Pension Litigation, Governance & Reform

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1 January 21-22, 2010 Marriott Bloor Yorkville Toronto The Canadian Institute s 11 th Annual Advanced Forum on Pension Litigation, Governance & Reform CO-CHAIRS: Partner Koskie Minsky LLP Partner McInnes Cooper KEYNOTE PANEL ON CANADIAN PENSION LAW REFORM Bob Baldwin Expert Commission on Pensions (Ontario) Christopher A. Brown Alberta Co-Chair, Alberta-British Columbia Joint Expert Panel on Pension Standards Ronald A. Pink, Q.C. Founding and Managing Partner Pink Breen Larkin Pension Review Panel (Nova Scotia) Sponsored by: GET CRITICAL UPDATES AND INSIGHTS FROM CANADA S LEADING EXPERTS TO HELP YOU: UNDERSTAND the most important new developments in case law from the past year GET UP TO DATE on the latest pension regulatory developments LEARN what pension law reform is being implemented across Canada STEER CLEAR of problems and pitfalls in DB and DC plan governance NEW TOPICS FOR 2010! TAKE ADVANTAGE of new solvency funding relief measures GAIN relief from pension obligations in insolvency proceedings UTILIZE the latest trends in pension design to recover from the recession MANAGE critical pension issues in distressed mergers and acquisitions DON T MISS OUR ESSENTIAL PRE-CONFERENCE WORKSHOP: See details inside Pension Investing in 2010: Key Risk Management Strategies to Keep You Out of Trouble Register Now CanadianInstitute.com/pension

2 Do You Have the Latest Strategies to Help You Recover from the Recession? Canadian pension plans are facing the most serious challenges in decades. Companies are scrambling to figure out how to meet their pension commitments and retirees are seeking ways to recover their losses from pension plans. To reduce the risk of costly litigation, pension plan professionals and their advisors must be up to speed on the latest developments related to pension. At The Canadian Institute s 11 th Annual Advanced Forum on Pension Litigation, Governance & Reform conference, you will get the key updates and practical guidelines you need to tackle serious legal challenges and minimize your risk of liability. Our distinguished panel of leading industry experts will provide you with solutions to your most pressing concerns, including: New solvency funding relief measures: How can employers take advantage of them? Meeting your pension obligations: What relief can employers get in insolvency proceedings? Using of the latest trends in pension design to recover from the recession Discovering what pension law reform is being implemented across Canada Minimizing your risk exposure: Keeping on top of the latest developments in pension case law Plus, attend our new pre-conference workshop on Pension Investing in 2010: Key Management Strategies to Keep You Out of Trouble. Register now! Don t miss out on your opportunity to get up-to-date by calling The Canadian Institute at or by registering online at We look forward to seeing you at the conference in February! A MUST ATTEND EVENT FOR: Pension Lawyers and In-House Counsel Pension Plan Sponsors, Administrators and Managers Directors and Managers of Pensions & Benefits Members of Pension Boards and Pension Plan Investment Committees Pension Fund Investment Specialists This program has been accredited by the Law Society of Upper Canada towards the professional development requirement for certification. Conference: Civil Litigation Intermediate 10 hours Corporate & Commercial Law Intermediate 10 hours Workshop: Business Managers of Unions HR Directors and Vice-Presidents Financial Officers and Directors Provincial and Federal Pension Regulators Advocates for Retirees Pension Consultants Civil Litigation Intermediate 2.5 hours Corporate & Commercial Law Intermediate 2.5 hours DISTINGUISHED FACULTY CO-CHAIRS Partner, McInnes Cooper SPEAKERS Bob Baldwin Expert Commission on Pensions (Ontario) Christopher A. Brown Co-Chair of the Alberta-British Columbia Joint Expert Panel on Pension Standards (Alberta) Elizabeth M. Brown Partner Hicks Morley Hamilton Stewart Storie LLP Joseph Connolly Investment Consultant, Morneau Sobeco Mitch Frazer Partner, Torys LLP Caroline Helbronner Partner, Blake, Cassels & Graydon LLP Evan Howard Stephanie J. Kalinowski Partner, Hicks Morley Hamilton Stewart Storie LLP Michael Mazzuca Peter McLellan, Q.C. Partner, Stewart McKelvey Kevin Moriarty Principal, Mercer (Canada) Limited Gary Nachshen Partner, Stikeman Elliott LLP Mary Picard Partner, Fraser Milner Casgrain LLP Ronald A. Pink, Q.C. Founding and Managing Partner Pink Breen Larkin Pension Review Panel (Nova Scotia) Susan G. Seller Partner, Bennett Jones LLP Jana Steele Partner, Goodmans LLP Larry Swartz Principal, Morneau Sobeco

