On September 9, 2024, the Canadian Association of Pension Supervisory Authorities (CAPSA) released two guidelines:

This post will focus on the update to the CAP Guideline; we will comment on the new Risk Management Guideline separately.

Highlights

It has been 20 years since the original version of the Guideline was released. While it has withstood the test of time, the updates to the guideline reflect the progression of CAP governance, disclosure requirements and design features over the years. Several new topics have been added throughout the Guideline, which are described below:

Setup and Regular Review of a CAP’s Governance Framework

The Guideline now includes sections highlighting the considerations for the adoption and regular review of a governance framework. CAPSA has long been an advocate for pension plan governance and this addition to the Guideline further reinforces their views. The additional considerations include:

  • outlining roles and responsibilities,
  • identifying and addressing potential conflicts of interest,
  • establishing a code of conduct,
  • establishing a risk management framework, and
  • regularly reviewing the performance of service providers and the framework itself.

Considerations for Automatic Features

The updated Guideline addresses the potential inclusion of automatic features such as enrollment, escalation of contribution rates, and the rebalancing of investments as they have become more prevalent due to the advancements in technology and administration.

Guidance for Decumulation Options

Guidance has now been provided with respect to processes and information that should be provided to members who are receiving (or those that can elect to receive) retirement benefits provided by CAPs (e.g., variable benefit payments, variable life annuities).

Risk Management and Oversight

Additional commentary has been provided in the Guideline that focuses on the management of a CAP’s risks. This includes the review of processes with respect to the handling of personal data.

Other

In addition to the above, prior sections of the Guideline received various updates, including a heightened focus on the following:

  • reviewing and disclosing fees and expenses [Note: fee and expense information should be provided in plain language and should include a description of the long-term impact that fees and expenses may have on account balances and retirement income];
  • communicating with and educating plan members;
  • reviewing a CAP’s default investment option;
  • clarifying the type of CAPs that are covered by the Guideline;
  • refining what constitutes a “Service Provider”;
  • assessing the reasonability and appropriateness of decision-making tools; and
  • expanding on the disclosures the CAP should provide to members regarding the nature of the relationship between the CAP, a service provider providing financial advice and the member.

What Does This Mean for CAPs?

The updated guidelines are effective September 9, 2024. CAPSA recognizes that some of these changes may take time to phase-in, but notes that where IT system or process changes are needed, they should be implemented by January 1, 2026.

While pension plans are not legally bound by CAPSA guidelines, they are considered “best practice”. In certain instances, the Guideline may suggest a CAP to adopt certain practices when provincial pension legislation may not require the same (e.g., adopting an investment policy for DC pension plans registered in Ontario, the absence of legislative requirements for Group RRSPs, etc.).

With the above in mind, CAP Administrators should consider when the last “plan assessment” was completed. Depending on how long it has been and the scope of the last review, it might be time to brush off the cobwebs and schedule a review of the CAP (either for select areas or a comprehensive review) to identify any areas that might need development.