IN THE MATTER of the Pension Benefits Act, R.S.O. 1990, c. P.8, as amended (the Act);
AND IN THE MATTER of a Proposal of the Superintendent of Financial Services to make an Order under section 69 of the Act, respecting the Decor Products International, a Division of Kleco Corporation Hourly Pension Plan (the “Plan”) Registration Number 0696864.
David R. Kearney
Morneau Sobeco Limited Partnership
895 Don Mills Road, Suite 700
One Morneau Sobeco Centre
Toronto, ON M3C 1W3
Decor Products International, a Division of Kleco Corporation
140 Bay Street
Midland, ON L4R 4L4
RSM Richter Inc.
200 King Street West
Toronto, ON M5H 3T4
Trustee in Bankruptcy
The National Automobile, Aerospace and Agricultural Implement Workers of Canada (CAW-Canada) Local 1411
P.O. Box 550
Midland, ON L4R 4L3
NOTICE OF PROPOSAL TO MAKE AN ORDER
I PROPOSE TO MAKE AN ORDER under section 69 of the Act that the Plan be wound up effective March 8, 2005 and include the class of members whose employment or membership terminated during the period of February 11, 2005 and March 8, 2005 for the following reasons and such further reasons that may come to my attention:
There was a cessation or suspension of employer contributions to the pension fund.
The employer failed to make contributions to the pension fund as required by this Act.
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.
YOU ARE ENTITLED TO A HEARING by the Financial Services Tribunal
(the Tribunal) pursuant to section 89(6) of the Act, if, within thirty (30) days after the Notice of Proposal is served on you, you deliver to the Tribunal a written notice that you require a hearing. Any notice requiring a hearing shall be delivered to the:
Financial Services Tribunal
5160 Yonge Street
Attention: The Registrar
FOR FURTHER INFORMATION, contact the Registrar of the Tribunal by phone at
416- 226-7752, toll free at 1-800-668-0128, ext. 7752, or by fax at 416-226-7750.
IF YOU DO NOT DELIVER TO THE TRIBUNAL, WITHIN THIRTY (30) DAYS FROM THE DATE THIS NOTICE OF PROPOSAL IS SERVED ON YOU, A WRITTEN NOTICE THAT YOU REQUIRE A HEARING, I MAY MAKE THE ORDER PROPOSED HEREIN.
DATED at Toronto, Ontario, this 9th day of February, 2006.
K. David Gordon
Deputy Superintendent, Pensions
*NOTE—PURSUANT to section 112 of the Act any notice, order or other document is sufficiently given, served, or delivered if delivered personally or sent by first class mail and any document sent by first class mail shall be deemed to be given, served, or delivered on the seventh day after mailing.