Ontario Municipal Employees Retirement System Act, 2006

Bills that amended this Act0

No published amendment links yet for this Act.

Sections130

• [s0]

  Interpretation

• 1.
• [s1]
• 1Definitions

  1 (1) In this Act, “Administration Corporation” means the corporation continued by subsection 32 (1); (“Société d’administration”) “annual benefit accrual rate” has the same meaning as under the Income Tax Act (Canada); (“taux annuel d’accumulation des prestations”) “associated employer” means an employer who participates in an OMERS pension plan under subsection 6 (1); (“employeur associé”) “benefits” means pension benefits and ancillary benefits, unless the context requires otherwise; (“prestations”) “local board” means local board as defined in section 1 of the Municipal Affairs Act and includes any person or entity that, under another Act, is deemed to be a local board for the purposes of this Act; (“conseil local”) “OMERS” means the Ontario Municipal Employees Retirement System; (“OMERS”) “OMERS pension plans” means the primary pension plan, any retirement compensation arrangements …

• [s2]

  Ontario Municipal Employees Retirement System

• 2.
• 2OMERS continued

  2 The Ontario Municipal Employees Retirement System is continued and is composed of the OMERS pension plans. 2006, c. 2, s. 2.

• 3.
• 3Primary pension plan

  3 (1) The pension plan that is governed by the Ontario Municipal Employees Retirement System Act immediately before that Act is repealed is continued as the primary pension plan. 2006, c. 2, s. 3 (1). Transition: terms and conditions (2) On the day the Ontario Municipal Employees Retirement System Act is repealed, the terms and conditions of the primary pension plan are the terms and conditions that were in effect under that Act immediately before it was repealed. 2006, c. 2, s. 3 (2). Pension Funds (3) The pension funds that are governed by the Ontario Municipal Employees Retirement System Act immediately before that Act is repealed are continued. 2006, c. 2, s. 3 (3). Retirement compensation arrangements (4) Any retirement compensation arrangements that provide benefits for members, former members and retired members of the OMERS pension plans that are in effect on the day the Ontario …

• 4.
• [s5]
• 4Supplemental plans

  4 (1) The Sponsors Corporation may establish one or more supplemental plans for the purpose of providing optional benefits to members, former members and retired members of the primary pension plan who are, or were, employed in the police and fire sectors or to other members, former members and retired members of the primary pension plan. 2006, c. 2, s. 4 (1); 2012, c. 8, Sched. 42, s. 3. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 4 (1) of the Act is amended by striking out “Sponsors Corporation” and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 2) Restriction on use of primary pension plan assets (2) No assets of the primary pension plan shall be used for the purpose of paying any optional benefit under a supplemental plan or funding the payment of any other liability of a supplemental plan. 2006, c. 2, s. 4 (2). Section Ame…

• [s6]

  Employer Participation in the Pension Plans

• 5.
• 5Employers generally

  5 (1) Each of the following employers may participate in the OMERS pension plans in respect of its eligible employees: 1. A municipality. 2. A local board other than a hospital board that operates a public hospital, within the meaning of the Public Hospitals Act, on behalf of a municipality. 3. A conservation authority within the meaning of the Conservation Authorities Act. 4. A district social services administration board within the meaning of the District Social Services Administration Boards Act. 5. Repealed: 2019, c. 14, Sched. 7, s. 16. 6. An association of municipalities or local boards. 7. An association of the officials or employees of municipalities or local boards. 8. The Crown. 9. The Sponsors Corporation. Note: On a day to be named by order of the Lieutenant Governor in Council, paragraph 9 of subsection 5 (1) of the Act is repealed. (See: 2025, c. 15, Sched. 13, s. 3) 10. T…

• 6.
• 6Associated employers

  6 (1) Each of the following employers may participate in the OMERS pension plans on such conditions as may be agreed upon by the employer and the Sponsors Corporation: Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 6 (1) of the Act is amended by striking out “Sponsors Corporation” in the portion before paragraph 1 and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 4) 1. A person who, under an agreement with a municipality or local board or under an Act, provides a service, program or thing to a person that the municipality or local board is authorized to provide to the person. 2. A corporation incorporated in accordance with section 142 of the Electricity Act, 1998 for the purpose of generating, transmitting, distributing or retailing electricity. 3. A person or association of persons that, immediately before the repeal of the Ont…

