Disclaimer
This is a reproduction of a NOID as issued and is provided for reference purposes only. In the event of an inconsistency, the NOID as issued takes precedence over this reproduction.

 

 
Superintendent of
Financial
Services
 
Ontario Coat of Arms
 
Surintendant des
services
financiers
 

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 consent, under section 78(1) of the PBA, to a payment out of the pension fund for the Ethyl Canada Inc. Hourly-Paid Employees’ Pension Plan (Corunna Plant), Registration Number 0564807.

TO:

Ethyl Canada Inc.
110 Bridlepath Trail
Sarnia ON  N7S 6M4

Attention:

Mr. Luigi Cicchini
Director

Applicant and Employer

AND TO:

Jonathan Marin
Osler, Hoskin & Harcourt LL.P
100 King Street West
1 First Canadian Place
Suite 6200, P.O. Box 50
Toronto ON  M5X 1B8

NOTICE OF INTENDED DECISION

I INTEND TO CONSENT to the surplus withdrawal application (the “Application”) filed by Ethyl Canada Inc. in respect of the Ethyl Canada Inc. Hourly-Paid Employees’ Pension Plan (Corunna Plant), Registration Number 0564807 (the “Plan”) under section 78(1) of the PBA, requesting the payment out of the pension fund for the Plan, to Ethyl Canada Inc., in the amount of $730,600 as at September 1, 2014, plus adjustments to the actual date of payment.

Si vous désirez recevoir cet avis en français, veuillez envoyer votre demande immédiatement à: Adjointe, audiences, Greffe, Commission des services financiers de l’Ontario, 5160 rue Yonge, boîte 85, Toronto ON M2N 6L9.

YOU ARE ENTITLED TO A HEARING by the Financial Services Tribunal (the “Tribunal”) pursuant to section 89(6) of the PBA.  A hearing before the Tribunal about this Notice of Intended Decision may be requested by completing the enclosed Request for Hearing (Form 1) and submitting it to the Tribunal within 30 days after this Notice of Intended Decision is served on you.1 A copy of that form is included with this Notice of Intended Decision.  Additional copies can be obtained by visiting the Tribunal’s website at www.fstontario.ca.

If a Request for Hearing (Form 1) is submitted to the Tribunal within 30 days after this Notice of Intended Decision is served on you, sections 89(8) and 89(9) of the PBAprovide that the Tribunal shall appoint a time for and hold a hearing, and by order may direct the Superintendent of Financial Services (the “Superintendent”) to make or refrain from making the intended decision indicated in this notice and to take such action as the Tribunal considers the Superintendent ought to take in accordance with the PBA and the regulations, and for such purposes, the Tribunal may substitute its opinion for that of the Superintendent.
 
IF NO WRITTEN REQUEST FOR A HEARING IS MADE within thirty 30 days after this Notice is served on you, TAKE NOTICE THAT the Superintendent will carry out the CONSENT pursuant to section 89(7) of the PBA.

A completed Request for Hearing form must be received by the Tribunal within 30 days of this Notice is served on you.  The Request for Hearing form may be mailed, faxed or delivered to:

Financial Services Tribunal
5160 Yonge Street, 14th Floor
Toronto ON  M2N 6L9

Attention: The Registrar
Fax:  416-226-7750

The hearing before the Tribunal will proceed in accordance with the Rules of Practice and Procedure for Proceedings before the Financial Services Tribunal made under the authority of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22. Those Rules are available at the website of the Tribunal at www.fstontario.ca. Alternatively, a copy can be obtained by telephoning the Registrar of the Tribunal at 416-590-7294, or toll free at 1-800-668-0128 ext. 7294.

I PROPOSE TO MAKE THE CONSENT effective only after the Applicant satisfies me that any payments pursuant to the Surplus Sharing Agreement (“SSA”) to which members, former members and any other persons are entitled, and any other payments to which the members and any other persons are entitled, have been paid, purchased,  or otherwise provided for.

I INTEND TO CONSENT FOR THE FOLLOWING REASONS:

  1. Ethyl Canada Inc. is the employer and administrator as defined in the Plan (the “Employer”).

  2. The Plan was wound up effective September 1, 2014.

  3. As indicated in the report provided with the Employer’s application for payment of surplus as at September 1, 2014, the surplus in the Plan related to the wind up was estimated at $730,600 as of that date. A subsequently filed supplemental wind up report, as at December 1, 2017, indicates the surplus is estimated at $616,421.

  4. The application discloses that a SSA has been made between:

    1. the Employer; and

    2. the former members, retired members and other persons affected by the termination of the Plan as of September 1, 2014 (the “Surplus Sharing Members”).

  5. The surplus in the Plan at the date of payment, after adjustments for investment earnings and expenses, is to be distributed:

    1. 55% to the Employer; and

    2. 45% to the Surplus Sharing Members.

  6. The Employer has applied, pursuant to section 78 of the PBA, for consent of the Superintendent to the payment of 55% of the surplus to be distributed from the Plan, plus adjustments as agreed to in the SSA, to the actual date of payment.

  7. The application appears to comply with sections 77.11, 78, 79(3) and all other applicable requirements under the PBA and Regulation 909, R.R.O. 1990, as amended.

  8. Such further and other reasons as come to my attention

DATED at Toronto, Ontario, this 5th day of June, 2018.

Original Signed By

Gino Marandola
Deputy Superintendent, Pensions (Acting)
By delegated authority from the
Superintendent of Financial Services

1 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 fifth day after the date of mailing.

© Queen's Printer for Ontario, 2018