NEWFOUNDLAND AND LABRADOR REGULATION 4/21

NLR 114/96
as amended

1. The Pension Benefits Act Regulations are amended by adding immediately after section 18 the following:

Documentation- financial hardship

18.1 (1) For the purposes of paragraph 44.1(1)(b) of the Act, the following documentation shall be provided to the savings institution or insurance company:

(a) an application from the person seeking to make the withdrawal; and

(b) documentation prescribed in subsection (3) relating to the applicable circumstance of financial hardship.

(2) An application referred to in subsection (1) shall

(a) state the specific circumstance of financial hardship that the person is experiencing;

(b) include the information the superintendent determines necessary;

(d) be dated not more than 90 days before the date on which the application is received by the savings institution or insurance company.

(3) For the purposes of paragraph (1)(b) the following documentation is required:

(a) for a circumstance referred to in paragraph 44.1(3)(b) of the Act,

(i) a written statement from a person listed in subsection (6) confirming that the medical expenses for which the person is seeking to make the withdrawal are required, and

(ii) copies of receipts or a written estimate of the cost of the medical expenses from the supplier of the services, treatment or equipment;

(b) for a circumstance referred to in paragraph 44.1(3)(c) of the Act,

(i) a written statement from a person listed in subsection (6) confirming that the disability related expenses for which the person is seeking to make the withdrawal are required, and

(ii) copies of receipts or a written estimate of the cost of the disability related expenses from the supplier of the services, treatment or equipment;

(i) a copy of the notice of mortgage default referred to in that paragraph, and

(ii) where the following information is not included in the notice referred to in subparagraph (i), documentation from the mortgagee confirming

(A) the address of the principal residence that is secured by the mortgage that is in default, and

(B) the amount required to rectify the default including any applicable fees;

(d) for a circumstance referred to in paragraph 44.1(3)(e) of the Act,

(i) a copy of the notice of rental arrears referred to in that paragraph, and

(ii) where the following information is not included in the notice referred to in subparagraph (i), documentation from the landlord confirming

(A) the address of the principal residence for which the rent is in arrears, and

(B) the amount of the rental arrears; and

(e) for a circumstance referred to in paragraph 44.1(3)(f) of the Act, documentation signed by the landlord

(i) verifying the amount of the first month's rent and the security deposit, and

(ii) confirming the landlord's intention to rent the residential premises to the person or the person's principal beneficiary.

(4) For the purposes of determining expected total income under paragraph 44.1(3)(a) of the Act total income means the amount determined using the sources of income set out under the heading "Total Income" in the T-1 General form issued by Revenue Canada.

(5) For the purposes of section 44.1 of the Act and this section medical expenses includes dental expenses.

(6) The following persons may provide the documentation referred to in subparagraphs (3)(a)(i) and (3)(b)(i):

(a) a chiropractor as defined in the Chiropractors Act, 2009;

(b) a practitioner as defined in the Dental Act, 2008;

(d) a dispensing optician as defined in the Dispensing Opticians Act, 2005;

(e) a member of a health profession designated under the Health Professions Act;

(f) a licenced hearing aid practitioner as defined in the Hearing Aid Practitioners Act;

(g) a medical practitioner as defined in the Medical Act, 2011;

(h) an occupational therapist as defined in the Occupational Therapists Act, 2005;

(i) a practitioner as defined in the Optometry Act, 2012;

(j) a pharmacist as defined in the Pharmacy Act, 2012;

(k) a physiotherapist as defined in the Physiotherapy Act, 2006;

(l) a registered psychologist as defined in the Psychologists Act, 2005;

(m) a registered nurse as defined in the Registered Nurses Act, 2008; and

(n) a nurse practitioner as defined in the Registered Nurses Act, 2008.

(7) The documentation referred to in paragraphs (3)(a) to (e) shall be dated not more than 12 months before the date on which the application is received by the savings institution or insurance company.

Documentation-non-resident

18.2 For the purposes of paragraph 44.2(1)(b) of the Act, a person seeking to make the withdrawal shall provide to the savings institution or insurance company a statutory declaration prepared in accordance with the Evidence Act confirming that he or she

(a) is residing outside Canada; and

(b) has resided outside Canada for at least 2 consecutive calendar years.

Commencement

2. These regulations come into force on March 1, 2021.