3 DAY 1 JANUARY 21, :00 Registration Opens Coffee Served 8:45 Opening Remarks from the Co-Chairs Partner, McInnes Cooper 9:15 Assessing the Impact of Pension Reform Initiatives in Canada: Pan-Canadian Pension Law Reform Panel Discussion Bob Baldwin Expert Commission on Pensions (Ontario) Christopher A. Brown Co-Chair of the Alberta-British Columbia Joint Expert Panel on Pension Standards (Alberta) Ronald A. Pink, Q.C. Founding and Managing Partner, Pink Breen Larkin Pension Review Panel (Nova Scotia) Last fall, the Ontario Expert Commission on Pensions, the Alberta/ British Columbia Panel on Pensions, and the Nova Scotia Pension Review Panel issued reports recommending the most comprehensive regulatory and policy review since the 1980 s. Find out from this exciting expert panel which recommendations are being implemented and how these dramatic changes will impact your business. Discovering which recommendations are being implemented and which ones are not What will be the impact of these reforms on pension plan sponsors? How are economic developments affecting the implementation of the recommendations? Examining new pension reform initiatives in Manitoba and Newfoundland 10:30 Networking Refreshment Break 10:45 Critical Cross-Canada Pension Case Law and Regulatory Updates: What You Need to Know Now about The Kerry Decision and More Partner, McInnes Cooper A favorite session every year this is your best opportunity to get up-todate on the latest case law and regulatory developments and find out how these changes will infl uence your business. Learn the latest from two of the Canada s leading pension lawyers. Analyzing the most important legal decisions of the past year including the Supreme Court of Canada decision in Nolan v. Kerry - top tips for charging expenses to the pension plan - key considerations when making use of surplus pension assets Examining current trends in Canadian pension litigation and how to minimize your risk exposure Assessing other recent legislative and regulatory developments: How are they impacting pension plan sponsors? 12:00 Networking Luncheon 1:15 Using the Latest Trends in Pension Plan Design to Remain (or Become) Solvent Caroline Helbronner Partner, Blake, Cassels & Graydon LLP Evan Howard Critical update on solvency funding relief: - what federal and provincial regulations have been implemented? - how can pension plan sponsors take advantage of these new measures? - maximizing the value of solvency funding relief - understanding the potential impact of various elections and issues Analyzing current legislative and judicial requirements related to solvency deficiencies What are your options and legal obligations when your fund has a solvency deficiency? Comparing and contrasting the respective solvency requirements, challenges and opportunities of: - defined benefit pension plans - defined contribution pension plans - hybrid pension plans Minimizing your risk exposure when changing design: Ensuring compliance with: - the pension plan - collective agreements Examining the trend of moving from DB to DC to minimize employer risks and cut costs Key considerations in deciding whether to modify your pension plan to focus on DC plans What are the best governance practices for converting from DB to DC? Supplemental Employee Retirement Plans: When should you offer a SERP to meet your pension obligations to plan members? - for whom is a SERP appropriate? - plan design and funding considerations particular to SERPs - modifying or terminating a SERP - analyzing and minimizing tax implications - when do you have to register a SERP? 2:15 Networking Refreshment Break 2:30 Governance and Financial Risk Management for Pension Plans: Best Practices Kevin Moriarty Principal, Mercer (Canada) Limited Understanding the impact of interest rates on solvency Managing the effect of equity investments on solvency and on contribution levels Key considerations in formulating a plan sponsor s risk budget: Tolerance for contribution variability and more What is the role of asset liability modeling? Defining and ensuring you are meeting the applicable standard of care 3:30 Strategies for Effective Communication in Turbulent Times: Minimizing Risk When Changing Plan Design or Offering Investment Choice Susan G. Seller Partner, Bennett Jones LLP

