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 87(2)(c) of the PBA relating to the Colleges of Applied Arts and Technologies Pension Plan, Registration Number 0589895.
The Board of Trustees of the Colleges of Applied Arts and Technology
2 Queen Street East
P.O. Box 22
Toronto, ON M4S 3A7
Plan Manager & CEO
Administrator of the Plan
NOTICE OF PROPOSAL
I PROPOSE TO MAKE AN ORDER in respect of the Colleges of Applied Arts and Technology Pension Plan, Registration Number 0589895 (the “Plan”), under section 87(2)(c) of the PBA, that three consecutive business days be afforded to Mr. Robert Pando (“Mr. Pando”) for his 2007 annual inspection of Plan documents under section 29 of the PBA.
- The Board of Trustees of the Colleges of Applied Arts and Technologies (the “Board”) is the administrator of the Plan.
- The Colleges of Applied Arts and Technologies (the “Sponsor”) is the sponsor of the Plan.
- The Plan was established on September 1, 1967 as a multi-employer defined benefitpension plan.
- Mr. Pando is a former member of the Plan.
- On or about November 5, 2007, Mr. Pando gave written notice to the Board that he requested three consecutive days for his annual inspection of Plan documents for the year 2007.
- The Board has refused to allow three consecutive days to Mr. Pando for his 2007 annual inspection. The Board’s position is that one day is sufficient time to perform the inspection.
- Section 29(5) of the PBA states that a member, former member, a spouse, another person, an agent or a trade union by a representative is entitled to make an inspection of the prescribed documents and information in respect of a pension plan and pension fund not more than once in a calendar year. The word “once” does not limit the annual inspection to one day.
- Mr. Pando’s request is reasonable and not frivolous or vexatious.
- Section 87(2)(c) of the PBA states that the Superintendent of Financial Services may require the administrator of a pension plan to take any action if the Superintendent is of the opinion, upon reasonable and probable grounds, that the administrator is contravening a requirement of the PBA.
- 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
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 5th day of June, 2008
K. David Gordon
Deputy Superintendent, Pensions
Mr. Robert Pando
66 Maccomb Drive
Mr. Daniel R. Hayhurst
Gowling Lafleur Henderson LLP
Suite 1600, 1 First Canadian Place
100 King Street West
* 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.