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
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.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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
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
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
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 textParliamentary Process
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.
This record details the first reading of Bill S-253 in the Senate on September 18, 2018. This is a procedural step where the bill is formally introduced to the chamber. The bill was later introduced for second reading on September 25, 2018, with debates occurring on November 22, 2018. The bill concerns amendments to the Bankruptcy and Insolvency Act and other related Acts and Regulations concerning pension plans.
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.
On September 18, 2018, the Senate of Canada held a sitting where several items of business were addressed. A new senator, the Honourable Julie Miville-Dechêne, was introduced and took her oath. Several reports were tabled, including those from the Parliamentary Budget Officer and the Privacy Commissioner. The Senate also proceeded with the first reading of Bill S-253, an Act to amend the Bankruptcy and Insolvency Act and other Acts and Regulations concerning pension plans. This bill was introduced by Senator Art Eggleton and was placed on the Orders of the Day for second reading. The sitting also included discussions on the Trans Mountain pipeline, Bill C-69 (An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act), and other matters. The debate on Bill S-253 itself was not part of this particular sitting's record, as this artifact only covers the first reading.
Bill S-253 is currently undergoing debate at the second reading stage in the Senate, with speeches delivered by the sponsor and another Senator.
This artifact details the progress of Bill S-253 at the second reading stage in the Senate. The second reading debate began on September 25, 2018, and a debate occurred on November 22, 2018. The sponsor's speech was given on September 25, 2018, and a response speech was given on November 22, 2018. The stage is not yet completed.
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.
On September 25, 2018, the Senate convened for a sitting that included routine proceedings, orders of the day, and question period. The sitting began with a moment of silence and expressions of sympathy regarding tornado damage in the Ottawa-Gatineau region. Several senators made statements on various topics including rural museums, Franco-Ontarian Day, Gender Equality Week, National Coaches Week, and the opening of Senator Joyce Fairbairn Middle School. The Senate also received committee reports and tabled documents. The bulk of the sitting involved debates and adjournments on various bills, including Bill C-47 (Arms Trade Treaty), Bill C-59 (national security), Bill S-213 (Senate Speakership), Bill S-244 (Kindness Week), Bill S-246 (Borrowing Authority Act), and Bill S-253 (pension plans). Question Period featured the Minister of Justice and Attorney General addressing inquiries on oral fluid drug screen devices, legalization of cannabis, the notwithstanding clause, expungement of historically unjust convictions, the Ombudsman for Victims of Crime, Indigenous rights framework, mandatory minimum penalties, and the Court Challenges Program. The sitting concluded with further debate on Senate modernization, adoption of a report on forced adoptions, and debate on the Phoenix pay problem.
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.
During the Senate's second reading debate on Bill S-253, an Act to amend the Bankruptcy and Insolvency Act and other Acts and Regulations concerning pension plans, Senator Art Eggleton presented the bill. He highlighted the financial risks faced by pensioners in past corporate bankruptcies, citing the cases of Nortel and Sears Canada. The bill aims to protect pensioners by giving their claims equal footing with owed wages in bankruptcy proceedings and by giving the Superintendent of Financial Institutions the power to restrict dividend payments or share buy-backs if a pension plan is underfunded. The debate included questions and discussions about the bill's potential impact on lenders, the necessity of protecting pensioners, and comparisons to international regulations.
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.
On November 22, 2018, the Senate convened. The sitting included statements on the late Shimun Michel, Sr., visitors in the gallery, World Soils Day, Martin Gray, and the late Gaétan Gervais. Routine proceedings saw committee reports tabled and notices of motions given regarding adjournment and committee meetings. Question Period addressed topics such as the Fall Economic Statement, tariffs, Dubai Expo 2020, greenhouse gas emissions, recidivism rates, official languages, and Canada-Saudi Arabia relations. The Senate then proceeded to Orders of the Day. The adjournment motion was adopted. Third reading was given to Bill C-62, an Act to amend the Federal Public Sector Labour Relations Act. Debate continued on the second reading of Bills C-71 (firearms), S-228 (food and drug marketing to children), S-249 (national strategy for the prevention of domestic violence), S-253 (Bankruptcy and Insolvency Act and pension plans), and S-255 (Emancipation Day). Second reading and referral to committee occurred for Bill C-377 (electoral district name change). Debate was adjourned on Bill C-402 (electoral district name changes). Debate continued on the first report of the Special Senate Committee on Senate Modernization and an inquiry on beneficial ownership transparency. Debate also continued on an inquiry regarding the decimation of Atlantic salmon spawning grounds. A motion was adopted to allow the Standing Senate Committee on Fisheries and Oceans to deposit a report during an adjournment. Debate was adjourned on a motion to authorize the Standing Senate Committee on National Finance to study public assistance to multinational companies. A motion reaffirming the importance of official languages in light of cuts to French services in Ontario was debated. A committee was authorized to meet during a sitting, and a notice of motion regarding a committee meeting was withdrawn. The Senate then adjourned.
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.
This artifact is a record of debate in the Senate on November 22, 2018, concerning Bill S-253, an Act to amend the Bankruptcy and Insolvency Act and other Acts and Regulations (pension plans). During the debate, Senator Lucie Moncion spoke about the bill's purpose to protect pension plan members in case of employer bankruptcy. She explained that the bill proposes to give unfunded pension plan liabilities priority status in bankruptcy proceedings, ahead of secured creditors like banks. However, she raised concerns that this change could negatively impact other creditors, such as salaried workers with claims exceeding $2,000, and potentially destabilize financial markets. She also questioned whether employees fully understand the risks associated with defined benefit pension plans and suggested stricter financing rules and a public insurance fund for these plans. The debate on Bill S-253 was not completed and was adjourned.
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
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