Employers with defined benefit pension plans
- In bankruptcy or a court‑approved restructuring, you must fund unpaid “special payments” for pension deficits and amounts owed on a plan termination before other unsecured debts (BIA ss.60(1.5), 81.5–81.6; CCAA s.6(6)).
- While under BIA or CCAA protection, you cannot modify, cancel, or stop contributions to group insurance plans for employees or former employees (BIA new section after s.62; CCAA new section after s.11.04).
- Outside insolvency, if the Superintendent determines plan funding is impaired or the administrator is at risk, you must make a “solvency special payment” within 30 days, with possible extensions at the Superintendent’s discretion (PBSA s.9(4)–(5), s.9.002(1)–(2)).
- You must notify the Superintendent within 5 business days of decisions or events (such as share buybacks or dividends) that would increase the plan’s solvency deficiency beyond a set threshold tied to retained earnings and unsecured debt (PBSA s.9.001(2)–(3)).
Lenders, bondholders, and trade creditors
- Your recovery in bankruptcy or restructuring will be reduced when a company has an underfunded defined benefit plan, because specified pension claims rank ahead of most unsecured claims by law (BIA ss.81.5–81.6; CCAA s.6(6)).
- Proposals and plans cannot be approved unless they provide for the required pension payments (BIA s.60(1.5); CCAA s.6(6)).
Pension plan administrators
- You must notify members, former members, and other beneficiaries within 30 days when the employer reports certain transactions to the Superintendent or when the Superintendent makes an impairment determination (PBSA s.9(5), s.9.01).
Federal pension regulator (OSFI)
- Gains authority to determine when plan funding is impaired or administration is at risk and to order funding and disclosure measures (PBSA s.9(4)–(5), s.9.002).