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 Gemala Industries Limited Employees' Pension Plan (Plan A-5) Registration Number 355008.
David Kearney, Principal
161 Bay Street, P.O. Box 501
Toronto, ON M5J 2S5
Manager, Pensions & Benefits
Gemala Industries Limited
Corporate Centre of Northbrook
1100 Skokie Blvd., Suite 350
Northbrook, Illinois, USA, 60062-4124
Jonathan Krieger, Vice-President
Grant Thornton Limited
P.O. Box 55, Royal Bank Plaza
19th Floor, South Tower
200 Bay Street, Toronto, M5J 2P9
Trustee in Bankruptcy
Tony Wohlfarth, National Representative
Canadian Auto Workers - Local 397
205 Place Court
Toronto, ON M2H 3H5
NOTICE OF PROPOSAL
I PROPOSE TO MAKE AN ORDER under section 69 of the PBA that the Gemala Industries Limited Employees' Pension Plan (Plan A-5) (the “Plan”) be wound up effective November 5, 2004.
- 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 the PBA.
- The employer is bankrupt within the meaning of the Bankruptcy and Insolvency Act (Canada).
- 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
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 25th day of November, 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.