An Act to establish the Public Sector Pension Investment Board, to amend the Public Service Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act, the Defence Services Pension Continuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Members of Parliament Retiring Allowances Act and the Canada Post Corporation Act and to make a consequential amendment to another Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note: Short title
1 This Act may be cited as the Public Sector Pension Investment Board Act .
Marginal note: Definitions
2 The definitions in this section apply in this Act.
means the Public Sector Pension Investment Board established by section 3. ( Office )
means a by-law of the Board. ( Version anglaise seulement )
means a body corporate, a trust, a partnership, an unincorporated association or organization, Her Majesty in right of Canada or of a province or an agency of Her Majesty in right of Canada or of a province and the government of a foreign country or any political subdivision or agency of the government of a foreign country. ( entité )
means the President of the Treasury Board. ( ministre )
means prescribed by regulation. ( Version anglaise seulement )
means a corporation that is wholly owned by the Board directly or indirectly through any number of subsidiaries each of which is wholly owned directly or indirectly by the Board. ( filiale )
Marginal note: Board established
Marginal note: Capital
Marginal note: Objects
Marginal note: Powers of Board
Marginal note: Investment management services
Marginal note: Duty of Board
Marginal note: Board of directors
Marginal note: Principal duties
Marginal note: Power to delegate
Marginal note: Appointment of directors
Marginal note: Nominating committee
Marginal note: Reappointment of directors
Marginal note: Remuneration of directors
12 A director is entitled to receive from the Board the remuneration that may be fixed by the by-laws, which remuneration shall be fixed having regard to the remuneration received by persons having similar responsibilities and engaged in similar activities.
Marginal note: Resignation
Marginal note: Chairperson
Marginal note: Appointment of officers
Marginal note: Obligation
Marginal note: Duty to comply
Marginal note: Directors’ and officers’ insurance
Marginal note: Decisions
19 Apart from the meeting required by section 49, the board of directors, or any committee of the board of directors, need not have any meetings unless required to do so by the by-laws. It shall make decisions by majority vote of a quorum of members, either in person or otherwise, in accordance with the by-laws.
Marginal note: Disclosure of director’s interest
Marginal note: No constructive notice
21 No person dealing with the Board or with any person who has acquired rights from the Board is deemed to have notice or knowledge of the contents of a document, other than an Act of Parliament or any instrument required to be published in the Canada Gazette pursuant to the Statutory Instruments Act , concerning the Board by reason only that the document is available at the head office of the Board or has been made public.
Marginal note: Validity of acts
22 An act of the Chairperson or other director of the Board, or of the chief executive officer or other officer of the Board, is not invalid by reason only of an irregularity in that person’s appointment or a defect in that person’s qualifications.
Marginal note: Assertions
23 The Board may not assert against a person dealing with the Board — or with a person who has acquired rights from the Board — other than one who has knowledge that the facts asserted are true
Marginal note: By-laws
Marginal note: Copy to ministers
Marginal note: Statutory Instruments Act does not apply
26 The Statutory Instruments Act does not apply in respect of by-laws.
Marginal note: Audit and investment committees
Marginal note: Duties of audit committee
28 The audit committee shall
Marginal note: Audit committee may request consideration of matters
29 The board of directors shall consider, on request of the audit committee, a matter of concern to the committee.
Marginal note: Auditor’s right to attend meetings
Marginal note: Duties of investment committee
31 The investment committee shall
Marginal note: Investment policies, standards and procedures
32 Subject to the regulations, the board of directors shall establish, and the Board and its subsidiaries shall adhere to, investment policies, standards and procedures that a person of ordinary prudence would exercise in dealing with the property of others.
Marginal note: Non-application — investment management services
32.1 The investment policies, standards and procedures established under section 32 do not apply in respect of a subsidiary incorporated for the purpose of providing investment management services to the Canada Growth Fund Inc.
Marginal note: Duty of investment managers
33 Every investment manager who invests the assets of the Board shall do so in accordance with this Act and the Board’s investment policies, standards and procedures.
Marginal note: Financial year
34 The financial year of the Board is the period beginning on April 1 in one calendar year and ending on March 31 in the next calendar year.