• 7.
• 7Participation in other plans

  7 (1) Despite any other Act, a municipality or a local board shall not make a contribution for the provision of a pension to any of its eligible employees unless the contribution is made under the Canada Pension Plan or to an OMERS pension plan. 2006, c. 2, s. 7 (1). Approved pension plans (2) Despite subsection (1), a municipality or local board may make a contribution under another pension plan for the provision of a pension to an eligible employee if all of the following circumstances exist: 1. The pension plan was established by a municipality or local board under a general or special Act and was in effect on the applicable date described in paragraph 4. 2. The employee became employed by the municipality or local board before the applicable date described in paragraph 4. 3. The contribution is made in respect of the employee’s service before he or she becomes entitled to be a member…

• 8.
• [s10]
• 7.1

  7.1 Section Amendments with date in force (d/m/y) 2016, c. 17, s. 93 - no effect - see: 2016, c. 37, Sched. 18, s. 5 - 08/12/2016

• 8Termination of participation

  8 (1) An employer who is described in paragraphs 1 to 7 or paragraph 9 or 10 of subsection 5 (1) is not entitled to terminate its participation in an OMERS pension plan unless it has the consent of the Sponsors Corporation. 2006, c. 2, s. 8 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 8 (1) of the Act is amended by striking out “or paragraph 9 or 10” and substituting “or paragraph 10” and by striking out “Sponsors Corporation” at the end and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 5 (1)) By-law (2) An employer who is described in paragraphs 1 to 7 or paragraph 9 or 10 of subsection 5 (1) shall not pass a by-law providing for the termination of its participation in an OMERS pension plan except upon such terms as may be established by the Sponsors Corporation. 2006, c. 2, s. 8 (2). Note: On a day to be named by order o…

• 8. #11
• 9.
• [s12]

  Restrictions Affecting the Pension Plans

• 10.
• 8 #12Termination of participation
• 8. #12
• [s13]
• 11.
• 9Defined benefit plan

  9 The primary pension plan must be a defined benefit plan. 2006, c. 2, s. 9.

• 10Optional increases in pension benefits

  10 An optional pension benefit for members of the primary pension plan in respect of which the annual benefit accrual rate is greater than 2.0 per cent and less than or equal to 2.33 per cent must be implemented using a supplemental plan and not the primary pension plan. 2006, c. 2, s. 10.

• 12.
• 11Optional increases, police and fire sectors

  11 (1) Despite any other provision of this Act, the Administration Corporation shall amend the OMERS pension plans to provide optional increases in benefits for members of the primary pension plan who are employed in the police and fire sectors and establish the contribution rates for the benefits. 2006, c. 2, s. 11 (1). Same (2) The amendment required by this section shall be made within 24 months after the day this section comes into force. 2006, c. 2, s. 11 (2). Method of calculating benefits (3) A supplemental plan established under this section shall make provision for all of the following: 1. An annual benefit accrual rate that is 2.33 per cent for members under the supplemental plan. 2. The payment of pension benefits to members of the supplemental plan in which the annual amount of pension is not reduced because a member retires before the member’s normal retirement age of 65 yea…

• 13.
• 12Employer contributions

  12 (1) The total amount of the contributions payable to any of the OMERS pension plans by an employer for a year must equal the total amount of the contributions payable to the pension plan for the year by the employer’s employees. 2006, c. 2, s. 12 (1). Exception (2) Despite subsection (1), the Sponsors Corporation may amend any of the OMERS pension plans to authorize unequal amounts of contributions to be made by employers and employees for one or more years if, (a) after the amendment, the contribution rates for employers and employees for each class of benefit under the OMERS pension plans are equal; and (b) the Sponsors Corporation is of the opinion that it is fair and reasonable to make the amendment. 2006, c. 2, s. 12 (2). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 12 (2) of the Act is amended by striking out “Sponsors Corporation” wherev…

• 14.
• 13Cap on contributions by employer for increased benefits

  13 (1) If, under a supplemental plan, a municipality or local board may provide an optional pension benefit for its employees in respect of which the annual benefit accrual rate is greater than 2.0 per cent and less than or equal to 2.33 per cent (the “increased benefit”), the municipality or local board may make contributions to the plan for the increased benefit in respect of the employees’ service on or after the date on which the municipality or local board decides to provide the increased benefit, but not in respect of service before that date. 2006, c. 2, s. 13 (1). Same (2) Nothing in subsection (1) prevents an employee from making payments to an OMERS pension plan in respect of the service of the employee before the date on which the municipality or local board decides to provide the increased benefit. 2006, c. 2, s. 13 (2).

