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 by the Superintendent of Financial Services to make an Order under section 78(1) of the PBA consenting to a payment out of the Royal Oak Dairy Retirement Plan
, Registration Number 465922
Parmalat Food Inc.
405 The West Mall, 10th Floor
Etobicoke ON M9C 5J1
Attention: Mr. John Dalton
NOTICE OF PROPOSAL
I PROPOSE TO MAKE AN ORDER under section 78(1) of the PBA, consenting to the payment, out of Royal Oak Dairy Retirement Plan (the “Plan”), Registration Number 465922 to Parmalat Food Inc., in the amount of $448,409 as at July 31, 2005 plus interest to the actual date of payment.
I PROPOSE TO MAKE THE ORDER effective only after the Applicant satisfies me that the members’ surplus entitlements have been paid or otherwise provided for.
- Parmalat Food Inc. is the employer as defined in the Plan.
- The Plan was wound up, effective July 31, 2005.
- As at July 31, 2005 the surplus in the Plan was estimated at $747,348.
- The Plan provides for payment of surplus to the Employer on the wind up of the Plan.
- The application discloses that by written agreement made by the Employer, and both the former member (as defined in the application) and the estate of a former member, the surplus in the Plan at the date of payment, after deduction of wind up expenses is to be distributed:
a) 60% to the Employer; and
b) 40% to the beneficiaries of the Plan as defined in the Surplus Distribution Agreement.
- The Employer has applied, pursuant to section 78 of the PBA, and section 8(1)(b) of Regulation 909, R.R.O. 1990 (Regulation), for consent of the Superintendent of Financial Services to the payment of 60% of the surplus in the Plan to the Company as of the date of the wind up, adjusted for interest and expenses.
- The application appears to comply with sections 78 and 79(3)(a) and (b) of the PBA and with sections 8(1)(b), 28(5), 28(5.1) and 28(6) of the Regulation.
- Such further and other reasons as 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
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 18 day of, December, 2006.
K. David Gordon
Deputy Superintendent, Pensions
c. Anthony Devir, Osler, Hoskin & Harcourt LLP
* 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.