4 Communications regarding changes in plan design Identifying legal risks in communicating changes in plan design What information must you communicate to plan members? How much notice must you give for changes to the plan? What is the best method of communication? What are your legal risks if communication is inadequate or erroneous? Communicating with high risk groups: What are your obligations? Reducing the threat of litigation: Best practices for pension communications Communications regarding investment choice in DC Plans What are your legal risks and responsibilities regarding communication of investment information and choice? What do the CAP Guidelines require? Preparing your administrative and governance systems to accommodate different investment choices made by DC plan members What is a reasonable number of investment options to offer to employees? Formulating an effective investment communication strategy: Practical guidelines Effectively communicating risk and return associated with different investment options 4:30 Concluding Remarks from the Co-Chairs 8:30 Coffee Served DAY 2 JANUARY 22, :00 Opening Remarks from the Co-Chairs 9:15 Properly Managing Pension Risks in Insolvencies and Restructurings: Minimizing Legal Actions from Retirees and Plan Members Elizabeth M. Brown Partner, Hicks Morley Hamilton Stewart Storie LLP Gary Nachshen Partner, Stikeman Elliott LLP What kind of relief can pension plan sponsors get under CCAA? - examining recent CCAA amendments to facilitate compromise in pension funding Analyzing recent case law on payments to pension plans during restructuring: Nortel and Abitibi Best governance practices for properly managing pension plans in an insolvency crisis - what can employers do to trim costs in the downturn and what are the potential risks? - what changes to pension plans can employers make if they give enough notice? Retiree rights: Exploring critical issues - altering retiree rights: how can you best manage this sensitive issue? - what are retirees rights and standing to dispute changes that employers want to implement? How are pension plan members asserting their rights in insolvency proceedings? Overcoming pension funding challenges during CCAA protection and following restructuring What relationship should trustees, receivers and monitors have with labour unions during restructuring? What is the role of FSCO? What is the future of the Pension Benefits Guarantee Fund? 10:15 Networking Refreshment Break 10:30 Navigating the Complexities of Pension Issues in the Employment Context Stephanie J. Kalinowski Partner, Hicks Morley Hamilton Stewart Storie LLP What are the rules governing pension issues for discharged employees? - what are the employer s obligations on termination of pension plan membership? - how long must pension plan contributions be continued after employment ends? - must they be paid during the notice period? - what written documentation must be provided to the employee? When will the extent of a downsizing or restructuring require a partial wind up of the plan? What are the pension implications of the Wage Earner Protection Program and the amendments to the Bankruptcy and Insolvency Act? When will these apply? Key guidelines for ensuring severance packages adequately address pension issues Analyzing the latest employment termination case law impacting pensions How do you handle pension adjustments for retirees who are going back to work? What are the pension implications of the end of mandatory retirement? - how can you offer early retirement incentives and avoid human rights claims? - best practices to minimize liability in this area 11:15 Distressed Mergers and Acquisitions and Restructurings: Your Guide to Managing Pension Risks in Corporate Transactions Mitch Frazer Partner, Torys LLP Jana Steele Partner, Goodmans LLP As the number of distressed companies increases as a result of the current market conditions, many companies are turning to M&A to survive and to recover. In this session, learn how to adeptly handle the many and complex pension issues arising in distressed mergers and acquisitions: Identifying and understanding key pension issues arising in distressed M&A What are the regulatory requirements associated with pensions in mergers and acquisitions? Meeting your pre-transaction due diligence requirements Evaluating your options and obligations in complex corporate transaction or restructurings Ensuring pension plans are properly managed during corporate change Key strategies for the successful conversion of pension plans Deciding whether to merge the pension plans: Key factors and consequences to consider Handling asset and liability transfers Recognizing and dealing with critical pension issues in cross-border M&A 12:15 Networking Luncheon