• 15.
• [s18]
• 14Contribution rate, benefits under multiple plans

  14 In determining the required contribution rate for the primary pension plan and for any retirement compensation arrangement to be paid by the members of the primary pension plan who are also members of a supplemental pension plan and by their employers, the actuary shall use best estimate assumptions to assess the likely impact of the benefits provided by the supplemental plan on the required contribution rate that would otherwise be payable. 2006, c. 2, s. 14.

• 15Reserve to stabilize contribution rates

  15 (1) The Sponsors Corporation shall not amend the primary pension plan in a manner which reduces contributions or increases going concern liabilities unless, after the amendment, the ratio of the market value of the assets of the pension fund to the going concern liabilities is not less than 1.05 and the ratio of the solvency assets to the solvency liabilities is not less than 1.00. 2006, c. 2, s. 15 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 15 (1) of the Act is amended by striking out “Sponsors Corporation” and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 7) Exception (2) Subsection (1) does not apply with respect to an amendment that is required to comply with a federal or provincial law or an amendment that does not increase going concern liabilities by more than 1 per cent. 2006, c. 2, s. 15 (2). Section Amendmen…

• 16.
• [s20]

  Governance and Administration of the Pension Plans

• 17.
• [s21]
• 16Pension plan governance

  16 (1) The Sponsors Corporation shall determine the terms and conditions of the OMERS pension plans, subject to the restrictions set out in this Act. 2006, c. 2, s. 16 (1). Information (2) The Administration Corporation shall give the Sponsors Corporation such information as the Sponsors Corporation may reasonably request for the purpose of carrying out its objects under this Act. 2006, c. 2, s. 16 (2). Note: On a day to be named by order of the Lieutenant Governor in Council, section 16 of the Act is amended by striking out “Sponsors Corporation” wherever it appears and in each case substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 8) Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 13, s. 8 - not in force

• 18.
• 17Pension plan administration

  17 (1) The Administration Corporation shall act as administrator of the OMERS pension plans and trustee of the pension funds. 2006, c. 2, s. 17 (1). Actuarial assumptions (2) The actuarial methods and assumptions to be used for the purposes of administering the pension plans and pension funds are to be determined by the Administration Corporation, based upon recommendations from the actuary. 2006, c. 2, s. 17 (2).

• 19.
• 18Pension plan amendments

  18 The Sponsors Corporation may amend the OMERS pension plans, including the contribution rates for employees, subject to the restrictions set out in this Act. 2006, c. 2, s. 18. Note: On a day to be named by order of the Lieutenant Governor in Council, section 18 of the Act is amended by striking out “Sponsors Corporation” and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 9) Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 13, s. 9 - not in force

• 20.
• 19Actuary

  19 (1) The Administration Corporation shall appoint a Fellow of the Canadian Institute of Actuaries to act as the actuary for the OMERS pension plans. 2006, c. 2, s. 19 (1). Reports and recommendations (2) The actuary shall give the Administration Corporation such information and reports as the Administration Corporation may request, and shall make such recommendations to the Administration Corporation as the actuary considers advisable for the proper administration of the pension plans. 2006, c. 2, s. 19 (2).

• 21.
• [s25]
• 20Auditor

  20 The Administration Corporation shall appoint one or more persons licensed under the Public Accounting Act, 2004 to audit the accounts and transactions of the OMERS pension plans each year and to express an opinion on the financial statements for the pension plans based on the audit. 2006, c. 2, s. 20.

