IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8, as amended (the “PBA”);
AND IN THE MATTER of a Proposal of the Superintendent of Financial Services to make an Order under section 69 of the PBA, respecting the Pension Plan for Hourly Employees of Amcan Castings Limited (Hamilton Division) Registration Number 221465.
TO:
Sharon Carew
Director
PricewaterhouseCoopers Inc.
1 Robert Speck Parkway, Suite 1100
Mississauga Executive Centre
Mississauga, ON L4Z 3M3
Administrator
AND TO:
Kirk Beauchamp
Vice President
Amcan Consolidated Technologies Corp.
10 Hillyard Street
Hamilton, ON L8L 6B1
Employer
AND TO:
A. John Page
President
A. John Page & Associates Inc.
100 Richmond Street West, Suite 447
Toronto, ON M5H 3K6
Trustee in Bankruptcy and Receiver
AND TO:
Frank Arcuri
President, Local 4153
United Steelworkers Union, Amalgamated Local 4153
1031 Barton Street East
Hamilton, ON L8L 3E3
Union Representative
NOTICE OF PROPOSAL
I PROPOSE TO MAKE AN ORDER under section 69 of the PBA that the Pension Plan for Hourly Employees of Amcan Castings Limited (Hamilton Division) (the “Plan”) be wound up effective October 25, 2007.
REASONS:
- The employer is bankrupt within the meaning of the Bankruptcy and Insolvency Act (Canada).
- A significant number of members of the pension plan ceased to be employed by the employer as a result of the discontinuance of all or part of the business of the employer or as a result of the reorganization of the business of the employer.
- All or a significant portion of the business carried on by the employer at a specific location was discontinued.
- Such further and other reasons as may come to my attention.
YOU ARE ENTITLED TO A HEARING by the Financial Services Tribunal (the “Tribunal”) pursuant to section 89(6) of the PBA. To request a hearing, you must deliver to the Tribunal a written notice that you require a hearing, within thirty (30) days after this Notice of Proposal is served on you.*
YOUR WRITTEN NOTICE must be delivered to:
Financial Services Tribunal
5160 Yonge Street
14th Floor
Toronto, Ontario
M2N 6L9
Attention: The Registrar
FOR FURTHER INFORMATION on a Form for the written notice, please see the Tribunal website at www.fstontario.ca or contact the Registrar of the Tribunal by phone at 416- 590-7294, toll free at 1-800-668-0128, ext. 7294, or by fax at 416-226-7750.
IF YOU FAIL TO REQUEST A HEARING WITHIN THIRTY (30) DAYS, I MAY CARRY OUT THE PROPOSAL AS DESCRIBED IN THIS NOTICE.
DATED at Toronto, Ontario, this 4th day of September, 2008
_______________________________________
K. David Gordon
Deputy Superintendent, Pensions
* NOTE - Pursuant to section 112 of the PBA any Notice, Order or other document is sufficiently given, served or delivered if delivered personally or sent by regular mail and any document sent by regular mail shall be deemed to be given, served or delivered on the seventh day after the date of mailing.