IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8, (the “PBA”);
AND IN THE MATTER of a Notice of Intended Decision of the Superintendent of Financial Services to make an Order under section 69 of the PBA,respecting the Contributory Pension Plan for Bargaining Unit Employees of Fibrex Insulations, Inc.
Registration Number 0353235.
Niranja S. Bahi
Morneau Shepell Ltd.
895 Don Mills Road
Tower One, Suite 700
Toronto ON M3C 1W3
Manager, Human Resources
Fibrex Insulations Inc.
561 Scott Road
Sarnia ON N7T 7L4
Adamson & Associates Inc.
142 Centre Street
St. Thomas ON N5R 3A3
Trustee in Bankruptcy
Barry E. Wadsworth
The National Automobile, Aerospace, Transportation & General Workers Union of Canada (C.A.W.), Local
205 Placer Court
Toronto ON M2H 3H9
Alvarez & Marsal Canada Inc.
Royal Bank Plaza, south Tower
200 Bay Street, Suite 200
Toronto ON M5J 2J1
I INTEND TO MAKE AN ORDER under section 69 of the PBA that the Contributory Pension Plan for Bargaining Unit Employees of Fibrex Insulations, Inc., Registration Number 0353235 (the “Plan”) be wound up effective January 12, 2011, and include the class of Plan members whose employment or Plan membership terminated during the period December 24, 2010 to January 12, 2011.
I INTEND TO MAKE THE ORDER FOR THE FOLLOWING REASONS:
There was a cessation or suspension of employer contributions to the pension fund.
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.
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 Intended Decision is served on you.1
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 INTENDED DECISION AS DESCRIBED IN THIS NOTICE.
THE ADMINISTRATOR IS REQUIRED pursuant to section 89(5) of the PBA to transmit a copy of this notice to the following persons or classes of persons:
DATED at Toronto, Ontario, this 10th day of July, 2012.
Original Signed By
K. David Gordon
Deputy Superintendent, Pensions
1NOTE - 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 fifth day after the date of mailing.
© Queen's Printer for Ontario, 2012