R-17.0.1 - Voluntary Retirement Savings Plans Act

Article 45 Versions de la disposition

2017-12-07

45. An employer within the meaning of subparagraph 7 of the first paragraph of section 1 of the Act respecting labour standards (chapter N-1.1) having an establishment in Québec may offer a voluntary retirement savings plan to employees.

However, any employer who, on 31 December of a given year, employs five eligible employees or more must, in the year that follows, subscribe to a voluntary retirement savings plan and automatically enroll those employees in the plan.

The obligations described in the second paragraph do not apply with respect to

1°  eligible employees who

a)  have the opportunity to make contributions, through payroll deductions, to a designated registered retirement savings plan or a designated tax-free savings account, within the enterprise of the employer; or

b)  belong to a category of employees who benefit from a registered pension plan within the meaning of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) to which the employer is party; and

2°  an employer that is an international governmental organization whose head office is in Québec.

For the purposes of this division, “eligible employee” means an employee who

1°  is 18 years of age or over;

2°  is an employee within the meaning of subparagraph 10 of the first paragraph of section 1 of the Act respecting labour standards and works in Québec, or is described in paragraph 1 or 2 of section 2 of that Act; and

3°  is credited with one year of uninterrupted service within the meaning of subparagraph 12 of the first paragraph of section 1 of the Act respecting labour standards.

2013, c. 26, s. 45; 2017, c. 29, s. 241.

2014-07-01

45. An employer within the meaning of subparagraph 7 of the first paragraph of section 1 of the Act respecting labour standards (chapter N-1.1) having an establishment in Québec may offer a voluntary retirement savings plan to employees.

However, any employer who, on 31 December of a given year, employs five eligible employees or more must, in the year that follows, subscribe to a voluntary retirement savings plan and automatically enroll those employees in the plan.

The obligations described in the second paragraph do not apply with respect to eligible employees who

1°  have the opportunity to make contributions, through payroll deductions, to a designated registered retirement savings plan or a designated tax-free savings account, within the enterprise of the employer; or

2°  belong to a category of employees who benefit from a registered pension plan within the meaning of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) to which the employer is party.

For the purposes of this division, “eligible employee” means an employee who

1°  is 18 years of age or over;

2°  is an employee within the meaning of subparagraph 10 of the first paragraph of section 1 of the Act respecting labour standards and works in Québec, or is described in paragraph 1 or 2 of section 2 of that Act; and

3°  is credited with one year of uninterrupted service within the meaning of subparagraph 12 of the first paragraph of section 1 of the Act respecting labour standards.

2013, c. 26, s. 45.