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 69 of the PBA, respecting The Pension Plan for Employees of Sun Pac Foods Limited Registration Number 0368381
Ms. Sharon Carew
Mercer (Canada) Limited
161 Bay Street, P.O. Box 501
Toronto, ON M5J 2S5
Mr. Garth Rombough
Vice President, Finance
Sun Pac Foods Limited
10 Sun Pac Boulevard
Brampton, ON L6S 4R5
Mr. Gary Cerrato, CIRP
BDO Canada Limited
123 Front Street West, Suite 1200
Toronto, ON M5J 2M2
I INTEND TO MAKE AN ORDER under section 69 of the PBA that The Pension Plan for Employees of Sun Pac Foods Limited, Registration Number 0368381 (the “Plan”) be wound up effective November 12, 2013.
I INTEND TO MAKE THE ORDER FOR THE FOLLOWING REASONS:
The employer failed to make contributions to the pension fund as required by the PBA.
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.
DATED at Toronto, Ontario, this 10th day of March, 2014.
Original Signed By
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, 2014