• 21Annual report

  21 (1) Every year, the Administration Corporation shall prepare a report on the affairs of the OMERS pension plans during the preceding year and the report must contain a copy of the financial statements as certified by the auditor. 2006, c. 2, s. 21 (1). Same (2) The Administration Corporation shall give a copy of the annual report to every employer participating in the pension plans and to any member, former member or retired member of the plans who requests it. 2006, c. 2, s. 21 (2); 2012, c. 8, Sched. 42, s. 4. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 42, s. 4 - 01/07/2012

• 22.
• [s27]

  Sponsors Corporation

• 23.
• [s28]
• 21.1Winding up the Sponsors Corporation

  21.1 (1) The Minister of Municipal Affairs and Housing may, by order, require the Sponsors Corporation to wind up the affairs of the Sponsors Corporation and may, by order, specify terms relating to the winding up of the corporation, including the time within which it shall be completed. 2025, c. 15, Sched. 13, s. 10 (1). Duty of Sponsors Corporation (2) The Sponsors Corporation shall prepare and, by resolution, adopt a plan for winding up the Sponsors Corporation. 2025, c. 15, Sched. 13, s. 10 (1). Plan (3) The plan for winding up the Sponsors Corporation may provide for, (a) liquidating assets; (b) transferring assets, liabilities, rights, obligations and employees, including specifying to whom they are transferred; and (c) any other matter relating to the winding up of the Sponsors Corporation. 2025, c. 15, Sched. 13, s. 10 (1). Requirement to give adopted plan to Minister (4) The Spo…

• 24.
• 22Sponsors Corporation established

  22 (1) A corporation to be known in English as the OMERS Sponsors Corporation and in French as Société de promotion d’OMERS is established as a corporation without share capital and is composed of its members. 2006, c. 2, s. 22 (1). Status (2) The Sponsors Corporation is not a Crown agency and it is not a local board as defined in subsection 1 (1) of the Municipal Act, 2001. 2006, c. 2, s. 22 (2). Corporate matters (3) Section 132 (conflict of interest), subsection 134 (1) (standard of care) and section 136 (indemnification) of the Business Corporations Act apply, with necessary modifications, to the Sponsors Corporation and its members. 2006, c. 2, s. 22 (3). Same (4) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Sponsors Corporation. 2017, c. 20, Sched. 8, s. 114 (1). Note: On a day to be named by order of the Lieutenant Governor in …

• 25.
• 22 #30Sponsors Council

  22 (1) A council to be known in English as the Sponsors Council and in French as Conseil de promotion is established. 2025, c. 15, Sched. 13, s. 11. Status (2) The Sponsors Council is not, (a) a Crown agency; or (b) a local board as defined in subsection 1 (1) of the Municipal Act, 2001, except for such purposes as may be prescribed. 2025, c. 15, Sched. 13, s. 11. Regulations re establishment of Sponsors Council (3) The establishment of the Sponsors Council under subsection (1) shall be carried out in accordance with such requirements or transitional rules as may be provided for in the regulations. 2025, c. 15, Sched. 13, s. 11. Continued effect of things done by Sponsors Corporation (4) Any thing done by the Sponsors Corporation in the exercise of its powers under this Act before it was dissolved under subsection 22.1 (9) and that was in effect on the day before the day section 11 of Sc…

• 26.
• 23Composition

  23 (1) The composition of the Sponsors Corporation and the method of choosing its members is as specified by by-law. 2006, c. 2, s. 23 (1). (2) Repealed: 2006, c. 2, s. 55. Eligibility (3) A person who is a member of the Administration Corporation is not eligible to hold office as a member of the Sponsors Corporation or to be appointed to any committee established for the purpose of advising the Sponsors Corporation. 2006, c. 2, s. 23 (3). Term of office (4) The term of office of each member of the Sponsors Corporation is as determined by by-law. 2006, c. 2, s. 23 (4). Remuneration and expenses (5) Members of the Sponsors Corporation are to be paid such remuneration and expenses as may be authorized by by-law. 2006, c. 2, s. 23 (5). Regulations (6) The Minister of Municipal Affairs and Housing may make regulations governing the composition of the Sponsors Corporation, including prescribi…

• 27.
• 23 #32Objects

  23 (1) The following are the objects of the Sponsors Council: 1. To make decisions about the design of benefits to be provided by, and contributions to be made to, the OMERS pension plans. 2. To perform such other duties as may be provided under this Act. 3. Such other objects as may be prescribed. 2025, c. 15, Sched. 13, s. 13. Same (2) For furthering its objects, the Sponsors Council may, (a) make decisions about the design of the OMERS pension plans and make amendments to the OMERS pension plans; (b) set contribution rates under the pension plans; (c) decide whether to file a valuation more frequently than is required under the Pension Benefits Act; (d) receive reports from the Administration Corporation; and (e) do such other things as may be prescribed. 2025, c. 15, Sched. 13, s. 13. Section Amendments with date in force (d/m/y) 2006, c. 2, s. 55 - 31/12/2009 2025, c. 15, Sched. 13,…

• 28.
• 24Objects

  24 The following are objects of the Sponsors Corporation: 1. To make decisions about the design of benefits to be provided by, and contributions to be made to, the OMERS pension plans. 2. To perform such other duties as may be provided under this Act. 2006, c. 2, s. 24. Note: On a day to be named by order of the Lieutenant Governor in Council, section 24 of the Act is repealed and the following substituted: (See: 2025, c. 15, Sched. 13, s. 13)

• 29.
• 24 #34Members to act honestly and in good faith

  24 Every member of the Sponsors Council, in exercising their powers and discharging their duties, shall, (a) act honestly and in good faith with a view to balancing the best interests of the plan members and participating employers; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. 2025, c. 15, Sched. 13, s. 13. Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 13, s. 13 - not in force

• 30.
• 25Powers

  25 (1) The Sponsors Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, subject to the restrictions set out in this Act. 2006, c. 2, s. 25 (1). Same (2) For furthering its objects and without limiting the generality of subsection (1), the Sponsors Corporation may, (a) make decisions about the design of the OMERS pension plans and make amendments to the OMERS pension plans; (b) set contribution rates under the pension plans; (c) decide whether to file a valuation more frequently than is required under the Pension Benefits Act; (d) receive reports from the Administration Corporation. 2006, c. 2, s. 25 (2). By-laws (3) The Sponsors Corporation may pass by-laws and resolutions regulating its proceedings and for the conduct and management of its affairs. 2006, c. 2, s. 25 (3). Note: On a day to be named by order of the Lieutenant Gover…

• 31.
• [s36]
• 25 #36Initial composition

  25 (1) The composition of the Sponsors Council on the day section 11 of Schedule 13 to the Plan to Protect Ontario Act (Budget Measures), 2025 (No. 2) comes into force is comprised of the following: 1. 14 persons who are appointed, in accordance with such rules as may be prescribed, as voting members by the prescribed organizations. 2. Five persons who are appointed, in accordance with such rules as may be prescribed, as non-voting members by the prescribed organizations. 2025, c. 15, Sched. 13, s. 13. Same (2) An organization prescribed for the purposes of subsection (1) shall not appoint, (a) a person who is or has been a member of the Administration Corporation or of a committee established for the purpose of advising the Administration Corporation; or (b) a person who has been a member of the Sponsors Corporation or of a committee established for the purpose of advising the Sponsors …

• 25.1By-laws

  25.1 (1) The Sponsors Council may pass by-laws and resolutions regulating, (a) its proceedings and generally for the conduct and management of its affairs; and (b) its composition and the method of choosing its members. 2025, c. 15, Sched. 13, s. 13. Same (2) Without limiting the generality of subsection (1), the Sponsors Council may make by-laws respecting, (a) the election or appointment of voting and non-voting members, eligibility and competency requirements of members, their term of office and the number of members to be elected or appointed; (b) the weight of the votes by voting members; (c) the election or appointment of one or more chairs and their terms of office; (d) quorum; (e) the remuneration and expenses to be paid to the members; (f) the calling and holding of meetings of the Sponsors Council, and the procedures by which such meetings shall be conducted and the giving of n…

• 32.
• [s38]
• 25.2Initial by-laws

  25.2 (1) The Administration Corporation shall prepare the Sponsors Council’s initial by-laws, which shall be for the purposes of governing the proceedings and generally for the conduct and management of the Sponsor Council’s affairs and the composition and method of choosing its members. 2025, c. 15, Sched. 13, s. 14. Compliance with regulations (2) The initial by-laws must comply with such requirements as may be prescribed. 2025, c. 15, Sched. 13, s. 14. Requirement to give initial by-laws to Minister (3) The Administration Corporation shall, if the Minister of Municipal Affairs and Housing so requests, give the initial by-laws to the Minister in the manner, form and timelines specified by the Minister. 2025, c. 15, Sched. 13, s. 14. Minister approval (4) If the Administration Corporation is required to give the Minister the initial by-laws, the Minister may approve the by-laws, approve…