Marginal note: Books and systems
36 [Repealed, 2005, c. 30, s. 48]
37 [Repealed, 2005, c. 30, s. 48]
38 [Repealed, 2005, c. 30, s. 48]
39 [Repealed, 2005, c. 30, s. 48]
40 [Repealed, 2005, c. 30, s. 48]
41 [Repealed, 2005, c. 30, s. 48]
42 [Repealed, 2005, c. 30, s. 48]
43 [Repealed, 2005, c. 30, s. 48]
44 [Repealed, 2005, c. 30, s. 48]
45 [Repealed, 2005, c. 30, s. 48]
46 [Repealed, 2005, c. 30, s. 48]
Marginal note: Statements to go to ministers
47 The Board shall send copies of the quarterly financial statements prepared in accordance with subsection 35(6) to the Minister, the Minister of National Defence and the Minister of Public Safety and Emergency Preparedness within 45 days after the end of the three-month period to which they relate.
Marginal note: Annual report required
Marginal note: Meetings
49 The Board shall meet once a year with the members of the three advisory committees established respectively under section 49.1 of the Canadian Forces Superannuation Act , section 41 of the Public Service Superannuation Act and section 25.1 of the Royal Canadian Mounted Police Superannuation Act in order to discuss the Board’s most recent annual report.
Marginal note: Regulations
50 The Governor in Council may make regulations
Marginal note: Non-application of regulations — investment management services
50.1 Regulations made under section 50 do not apply in respect of a subsidiary incorporated for the purpose of providing investment management services to the Canada Growth Fund Inc.
Marginal note: False statements
Marginal note: Insolvency and winding-up
52 No Act relating to the insolvency or winding-up of any corporation applies to the Board and in no case shall the affairs of the Board be wound up unless Parliament so provides.
53 to 114 [Amendments]
115 to 117 [Amendments]
119 [Amendment]
121 to 127 [Amendments]
128 to 132 [Repealed, 2003, c. 26, s. 40]
133 to 168 [Amendments]
169 to 171 [Amendments]
173 to 206 [Amendments]
207 to 227 [Amendments]
228 [Amendment]
Marginal note: Transitional — application of certain provisions
Marginal note: Coming into force
Return to footnote * [Note: The definition in subsection 3(1) of the Public Service Superannuation Act , as enacted by subsection 53(2), sections 55 to 60, subsections 62(1) and (3), section 63, subsection 64(4), sections 67, 69, 73, 74, 78, 79, 85 and 86, subsections 91(1), (2) and (6) and 92(1), sections 107 to 110, subsection 115(1), section 117, subsection 118(1), section 119, subsections 120(1) and (2), sections 127 and 134, subsection 142(2), section 143, subsections 146(1), 147(1) and 162(1), sections 163 and 164, the definition in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act , as enacted by subsection 169(1), section 171, subsection 172(1), section 173, subsection 174(1), sections 177, 182 and 190, subsections 193(1) and 194(1), section 195, subsection 201(1) and sections 202 and 203 in force January 1, 2000, subsection 95(1), section 96, subsection 151(1), section 152, subsection 198(1) and section 199 in force April 1, 2000, sections 114 and 227 in force October 1, 2000, section 125 and subsection 176(3) in force January 1, 2001, see SI/99-138; sections 178 and 179 in force September 1, 2003, see SI/2003-145; clauses 6(b)(ii)(M) and (N) of the Royal Canadian Mounted Police Superannuation Act , as enacted by subsection 172(4) and subsection 174(2) in force October 26, 2006, see SI/2006-116; section 154 in force March 1, 2007, see SI/2007-21; subsection 172(2), clauses 6(b)(ii)(L), (O) and (P) of the Royal Canadian Mounted Police Superannuation Act , as enacted by subsection 172(4) and section 191 in force June 18, 2009, see 2009, c. 13, s. 17.]
Marginal note: Authority to substitute actual date
231 On or after the day on which a provision of this Act, or a provision of an Act enacted by this Act, comes into force, the Governor in Council may, by order, amend that provision or any other provision that makes reference to that provision, by replacing references to the day on which that provision comes into force with references to the actual date on which that provision came into force.