Bill S-214 explained in plain English
An Act to amend the Bankruptcy and Insolvency Act and other Acts (unfunded pension plan liabilities)
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 40th Parliament, 3rd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-214 proposes to amend several federal acts to ensure unfunded pension plan liabilities are treated as secured debts in bankruptcy, create a procedure for former employees to claim unpaid wages from directors of bankrupt companies, and adjust provisions related to employment insurance and wage earner protection.
This bill, entitled "An Act to amend the Bankruptcy and Insolvency Act and other Acts (unfunded pension plan liabilities)", aims to change how unfunded pension plan liabilities are treated in cases of bankruptcy or corporate insolvency. It seeks to give these liabilities the status of secured debts. The bill also introduces a process for former employees to make claims against directors of a bankrupt corporation for unpaid wages, and it clarifies that certain payments related to bankruptcy will not affect employment insurance benefits. Additionally, it expands the types of employer financial situations covered by the Wage Earner Protection Program Act to include proposals, compromises, and arrangements made under specific acts.
- It aims to ensure that unfunded pension plan liabilities are treated as secured debts in bankruptcy proceedings.
- It introduces a procedure for former employees of a bankrupt corporation to make claims against the corporation's directors for unpaid wages.
- It clarifies that certain payments received due to a bankruptcy will not reduce employment insurance benefits.
- It expands the scope of the Wage Earner Protection Program Act to include employers who have made proposals, compromises, or arrangements under specific insolvency acts.
- Employers who participate in pension plans that may become unfunded.
- Former employees of bankrupt corporations.
- Directors of bankrupt corporations.
- Employment insurance claimants.
- Trustees and receivers in bankruptcy and receivership.
- Individuals owed wages by employers in specific financial distress situations (bankruptcy, receivership, proposals, compromises, or arrangements).
- Unfunded pension plan liabilities will have the status of secured debts in bankruptcy.
- Former employees will have a right to file claims against directors of a bankrupt corporation for unpaid wages.
- Payments made from a bankrupt's property or by a government will not be deducted from employment insurance benefits.
- The Wage Earner Protection Program will cover employees owed wages by employers making proposals, compromises, or arrangements under specific insolvency acts.
- Sections 8 and 9 of the Act will come into force on a day to be fixed by order of the Governor in Council, subject to the appropriation of funds by Parliament.
- The bill was given first reading on March 24, 2010.
- The bill aims to provide security for unfunded pension plan liabilities, potentially impacting the distribution of assets in bankruptcies. The Wage Earner Protection Program Act, as amended, may lead to increased payments from the program.
- The bill establishes a process for adjudicators to order directors of bankrupt corporations to pay former employees compensation for unpaid wages. These orders are final and can be registered in the Federal Court for enforcement as if they were a court judgment.
- The specific date for the commencement of sections 8 and 9 (amendments to the Employment Insurance Act and Wage Earner Protection Program Act) is not yet proclaimed and depends on a Governor in Council order and parliamentary appropriation of funds.
- The bill does not specify the exact amount of "normal cost" or "solvency standards" for pension plans; these are defined by regulations mentioned in the bill (Pension Benefits Standards Regulations, 1985).
- The bill does not detail the maximum amount a director can be ordered to pay a former employee, other than it should not exceed the amount that would have been owed if the corporation had not gone bankrupt.
- The bill does not specify if there are any limits on the total amount that can be claimed from directors of a bankrupt corporation under the new provisions of the Canada Business Corporations Act.
This bill amends sections of this Act to give unfunded pension plan liabilities the status of secured debts in bankruptcy proceedings. It also adds provisions related to security for termination and severance pay for employees in bankruptcy and receivership situations.
Source: Section 1, 2, 3, 4, 5
This bill amends sections of this Act to ensure that unfunded pension plan liabilities are treated as secured debts when a company makes a proposal, compromise, or arrangement under this Act.
Source: Section 7
This bill adds a new section to this Act to establish a procedure where former employees of a bankrupt corporation can file a claim with the Minister of Labour against the directors of the corporation to recover unpaid wages. An adjudicator will be appointed to hear and decide these claims.
Source: Section 6
This bill amends section 19 of this Act to specify that payments made to an employment insurance claimant from the proceeds of a bankrupt's property or by a government in case of bankruptcy will not be deducted from their employment insurance benefits.
Source: Section 8
This bill amends section 4 of this Act to include employers who have made a proposal, compromise, or arrangement under the Bankruptcy and Insolvency Act or the Companies' Creditors Arrangement Act within the scope of the Wage Earner Protection Program.
Source: Section 9
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-214, concerning amendments to the Bankruptcy and Insolvency Act regarding unfunded pension plan liabilities, completed its first reading in the Senate on March 24, 2010, and was subsequently referred to committee.
This artifact details the procedural steps for Bill S-214 in the Senate. The bill reached its first reading on March 24, 2010, and was later referred to a committee on June 10, 2010. It also lists major speeches made during the second reading stage on March 30, May 12, and June 10, 2010. The bill's current status is 'At consideration in committee in the Senate'. The artifact also references similar bills, C-476 and S-245, which deal with the same subject matter.
On March 24, 2010, Bill S-214, concerning amendments to the Bankruptcy and Insolvency Act and other Acts related to unfunded pension plan liabilities, received its first reading in the Senate as part of a routine proceeding.
On March 24, 2010, the Senate held its first reading of Bill S-214, An Act to amend the Bankruptcy and Insolvency Act and other Acts (unfunded pension plan liabilities). This event marks the initial introduction of the bill in the Senate. The sitting also included various other proceedings such as "Senators' Statements" on diverse topics, routine proceedings including the first reading of other bills, "Question Period" where senators asked questions of the government, and "Orders of the Day" where committees were authorized to conduct studies. The introduction of Bill S-214 itself was a procedural step, with the bill being read for the first time and then placed on the Orders of the Day for second reading.
