Impact of COVID-19 on Canadian Pension Plans
The outbreak of COVID-19 (also known as the Coronavirus) has affected businesses at a global level. For employers who offer a Canadian pension plan, the changes to the market and employment conditions will affect the responsibilities of an employer, as plan administrator and plan sponsor, including investments and filing obligations, plan funding and benefit accrual. From a transactional perspective, it is important to understand how the changes may affect a business that is being acquired.
Here are a few considerations to keep in mind while evaluating the impacts of COVID-19.
Regulatory
Canadian federal and provincial pension regulators have announced they are monitoring the situation and will consider changes, as necessary, to align with current conditions. Regulators will continue operations to assist employers in their ongoing administration and compliance efforts, and to protect the rights of plan beneficiaries.
In Ontario, the Financial Services Regulatory Authority of Ontario (FSRA) published a COVID-19 response, which states that filing deadlines may be extended by request, up to 60 days, via the Pension Services Portal. If a filing extension request is for a period beyond 60 days, the request must be sent by email (preferable) or mail to the assigned pension officer.
However, FSRA cannot extend certain deadlines, such as those for the distribution of annual or biennial statements. If a plan administrator will not meet its deadline for distribution of statements, FSRA indicated it will use its discretionary powers to waive any administrative monetary penalties, provided that a plan administrator notifies the pension officer of the challenges of meeting the deadline and proposed plan of action.
FSRA staff will continue to review all other applications, such as asset transfers or wind-up applications, although there may be some delay caused by the current disruptions.
For all regulators who offer digital services or an online filing portal, employers are encouraged to utilize these services to interact and file with the regulators. Although offices are shut down, FSRA advises that officers are working remotely and will respond to inquiries.
Funding
Plan sponsors are required to continue funding for pension plans by making contributions in accordance with the latest valuation and plan terms. Statutory obligations require contributions to continue, regardless of the economic turmoil.
We encourage plan administrators to contact their consultants and actuaries to evaluate the impact of the financial market conditions on the plan’s funded status. A plan’s Statement of Investment Policies and Procedures may require careful monitoring and review.
Employees
Employees who are performing their usual duties remotely will continue to accrue pension benefits. If an employee is on leave as a result of COVID-19, benefits will continue to accrue in accordance with recent changes to the Employment Standards Act (Ontario). It is important to check the plan terms to confirm the continuance of any benefit accrual.
Due to the uncertainty, it is also important to maintain communication with plan members to address their concerns. In light of current restrictions on face-to-face meetings, employers should consider sending communications to members, maintaining updates on their websites and providing information via webinar or digital meeting. Any information provided should be clear and accurate.
Employers may also wish to remind employees of the scope of retirement and other benefits provided to employees, such as health and welfare, disability and travel insurance coverage, and how to access those benefits. It is important that an employer evaluates the provisions of the benefit plans in the context of other employment policies, legislation and other COVID-19 related announcements.
Authors
Insights
-
Capital Markets
Canada Initiates Consultations and Proposes New Measures to Strengthen Anti-Modern Slavery Efforts
The Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”) came into force on January 1, 2024, implementing enhanced reporting requirements for certain entities to combat… -
Intellectual Property Litigation
Rise of Trademark Phishing Scams
There has been a reported surge in trademark phishing scams. The Canadian Intellectual Property Office (“CIPO”) issued a statement warning of an email phishing scam targeting members of the public by… -
Litigation and Dispute Resolution
Climate Change Suits Against the Government: Mathur v. Ontario Appeal Decision
The Court of Appeal for Ontario has released its appeal decision in Mathur v. Ontario involving a lawsuit by youth applicants challenging as inadequate Ontario’s legislated targets and plans for… -
Capital Markets
Clarification on Rules Relating to the Removal of Directors by Shareholders
In OneMove Capital Corporation v. Dye & Durham Limited (“OneMove v. D&D”), the Ontario Superior Court of Justice (the “Court”) held that shareholders may not submit a proposal under section… -
Capital Markets
Delaware Court Finds Advance Notice Bylaw Amendments Unenforceable, But Denies Relief Based on Dissident Shareholders’ Deceptive Conduct
The Supreme Court of Delaware’s recent decision in Kellner v. AIM ImmunoTech Inc. provides important guidance on the limits of a board’s authority to amend an “advance notice” bylaw in the context of… -
Litigation and Dispute Resolution
No “Magic Words” Required: Supreme Court of Canada Holds Exclusion Clauses Released Seller From Implied Statutory Conditions
On May 31, 2024, the Supreme Court of Canada released its decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, which clarifies how contractual exclusion clauses are to…
Featured Work
-
Mergers and Acquisitions
Apotex Inc. acquires Searchlight Pharma Inc.
Goodmans LLP advised Apotex Inc. in connection with its acquisition of Searchlight Pharma Inc… -
Shareholder Activism
Browning West achieves landmark victory in Gildan Activewear proxy campaign
Goodmans LLP acted for Browning West, LP in the successful reconstitution of Gildan Activewear’s entire board, culminating in the reinstatement of CEO Glenn Chamandy… -
Restructuring
LoyaltyOne cross-border restructuring
Goodmans LLP is counsel to KSV Restructuring Inc. in its capacity as court-appointed monitor of LoyaltyOne, Co. in its restructuring proceedings under the Companies’ Creditors Arrangement Act before… -
Mergers and Acquisitions
Neighbourly Announces Successful Closing of Take-Private Transaction with Persistence Capital Partners
Goodmans LLP advised Brookfield Asset Management Ltd., through its Special Investments program, in connection with its structured equity investment of $320 million to partially fund the take-private… -
Mergers and Acquisitions
Forum Energy Technologies acquires Variperm Energy Services
Goodmans LLP advised Forum Energy Technologies, Inc. in the acquisition of Variperm Energy Services… -
Shareholder Activism
Aimia Inc.'s largest shareholder, Mithaq, plans takeover bid
Goodmans LLP represented The Special Committee of the Board of Directors of Aimia Inc., in connection with an unsolicited takeover bid for Aimia by Mithaq Capital, Aimia's largest shareholder…
News & Events
-
Intellectual Property Litigation
Goodmans Lawyers Recognized in the Lexpert Special Edition: Litigation 2024
We are pleased to announce the Lexpert Special Edition: Litigation 2024 continues to feature Goodmans lawyers among Canada's experts in litigation.Congratulations to our 10 featured lawyers:Andrew… -
Banking and Financial Services
Goodmans Once Again Receives Top-Tier Recognition from The Legal 500 Canada
We are pleased to announce Goodmans LLP has once again received top-tier recognition from The Legal 500 Canada in their 2025 Guide released today.Recognition from The Legal 500 is based on independent… -
Banking and Financial Services
Goodmans Recognized in the Inaugural Edition of Best Law Firms - Canada 2025
Goodmans is delighted to share we are featured in the inaugural edition of Best Law Firms - Canada 2025, recognizing us as one of the country’s exceptional law firms across 40 industries and practices…