Solvency Funding Relief Proposal for Public Sector and BPS Pension Plans Released

On February 10, 2011, the Ontario government released its proposed details regarding solvency funding relief for the public sector and broader public sector (“BPS”).

The government first announced that it would consider providing solvency funding relief for university pension plans on August 5, 2010 (which was consistent with the 2010 Budget announcement that solvency funding relief may be provided to BPS employers). The goal of the solvency funding relief is to support sustainable public sector and BPS defined benefit or hybrid pension plans, including Ontario university pension plans.

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New General Pension Regulation Amendments Filed

On September 17, 2010, the Ontario government filed O. Reg. 367/10 under the Pension Benefits Act, amending Reg. 909 of R.R.O. 1990 (General).

The amendments extend certain filing deadlines and funding schedules under the temporary solvency funding relief regulations for two university-sponsored pension plans.

By way of background, Ontario’s temporary solvency funding relief regulations were enacted in June 2009. For more information, please see Hicks Morley’s FTR Now, Solvency Funding Relief is Here.

The amendments are now in force.

Ontario Announces Pension Funding Relief for University Sector

On August 5, 2010, the Ontario government announced that it will provide universities with temporary solvency funding relief.

The temporary funding relief will be provided through two stages: a temporary period during which each university must develop a sustainability plan for its pension plans and, if the sustainability plan is acceptable to the government, an extended amortization period for funding their solvency deficiencies. 

Amendments to the Pension Benefits Act regulations will be required in order to give effect to the promised relief.

More information regarding the announcement is available on our website.

Post-Secondary Legislation Passes Third Reading

On June 3, 2010, Bill 43, the Post-Secondary Education Statute Law Amendment Act, 2010, carried at Third Reading.  As previously reported, this omnibus legislation amends Ontario's Post-Secondary Education Choice and Excellence Act, 2000, the Private Career Colleges Act, 2005, and the Ontario College of Art & Design Act, 2002.

Ontario Colleges of Applied Arts & Technology Regulation Amended

On May 14, 2010, the Ontario government filed O. Reg. 169/10, amending Regulation 34/03 (General) under the Ontario Colleges of Applied Arts and Technology Act, 2002. In part, the amendments provide a new method for appointing members of a board of governors after October 1, 2010, and the terms of the office.

Post-Secondary Legislation Referred to Committee

On May 11, 2010, Bill 43, the Post-Secondary Education Statute Law Amendment Act, 2010. If passed, this omnibus legislation would amend various Acts as follows:

  • the Post-Secondary Education Choice and Excellence Act, 2000 to refine definitions of terms such as "degree" and "educational institution", the application of the Act to defined persons, and certain prohibitions. Inspection provisions are amended to more closely parallel the inspection section in the Private Career Colleges Act, 2005. Provisions dealing with administrative monetary penalties, restraining orders and compliance orders are added. Fines are increased;
  • the Private Career Colleges Act, 2005 to deal with vocational program approvals and increase fines; and
  • the Ontario College of Art & Design Act, 2002 to change OCAD's name to the Ontario College of Art & Design University.

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Hicks Morley is Canada’s leading firm that exclusively represents management in all aspects of human resources law and advocacy. Established...

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