• 33.
• [s39]
• 26Procedural and other requirements for decisions

  26 (1) A decision of the Sponsors Corporation requires an affirmative vote of a majority of its members. 2006, c. 2, s. 26 (1). Specified change (2) In subsections (3) and (6), “specified change” means, (a) a change in benefits for members of any of the OMERS pension plans, (b) a change in the contribution rate for members or participating employers, or (c) the establishment of, or a change to, a reserve to stabilize contribution rates. 2006, c. 2, s. 26 (2). Decision about a specified change (3) Despite subsection (1), a decision respecting a specified change is not valid unless it is made in one of the following ways: 1. At a meeting called for the purpose of considering the matter, the Sponsors Corporation decides to make the specified change and passes a by-law providing for the specified change by an affirmative vote of two-thirds of its members. 2. At a meeting called for the purpo…

• 34.
• 27Recovery of costs

  27 The Sponsors Corporation may require the Administration Corporation to reimburse it from any pension or other fund for any of its costs that in the opinion of the Administration Corporation may lawfully be paid out of the fund. 2006, c. 2, s. 27. Note: On a day to be named by order of the Lieutenant Governor in Council, section 27 of the Act is amended by striking out “Sponsors Corporation” and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 16) Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 13, s. 16 - not in force

• 35.
• [s41]
• 28Fees to fund other activities

  28 (1) The Sponsors Corporation may, by by-law, require the employers who participate in an OMERS pension plan and the members of an OMERS pension plan to pay a fee for the purpose of funding any of the Sponsors Corporation’s costs that may not lawfully be paid out of a pension fund. 2006, c. 2, s. 28 (1). Same (2) The types of costs that the Sponsors Corporation may require funding for include, but are not limited to, (a) its expenses incurred in connection with the use of supplementary decision-making mechanisms referred to in section 26, including actuarial or consulting fees necessary for those purposes; and (b) the expenses incurred for collecting or administering the fees required under subsection (1). 2006, c. 2, s. 28 (2). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 28 (2) of the Act is amended by striking out “and” at the end of clause (…

• 29Repealed

  29 Repealed: 2009, c. 18, Sched. 22, s. 1. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 22, s. 1 - 05/06/2009

• 36.
• [s43]
• 30Annual audit

  30 The Sponsors Corporation shall appoint one or more persons licensed under the Public Accounting Act, 2004 to audit its accounts and transactions each year and to express an opinion on its financial statements based on the audit. 2006, c. 2, s. 30. Note: On a day to be named by order of the Lieutenant Governor in Council, section 30 of the Act is amended by striking out “Sponsors Corporation” and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 18) Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 13, s. 18 - not in force

• 36.-43.
• 37.
• 31Annual report

  31 (1) Every year, the Sponsors Corporation shall prepare a report on its affairs during the preceding year and the report must contain a copy of its financial statements as certified by the auditor. 2006, c. 2, s. 31 (1). Same (2) The Sponsors Corporation shall give a copy of the annual report to every employer participating in the OMERS pension plans and to any member, former member or retired member of the plans who requests it. 2006, c. 2, s. 31 (2); 2012, c. 8, Sched. 42, s. 5. Note: On a day to be named by order of the Lieutenant Governor in Council, section 31 of the Act is amended by striking out “Sponsors Corporation” wherever it appears and substituting in each case “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 19) Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 42, s. 5 - 01/07/2012 2025, c. 15, Sched. 13, s. 19 - not in force

• 38.
• [s45]

  Administration Corporation

• 39.
• 32Administration Corporation continued

  32 (1) The Ontario Municipal Employees Retirement Board is continued as a corporation without share capital under the name OMERS Administration Corporation and in French as Société d’administration d’OMERS and is composed of its members. 2006, c. 2, s. 32 (1). Status (2) The Administration Corporation is not a Crown agency and it is not a local board as defined in subsection 1 (1) of the Municipal Act, 2001. 2006, c. 2, s. 32 (2). Corporate matters (3) Section 132 (conflict of interest), subsection 134 (1) (standard of care) and section 136 (indemnification) of the Business Corporations Act apply, with necessary modifications, to the Administration Corporation and its members. 2006, c. 2, s. 32 (3). Same (4) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Administration Corporation. 2017, c. 20, Sched. 8, s. 114 (2). Section Amendments w…

• 36-43
• 40.
• 33Composition

  33 (1) The composition of the Administration Corporation and the method of choosing its members is as specified by by-law of the Sponsors Corporation. 2006, c. 2, s. 33 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsections 33 (1) of the Act is amended by striking out “Sponsors Corporation” and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 20 (1)) Same (2) Despite subsection 26 (1), a decision of the Sponsors Corporation to pass a by-law under subsection (1) requires an affirmative vote of two-thirds of its members. 2006, c. 2, s. 33 (2). Note: On a day to be named by order of the Lieutenant Governor in Council, subsections 33 (2) of the Act is amended by striking out “Sponsors Corporation” and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 20 (1)) (3) Repealed: 2006, c. 2, s. 55. Note: On a day to be named by or…

• 41.
• 33.1Appointment of Chair

  33.1 (1) Despite subsection 33 (1), the Minister of Municipal Affairs and Housing may, by order, appoint a person as Chair of the Administration Corporation for a term commencing on April 15, 2026 or such other date as may be prescribed. 2025, c. 15, Sched. 13, s. 21 (1). Term (2) The term of the appointment set out in the order under subsection (1) shall not exceed three years. 2025, c. 15, Sched. 13, s. 21 (1). Copy of order to be provided (3) If the Minister makes an order under subsection (1), the Minister shall, as soon as possible after the order is made, provide a copy of the order to the Sponsors Corporation and the Administration Corporation. 2025, c. 15, Sched. 13, s. 21 (1). Order to be made available to plan members (4) The Administration Corporation shall, as soon as possible after receiving the copy of the order, make the order available to the plan members. 2025, c. 15, Sc…

• 42.
• 34Objects

  34 The following are the objects of the Administration Corporation: 1. To act as administrator of the OMERS pension plans and as trustee of the pension funds. 2. To advise and assist the Sponsors Corporation. Note: On a day to be named by order of the Lieutenant Governor in Council, paragraph 2 of section 34 of the Act is repealed and the following substituted: (See: 2025, c. 15, Sched. 13, s. 22) 2. To advise and assist the Sponsors Council to exercise its powers and perform such duties as may be required under this Act. 3. To exercise such other powers and perform such other duties as may be provided under sections 35.1 and 35.2. 2006, c. 2, s. 34; 2009, c. 18, Sched. 22, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 22, s. 2 - 05/06/2009 2025, c. 15, Sched. 13, s. 22 - not in force

• 43.
• 35Powers

  35 (1) The Administration Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, subject to the restrictions set out in this Act. 2006, c. 2, s. 35 (1). Same (2) For furthering its objects and without limiting the generality of subsection (1), the Administration Corporation may, (a) administer the OMERS pension plans, including paying pensions, making payments under retirement compensation arrangements, establishing investment policies and managing and allocating the assets of the pension plans and the assets of the Administration Corporation; (b) provide for the actuarial valuation of the OMERS pension plans, including determining the actuarial methods and assumptions and the funding policy for the plans; (c) provide reasonable technical support to the Sponsors Corporation, including, without limitation, providing actuarial advice a…

• 44.
• 35.1Authorized subsidiaries of the Administration Corporation

  35.1 (1) The Administration Corporation may incorporate or cause to be incorporated and may make and maintain an investment in one or more corporations that, after the investment is made, are authorized subsidiaries of the Administration Corporation. 2009, c. 18, Sched. 22, s. 3. Other subsidiaries (2) Subsection (1) does not limit the authority of the Administration Corporation under subsection 35 (1) to otherwise establish and invest in subsidiaries. 2009, c. 18, Sched. 22, s. 3. Authorized subsidiary (3) For the purposes of this section, a corporation is an authorized subsidiary of the Administration Corporation if, (a) the corporation carries on business with a view to profit; (b) the business of the corporation is limited to providing one or more eligible services to one or more persons and entities described in subsection (6); and (c) the Administration Corporation has beneficial o…