Bill S-214, aimed at addressing unfunded pension plan liabilities, completed its second reading in the Senate and was sent to a committee.
This record describes the progress of Bill S-214, concerning unfunded pension plan liabilities, through the Senate. The bill completed its second reading stage on March 30, 2010, and was subsequently referred to a committee on June 10, 2010. The second reading included speeches from the bill's sponsor and another senator.
The Senate convened on March 30, 2010, hearing various statements, tabling reports, holding Question Period, and debating multiple bills and inquiries, including the adjournment of debates on Bill S-214 concerning unfunded pension liabilities and Bill S-216 related to long-term disability benefits.
On March 30, 2010, the Senate was in session. The main business of the day included various senators' statements on diverse topics such as the mission in Afghanistan, literacy, service neutrality, and the sinking of the Titanic. Routine proceedings involved tabling annual reports from the Canadian Human Rights Tribunal and Commission. Question Period covered topics like the Canadian Council on Learning, autism spectrum disorder, and Canada's role in Haiti. The Orders of the Day featured debates and motions on Appropriation Bills, the Speech from the Throne, and several other bills. Notably, the second reading debate for Bill S-214, an Act to amend the Bankruptcy and Insolvency Act and other Acts concerning unfunded pension plan liabilities, was adjourned. The second reading of Bill S-201, an Act to amend the Office of the Superintendent of Financial Institutions Act regarding credit and debit cards, was passed and referred to committee. Bill S-216, an Act to amend the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act to protect long-term disability benefits, also had its second reading debate adjourned. The Senate also debated inquiries on the budget, the Acadian flag, freedom of speech, and the televising of Senate proceedings. Finally, a motion to authorize the Standing Senate Committee on National Security and Defence to study services and benefits for members and veterans was adopted.
During the Senate's second reading debate on Bill S-214, Senator Ringuette spoke in favour of the bill, explaining its purpose to grant pensioners preferred creditor status in bankruptcy proceedings to ensure they receive their owed retirement funds.
This artifact is a record of the sponsor's speech during the second reading debate of Bill S-214 in the Senate on March 30, 2010. The sponsor, Senator Pierrette Ringuette, introduced the bill, which aims to amend the Bankruptcy and Insolvency Act and other Acts to provide pensioners with preferred creditor status during bankruptcy proceedings. She explained that the bill would help ensure that individuals who have worked their entire lives and prepared for retirement have a better chance of receiving what is owed to them, placing them on a more equal footing with other creditors. Senator Ringuette highlighted that Canada currently lags behind other developed countries in protecting terminated employees and pensioners during bankruptcy. She provided an example of employees in New Brunswick who lack the pension protection that their counterparts in Maine, working for the same company, have under U.S. federal legislation. She emphasized that the bill is not a government handout or a burden on taxpayers, but rather a measure to provide security, transparency, and fairness. She also noted the urgency of the situation, referencing the Nortel and AbitibiBowater cases, and stated that pensioners do not have time to wait for further studies. The debate on the bill was adjourned.
This Senate sitting record from May 12, 2010, does not contain the debate for Bill S-214; it instead documents other Senate business including Senators' Statements, Question Period, and ongoing debates on unrelated bills.
This document is a record of a Senate sitting on May 12, 2010. While Bill S-214 is listed on the Order Paper for second reading debate, the provided text does not contain the debate for this specific bill. Instead, it details other Senate proceedings, including Senators' Statements on various topics, Routine Proceedings, Question Period addressing issues like national securities regulation and copyright law, and the continuation of debate on other bills such as Bill S-10 (Controlled Drugs and Substances Act) and Bill S-5 (Motor Vehicle Safety Act and Canadian Environmental Protection Act). The record also includes committee reports being tabled and adopted, and inquiries being debated.
During a Senate sitting on June 10, 2010, Bill S-214, concerning unfunded pension plan liabilities, was debated at second reading, with one senator speaking in favour before it was referred to committee.
This artifact is a record of a Senate sitting on June 10, 2010, during the second reading debate stage for Bill S-214. The sitting included Senators' Statements on various topics, Routine Proceedings where reports were tabled and notices of motions were given, and Question Period where senators asked questions on diverse subjects. The main part of the record details the debate on Bill S-214, where Senator Vim Kochhar spoke in favour of the bill, explaining its purpose and the context of pension security within the Canadian economy. He highlighted that recent amendments already provided super priority status for outstanding regular pension contributions and distinguished this from unfunded liabilities. He argued for a balanced approach to protect pensioners while maintaining economic health. The bill was then referred to the Standing Senate Committee on Banking, Trade and Commerce. Other bills were also debated and referred to committees during this sitting.
During the Senate's second reading debate on Bill S-214 concerning unfunded pension plan liabilities, senators discussed the bill's implications for creditors and pensioners, with the bill ultimately being passed at second reading and referred to committee.
This artifact is a record of a debate in the Senate on June 10, 2010, concerning Bill S-214, An Act to amend the Bankruptcy and Insolvency Act and other Acts (unfunded pension plan liabilities). The debate occurred at the second reading stage of the bill. Senator Vim Kochhar spoke in favour of the bill, discussing its provisions and the broader context of pension security in Canada's economy. Senator Pierrette Ringuette also spoke, emphasizing her appreciation for Senator Kochhar's comments and moving that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce. The Senate agreed to the motion for second reading of the bill and referred it to the committee.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced