3. For the purposes of the definition “designated province” in subsection 2(1) of the Act, the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Saskatchewan, Alberta and Newfoundland and Labrador are prescribed as provinces in which there is in force a law substantially similar to the Act.

4. The employment described in Schedule I is excepted from included employment.

• 5. (1) The representatives of the plan members or retired members who are to be included on a pension committee referred to in section 7.1 of the Act or a pension council referred to in section 7.2 of the Act shall be chosen in accordance with this section.

• (2) A majority of the plan members or retired members shall notify an employer or a participating employer in writing of their decision to elect a representative of the members or retired members.

• (3) Subject to subsection (5), the election of a representative of the plan members shall be conducted in the following manner:

  • (a) on receipt of a notice, referred to in subsection (2), the employer shall post, in areas that are accessible to the plan members, a notice;

    • (i) advising the members of an election, and

    • (ii) establishing a period of not less than two weeks and not more than four weeks during which nominations for the position of representative of the plan members may be made by plan members;

  • (b) nominations for the position of a representative of the plan members shall be filed in writing with the employer;

  • (c) on the closing of the nomination period, the employer shall post, in areas that are accessible to the plan members, a notice specifying

    • (i) the names of the nominees,

    • (ii) a time within the next two weeks at which plan members may cast their votes, and

    • (iii) a location at the place of employment at which plan members may cast their votes;

  • (d) the election shall be conducted by the employer by secret ballot and each plan member shall be entitled to one vote for the representative to be elected;

  • (e) the representative elected shall be the nominee with the greatest number of votes;

  • (f) where two or more nominees receive an equal number of votes that is greater than the number of votes received by any other nominee, the name of each of the first-mentioned nominees shall be placed in a container and the elected representative shall be the nominee whose name is drawn by a person who is not a nominee; and

  • (g) the employer shall post, in areas that are accessible to the plan members, a notice specifying the results of the election.

• (4) Subject to subsection (5), the election of a representative of the retired members shall be conducted in the following manner:

  • (a) on receipt of a notice, referred to in subsection (2), the employer shall mail to each retired member a notice;

    • (i) advising the retired member of an election, and

    • (ii) establishing a period of not less than four weeks and not more than eight weeks in which nominations for the position of representative of the retired members may be made by the retired members;

  • (b) nominations for the position of a representative of the retired members shall be filed in writing with the employer;

  • (c) on the closing of the nomination period, the employer shall mail to each retired member a ballot containing the names of the nominees and specifying a period of not less than four weeks and not more than eight weeks in which the ballot must be returned to the employer;

  • (d) the election shall be conducted by the employer by secret ballot and each retired member shall be entitled to one vote for the representative to be elected;

  • (e) the representative elected shall be the nominee with the greatest number of votes;

  • (f) the employer shall notify the retired members by mail of the result of the election; and

  • (g) where two or more nominees receive an equal number of votes that is greater than the number of votes received by any other nominee, the name of each of the first-mentioned nominees shall be placed in a container and the elected representative shall be the nominee whose name is drawn by a person who is not a nominee.

• (5) If all the plan members or retired members are

  • (a) represented by a union or group of unions as defined in the Canada Labour Code, or

  • (b) members of a pension fund society established under the Pension Fund Societies Act or of another similar organization,

  the executive of the union, group of unions, pension fund society or other organization may name the pension committee or pension council representative.

• (6) After an election for the position of representative of the plan members or retired members has been held pursuant to subsection (3) or (4), an election for that position shall be held thereafter at intervals not exceeding three years.

• (7) If a pension council has been established pursuant to subsection 7.2(1) of the Act and the plan now has fewer than 50 members, the pension council shall be dissolved if a majority of the plan members so request.