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Pension Benefits Act

Pensions Newsletter – October 2017

Welcome to the 19th issue of the Blakes Pensions Newsletter. This newsletter provides a summary of recent jurisprudential developments that affect pensions and benefits and is not intended to be legal advice....more

Who is a “parent” in the Ontario pension world? And why does it matter?

by Dentons on

Any person who is the “spouse” of a member of a registered pension plan in Canada has rights regarding the pension entitlement of his or her partner. That important policy has been entrenched in pension legislation for...more

Alert: What’s Mine is Legally Yours – New Definition of “Spouse” in the Pension Benefits Act

Without any pomp and circumstance, the definition of “spouse” under the Pension Benefits Act (Ontario) (PBA) was amended effective January 1, 2017. Under the revised definition, a spouse continues to include someone who is...more

Witness the Creation of Ontario’s Modern Pension Regulator

by Dentons on

To remain relevant and effective, industry regulators need to stay current. They must be attentive to economic realities, adapt to new technology and evolve with the industries they regulate. Ontario’s pension regulator is...more

Environmental, Social and Governance Factors: Should Pension Plan Administrators Look to Rating Agencies for Links Between ESG and...

by Dentons on

In my August 17, 2016 post, I summarized Ontario’s recent changes to the Pension Benefits Act and Regulation that require a pension plan’s statement of investment policies and procedures (“SIPP”) to include information as to...more

Environmental, Social and Governance Factors: Does Failure to Consider ESG Issues Constitute a Breach of Fiduciary Duty?

by Dentons on

Changes made to the Ontario Pension Benefits Act and Regulation (the “Ontario PBA”), which came into force on January 1, 2016, now require a pension plan’s statement of investment policies and procedures (“SIPP”) to include...more

Under Review: Solvency Funding Reform for Ontario Sponsors of Single Employer Pension Plans

On July 26, 2016, Ontario released a consultation paper, “Review of Ontario’s Solvency Funding Framework for Defined Benefit Pension Plans” (Consultation Paper). The Consultation Paper is open for comment until September 30,...more

Alert: Proposed Ontario Amendment Eliminating the 30-per-cent Rule for Pension Fund Investments

The Ontario government has announced a consultation? until April 29, 2016, relating to a proposed regulation change under the Pension Benefits Act (Ontario) that would permit a pension plan administrator to invest pension...more

British Columbia: A guide to B.C.’s new pension legislation for HR professionals

by Dentons on

On September 30, 2015, British Columbia’s new Pension Benefits Standards Act (PBSA) and Regulation came into effect. The PBSA has wide-ranging implications for HR Professionals who oversee BC-registered pension plans and...more

New Concerns for Bondholders, Lenders and Other Creditors Following SCC’s Indalex Decision

by Bennett Jones LLP on

On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans...more

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

by Dickinson Wright on

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process...more

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