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FederalDid not become law (session ended)42nd Parliament, 1st Session

Bill S-253 explained in plain English

An Act to amend the Bankruptcy and Insolvency Act and other Acts and Regulations (pension plans)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
42nd Parliament, 1st Session
Bill number
Bill S-253
Full title
An Act to amend the Bankruptcy and Insolvency Act and other Acts and Regulations (pension plans)
Current status
Did not become law (session ended)
Latest event
At second reading in the Senate
Last updated
Nov 22, 2018

Official Parliament of Canada snapshot for 42nd Parliament, 1st 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.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
Nov 22, 2018
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-253 aims to strengthen pension plan security by prioritizing their claims in bankruptcies and empowering the Superintendent of Financial Institutions to address underfunded plans.

What It Means

Bill S-253 proposes to amend federal laws related to bankruptcy, insolvency, and pension standards. It aims to give pension plan liabilities and solvency deficiencies a higher priority in bankruptcy proceedings. Additionally, it grants the Superintendent of Financial Institutions the power to declare a pension plan's funding as 'impaired' and to mandate specific actions from employers to address such impairments. This includes requirements for employers to report financial decisions that could negatively impact a plan's solvency and for plan administrators to inform members about these situations.

What This Bill Does
  • Amends the Bankruptcy and Insolvency Act to ensure that claims related to unfunded liabilities or solvency deficiencies of a pension plan are given priority in bankruptcy proceedings.
  • Amends the Companies' Creditors Arrangement Act to similarly prioritize pension plan claims in certain corporate restructuring situations.
  • Amends the Pension Benefits Standards Act, 1985, to give the Superintendent of Financial Institutions the authority to determine if a pension plan's funding is impaired.
  • Amends the Pension Benefits Standards Act, 1985, to allow the Superintendent to prescribe measures for employers to take regarding the funding of impaired pension plans.
  • Amends the Pension Benefits Standards Regulations, 1985, to establish procedures for employers to report financial decisions that could affect a plan's solvency.
  • Amends the Pension Benefits Standards Regulations, 1985, to outline requirements for plan administrators to inform plan members about funding impairments and prescribed measures.
  • Amends the Pension Benefits Standards Regulations, 1985, to specify how an impaired pension plan must be funded and under what conditions payment schedules for special payments can be extended or established.
Who Is Affected
  • Employers who sponsor pension plans.
  • Administrators of pension plans.
  • Members, former members, and beneficiaries of pension plans.
  • Superintendent of Financial Institutions.
  • Creditors in bankruptcy proceedings.
  • Companies undergoing restructuring under the Companies' Creditors Arrangement Act.
Rights, Duties, Or Obligations
  • Employers have an obligation to report financial decisions that could impact a pension plan's solvency.
  • Employers are obligated to fund impaired pension plans according to specific requirements.
  • Plan administrators have the right and obligation to inform plan members about funding impairments and prescribed measures.
  • The Superintendent of Financial Institutions has the power to determine if a pension plan's funding is impaired and to prescribe measures.
Important Dates
  • The bill does not specify a commencement date; it will come into force on a day or days to be fixed by order of the Governor in Council.
Financial Or Tax Impacts
  • Employers may be required to make additional special payments to pension plans to address unfunded liabilities or solvency deficiencies.
  • These changes could affect the financial calculations and obligations of employers related to their pension plans.
Enforcement Or Penalties
  • The bill does not explicitly detail penalties for non-compliance. However, actions taken by the Superintendent and the new funding requirements imply regulatory oversight and potential consequences for failure to comply with the Act and Regulations.
Uncertainties Or Limits
  • The bill refers to 'prescribed pension plan' and 'prescribed measures' without defining them within the text. These details would likely be specified in regulations.
  • The conditions under which the Superintendent may extend payment periods or establish payment schedules for impaired plans are subject to the Superintendent being satisfied that it is in the interests of plan members' pension benefit security or continued employment.
Laws Or Regulations Affected
Bankruptcy and Insolvency Act
amends

Amends provisions related to claims in bankruptcy to include amounts for unfunded liabilities or solvency deficiencies of pension plans, and amounts required under the Pension Benefits Standards Act for terminated plans.

Source: Sections 1, 2, 3

Companies' Creditors Arrangement Act
amends

Amends provisions to include claims for unfunded liabilities or solvency deficiencies of pension plans in certain corporate arrangements, and amounts required under the Pension Benefits Standards Act for terminated plans.

Source: Section 4

Pension Benefits Standards Act, 1985
amends

Adds provisions allowing the Superintendent of Financial Institutions to determine that a pension plan's funding is impaired and to advise employers on prescribed measures. It also allows the Superintendent to direct plan administrators to inform members about such determinations and measures.

Source: Sections 5, 6

Pension Benefits Standards Regulations, 1985
amends

Adds provisions requiring employers to inform the Superintendent about financial decisions or transactions that could negatively impact a plan's solvency, and requires administrators to notify plan members. It also sets out new funding requirements for impaired plans and allows for extensions or payment schedules under certain conditions.

Source: Sections 7, 8

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 text

Parliamentary Process

Step 1
First reading
Sep 18, 2018
Completed

Bill S-253, concerning amendments to pension plan legislation, completed its first reading in the Senate on September 18, 2018, and proceeded to second reading and debate.

Introduction and first reading, Sep 18, 2018
End of stage activity, Sep 18, 2018
Chamber sittings
Introduction and first reading - Sep 18, 2018

During a Senate sitting on September 18, 2018, Bill S-253, an Act to amend the Bankruptcy and Insolvency Act and other Acts and Regulations (pension plans), received its first reading.

Step 2
Second reading
Nov 22, 2018
Not completed

Bill S-253 is currently undergoing debate at the second reading stage in the Senate, with speeches delivered by the sponsor and another Senator.

Chamber sittings
Debate at second reading - Sep 25, 2018

During a Senate sitting on September 25, 2018, senators debated multiple bills including those related to pension plans, national security, and the Arms Trade Treaty, engaged in Question Period with the Minister of Justice, and addressed issues stemming from tornado damage in Ottawa-Gatineau.

Senator Eggleton introduced Bill S-253 at second reading in the Senate, proposing changes to the Bankruptcy and Insolvency Act to better protect pensioners' financial futures during company bankruptcies and to ensure pension plan solvency.

Debate at second reading - Nov 22, 2018

On November 22, 2018, the Senate debated several bills including those related to firearms, pension plans, and Emancipation Day, addressed issues through Question Period, and heard statements on various topics before adjourning.

During the Senate's second reading debate on Bill S-253, Senator Moncion discussed the bill's aim to prioritize unfunded pension liabilities in bankruptcies but expressed concerns about its potential negative impacts on other creditors and financial markets.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

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

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Art Eggleton
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

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