IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8, (the “PBA”);
AND IN THE MATTER a Notice of Intended Decision of the Superintendent of Financial Services to consent, under section 78(1) of the PBA, to a payment out of the pension fund for the Rio Algom Limited Pension Plan for Salaried Employees, Registration Number 0210070.
Rio Algom Limited
c/o BHP Billiton Canada Inc.
130 - 3rd Avenue South
Saskatchewan SK S7K 1L3
Attention: Giles Hellyer
Applicant and Employer
Blake, Cassels & Graydon LLP
199 Bay Street, 40th Floor
Toronto ON M5L 1A9
Lax O’Sullivan Scott Lisus LLP
145 King Street West
Toronto ON M5H 1J8
I INTEND TO CONSENT, under section 78(1) of the PBA, to the payment out of the pension fund for the Rio Algom Limited Pension Plan for Salaried Employees, Registration Number 0210070 (the “Plan”), to Rio Algom Limited, in the amount of $14,019,917 as at August 1, 2014 plus adjustments to the actual date of payment.
I INTEND TO MAKE THE CONSENT effective only after the Applicant satisfies me that the members’ surplus entitlements have been paid or otherwise provided for.
I INTEND TO CONSENT FOR THE FOLLOWING REASONS:
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 26th day of February, 2015.
Original Signed By
Lester J. Wong
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, 2015