IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8, as amended (the “PBA”);

AND IN THE MATTER OF of a Notice of Intended Decision of the Superintendent of Financial Services to make an Order under section 83 of the PBA, respecting the Retirement Pension Plan for the Haley Plant Hourly Employees of Timminco Metals, a Division of Timminco Limited, Registration Number 0589648

TO:

Claire Mroz
Principal
Mercer (Canada) Limited
161 Bay Street, P.O. Box 501
Toronto ON M5J 2S5

Administrator

AND TO:

Greg Donaldson
Manager, Treasury and Risk Management
Timminco Limited
Sun Life Financial Tower
150 King Street West, Ste. 2401
Toronto ON M5H 1J9

Employer

AND TO:

Toni Vanderlaan
FTI Consulting Canada Inc.
TD Waterhouse Tower
79 Wellington Street, Suite 2010
Toronto ON M5K 1G8

Monitor

AND TO:

Cathy Braker
United Steelworkers of America, Local 4632
800-234 Eglinton Ave. East
Toronto ON M4P 1K7

Collective Bargaining Agent

ORDER

NO REQUEST FOR HEARING was delivered to the Financial Services Tribunal within the time prescribed by subsection 89(6) of the PBA respecting the Notice of Intended Decision to make an Order under section 83 of the PBA, declaring that the Pension Benefits Guarantee Fund applies to Retirement Pension Plan for the Haley Plant Hourly Employees of Timminco Metals, a Division of Timminco Limited, Registration Number 0589648, (the Plan).

THE SUPERINTENDENT OF FINANCIAL SERVICES THEREFORE MAKES THIS ORDER, pursuant to section 83 of the PBA, declaring that the Pension Benefits Guarantee Fund applies to the Plan for the reasons set out in the Notice of Intended Decision.

Original Signed By

John Avgeris
Director, Pension Plans Branch
by Delegated Authority from
the Superintendent of Financial Services