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Responsibility for Administration

9.01 - The Trustees shall be responsible for the general administration of the Plan and for carrying out the provisions thereof and shall have all powers necessary to carry out such provisions. The Trustees may, from time to time, establish rules for the administration and interpretation of the Plan, which rules shall be applied uniformly, so as not to discriminate in favor of or against any Employee or group of Employees.

The Trustees' powers and duties shall include the following but shall not be limited thereto:

  • To construe and interpret the Plan, decide all questions of eligibility and determine the amount, manner and time of payment of any benefits hereunder;
  • To prescribe forms and procedures to be followed by Participants in filing applications for benefits;
  • To establish procedures for and supervise the establishment and maintenance of all records necessary and appropriate for the proper administration of the Plan;
  • To obtain to the extent reasonably possible, all information necessary for the proper administration of the Plan;
  • To prepare and distribute, in such manner as required by law or as the Trustees determine appropriate, information concerning the Plan;
  • To make available for examination, upon request of the Participant or Beneficiary, copies of documents, reports, or other information concerning the Plan;
  • To establish or approve the manner of making an election, designation, application or claim permitted hereunder;
  • To make a necessary interpretation of this instrument for the purpose of resolving an inconsistency or ambiguity, correcting an error, or supplying an omission which may appear herein;
  • To employ on behalf of the Plan or the Trustees, to the extent reasonably necessary for operation, administration and management of the Plan, attorneys, Actuaries, accountants, clerical employees, agents or other Persons;
  • To pay from the Trust Fund all reasonable and necessary expenses, fees and charges, including fees for attorneys, Actuaries, accountants, clerical employees, agents or other Persons, incurred in connection with the administration or operation of the Plan;
  • To prepare and file, within the time limit required, all necessary reports required by law;
  • To delegate any of its authority and allocate any of its responsibilities for the administration and operation of the Plan to any one or more Employees of a Participating Employer by written instruction to that effect;
  • To exercise all other powers and duties conferred upon the Administrator herein or pursuant hereto or necessary or appropriate hereunder, except those powers and duties allocated to another named fiduciary hereunder.

The Trustees shall have no power to add to, subtract from or modify any of the terms of the Plan, nor to change or add to any benefits provided by the Plan nor to waive or fail to apply any election or requirement of eligibility for a benefit under the Plan.

Notwithstanding the foregoing, the Trustees shall administer the Plan in compliance with the Pension Benefits Act and the Income Tax Act. Except as may be required to ensure that the Plan complies with the Pension Benefits Act and the Income Tax Act, the Trustees shall have no power to add to, subtract from or modify any of the terms of the Plan, nor to change or to add to any benefits provided by the Plan, nor to waive or fail to apply any election or requirement of eligibility for a benefit under the Plan