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 Notice of Intended Decision of the Superintendent of Financial Services to make an Order under section 69 of the PBA,respecting the National Auto Radiator Manufacturing Company Limited Hourly Employees Pension Plan Registration Number 0350249
Ms. Alicia Westmaas
Morneau Shepell Ltd.
895 Don Mills Road
Tower One, Suite 700
Toronto, Ontario M3C 1W3
Mr. Gary Kelly
Corporate Financial Officer
National Auto Radiator Manufacturing Company Limited
2575 Airport Road
Windsor, Ontario N8W 1Z4
Mr. Barry Wadsworth
Counsel with CAW-Canada
National Automobile, Aerospace, Transportation General Workers Union of Canada (CAW-Canada), and Its Local 195
205 Placer Court
Toronto, Ontario M2H 3H9
Mr. Paul Salewski
Doyle Salewski Inc.
396 Bank Street
Ottawa, Ontario, K2P 1Y5
I INTEND TO MAKE AN ORDER under section 69 of the PBA that the National Auto Radiator Manufacturing Company Limited Hourly Employees Pension Plan, Registration Number 0350249 (the “Plan”) be wound up effective April 30, 2013 and include the class of Plan members whose employment or Plan membership was terminated during the period October 31, 2012 to April 30, 2013.
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 failed to make contributions to the pension fund as required by the PBA.
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.
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 2nd day of February, 2015.
Original Signed By
Lester J. Wong
Deputy Superintendent, Pensions (Interim)
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, 2015