• 45.-54.
• 55.
• 35.2Interpretation

  35.2 (1) Expressions used in this section have the same meaning as in section 35.1. 2009, c. 18, Sched. 22, s. 3. Agreements (2) If authorized by the Sponsors Corporation, the Administration Corporation may enter into agreements under which authorized subsidiaries of the Administration Corporation provide eligible services to clients. 2009, c. 18, Sched. 22, s. 3. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 35.2 (2) of the Act is amended by striking out “Sponsors Corporation” and substituting “Sponsors Council”. (See: 2025, c. 15, Sched. 13, s. 25) Transitional matters (3) The Administration Corporation itself may continue to provide eligible services to clients under agreements that were authorized by Orders in Council 808/80, 2211/95 and 368/2003, as those agreements read on the day this section comes into force and, for that purpose, the Admin…

• 56.
• 36Limitations on remedies

  36 (1) No cause of action arises against the Crown or any current or former member of the Executive Council or employee, officer or agent of or advisor to the Crown as a direct or indirect result of, (a) the enactment of Schedule 13 to the Plan to Protect Ontario Act (Budget Measures), 2025 (No. 2); (b) the making, amendment or revocation of any provision of a regulation made under section 40 or of an order made under section 21.1 or 33.1; (c) anything done or not done in accordance with a provision of this Act enacted by Schedule 13 to the Plan to Protect Ontario Act (Budget Measures), 2025 (No. 2); or (d) any modification, revocation, cessation or termination of rights in real property, contractual rights, or other rights resulting from anything referred to in clauses (a) to (c). 2025, c. 15, Sched. 13, s. 26. No remedy (2) Except as otherwise provided under this Act, no costs, compens…

• 57.
• 37No personal liability

  37 (1) No cause of action arises against any current or former member of the Executive Council, officer, employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2025, c. 15, Sched. 13, s. 26. Crown remains vicariously liable (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in that subsection. 2025, c. 15, Sched. 13, s. 26. No liability for acts or omissions of others (3) No cause of action arises against the Crown or any perso…

• 38No personal liability, Sponsors Corporation

  38 (1) No cause of action arises against any current or former member or employees of the Sponsors Corporation for any act done in good faith in the exercise or the performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2025, c. 15, Sched. 13, s. 26. Proceedings by Crown not prevented (2) This section does not apply with respect to proceedings brought by the Crown. 2025, c. 15, Sched. 13, s. 26. Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 13, s. 26 - 27/11/2025

• 39Proceedings barred

  39 (1) No proceeding shall be commenced, (a) against any person specified in subsection 37 (1) in respect of a matter referred to in that subsection; (b) against the Crown or any person specified in subsection 37 (1) in respect of a matter referred to in subsection 37 (3); or (c) against any person specified in subsection 38 (1) in respect of a matter referred to in that subsection. 2025, c. 15, Sched. 13, s. 26. Same (2) Subsection (1) does not apply with respect to an application for judicial review or a claim for constitutional remedy, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, orde…

• 40Regulations

  40 The Minister of Municipal Affairs and Housing may make regulations, (a) prescribing anything that is referred to in this Act as prescribed or as otherwise dealt with in the regulations; (b) providing for such rules that are, in the opinion of the Minister, necessary or desirable respecting the winding up of the Sponsors Corporation, including with respect to the transfer of its assets, liabilities, rights, obligations and employees; (c) providing for and governing requirements or transitional matters that are, in the opinion of the Minister, necessary or advisable respecting the establishment of the Sponsors Council under subsection 22 (1), including, without limiting the foregoing, providing for any property that belonged to the Sponsors Corporation before its dissolution under subsection 21.1 (9) to become the property of the Sponsors Council, and requiring the Administration Corpor…

• 41-43

  41-43 Repealed: 2006, c. 2, s. 55. Section Amendments with date in force (d/m/y) 2006, c. 2, s. 55 - 31/12/2009

• 44Repealed

  44 Repealed: 2006, c. 2, s. 44 (2). Section Amendments with date in force (d/m/y) 2006, c. 2, s. 44 (2) - 30/06/2009

• 45-54

  45-54 Omitted (amends or repeals other Acts). 2006, c. 2, ss. 45-54.

• 55

  55 Omitted (provides for repeal of provisions of this Act). 2006, c. 2, s. 55.

• 56

  56 Omitted (provides for coming into force of provisions of this Act). 2006, c. 2, s. 56.

• 57

  57 Omitted (enacts short title of this Act). 2006, c. 2, s. 57. ______________