirements not discussed above, please refer to section 31.1 of the PBSA and sections 25 to 25.3 of the Pension Benefits Standards Regulations, 1985. You may also wish to consult OSFI's Recorded Webinar – Key Amendments to the PBSR.