5 1:30 Critical Cost Considerations Pension Litigation: What are the Risks and Rewards? Peter McLellan, Q.C. Partner, Stewart McKelvey Getting up-to-date on emerging case law on pension litigation cost awards: Post-Michelin Examining the cost risks for plan members when they sue the plan sponsor How are costs calculated? How sizeable are recent awards? When might costs be awarded against an individual plaintiff? When might costs for litigation be payable from the pension plan? Assessing the impact of cost awards on pension litigation: Plaintiff and defense responses Cost awards at the Financial Services Tribunal: Recent trends 2:15 Networking Refreshment Break 2:30 The Latest Legal Developments Concerning Multi-Employer Pension Plans (MEPPs) Mary Picard Partner, Fraser Milner Casgrain LLP Exploring the latest legal developments regarding MEPPs - Canadian Commercial Workers Industry Pension Plan ( CCWIP ) litigation - Participating Co-ops litigation - Quebec s Multi-Marque litigation and Bill 68 Who should be concerned about these lawsuits? Why? What is happening with MEPPs that have Quebec employees? Examining the unique features, design and operation of MEPPs Critical issues advisors must raise with employers who are considering joining a MEPP Overcoming serious challenges posed by MEPPs in today s economic climate 3:15 Gaining Clarity on the Rules Governing Multi Jurisdictional and Cross Border Pension Plan Issues Michael Mazzuca Larry Swartz Principal, Morneau Sobeco Getting up-to-date on the latest case law related to multijurisdictional and cross border plans What is the status of the Canadian Association of Pension Supervisory Authorities (CAPSA) Agreement Respecting Multi-Jurisdictional Pension Plans? How will it address: - determination of the major authority? - conflicts of law? - asset allocation? Sorting out jurisdictional issues and determining where to register the plan Ensuring you are meeting the additional fiduciary obligations for cross border and multi-jurisdictional plans 4:15 Closing Remarks from the Co-Chairs PRE-CONFERENCE WORKSHOP JANUARY 20, :00-5:00 p.m. (registration opens at 1:30) Pension Investing in 2010: Key Risk Management Strategies to Keep You Out of Trouble Joseph Connolly Investment Consultant, Morneau Sobeco Larry Swartz Principal, Morneau Sobeco Key provincial and federal pension fund investment rules What are the key compliance challenges with these rules? How can you manage them? What are the potential risks and liabilities of investment managers, consultants, advisors and trustees? What is prudent investment? What controls should you have in place? What is due diligence for investment decisions? Designing investment options to reduce the risk of litigation Steering clear of legal troubles: Adopting best practices Weighing your risk of litigation from beneficiaries over pension fund investing Examining claims against sponsors for failing to provide adequate investment choices Class action lawsuits alleging imprudent investment practices: Who is at risk? For what decisions? Minimizing costs and liabilities over improper investments: Practical guidelines Analyzing key issues in alternative investing - balancing acceptable risk against return on investment - when can you consider non-financial criteria, such as Socially Responsible Investing? - how are pension funds addressing the challenges and investment opportunities from climate change? - how has the current recession affected the attitudes of pension funds to responsible investment? SPONSORSHIP & EXHIBITION OPPORTUNITIES Maximize your organization s visibility in front of key decision-makers in your target market. For more information, contact Senior Business Development Executive Andrew Thompson at ext. 232, toll-free ext. 232 or by at a.thompson@canadianinstitute.com Enhance your meetings and add to your bottom line by offering audience response solutions from Turning Technologies Canada, the global leader in audience response technology. The first choice of presenters everywhere, our simple, intuitive, polling products add engagement, encourage interaction, collect valuable data and provide instant feedback in meetings and events using RF or web-based devices. Invest in workplace training and employee development with the press of a button. Visit us at The Canadian Institute s Green Initiatives: EFFORTS What are we doing to reduce the environmental impact of hosting conferences across Canada? PARTNERS We print all brochures with The Canadian Institute s Environmentally Tri-Certified The Canadian Institute, in partnership with Zerofootprint, is pleased (FSC, PEFC, SFI) Print Partner to announce a program that will allow attendees to contribute to the reduction of carbon emissions associated with our events. For only $5 We have reduced paper print and use by more than 25% over the past year you can offset your contribution and support tire recycling projects in We provide webcast options for individuals unable to travel to our events Canada. For more information visit We encourage our delegates to recycle their conference badges We also work very closely with all conference venues to reduce, reuse and recycle The Canadian Institute, 2009

January 21-22, 2010 Marriott Bloor Yorkville Toronto Top Reasons to Attend The Canadian Institute s 11 th Annual Advanced Forum on Pension Litigation, Governance & Reform Learn the latest on solvency

6 January 21-22, 2010 Marriott Bloor Yorkville Toronto Top Reasons to Attend The Canadian Institute s 11 th Annual Advanced Forum on Pension Litigation, Governance & Reform Learn the latest on solvency funding relief Discover the best strategies to recover from the recession Properly manage pension issues in insolvency Get up-to-date on key case law and legislative developments To expedite your registration, please mention your Priority Service Code 373L10.INH REGISTRATION FORM ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Counsel, Partner, Pension Director or Manager, Board/Committee Member, Actuary 5 EASY WAYS TO REGISTER Phone: or Fax: or CustomerService@CanadianInstitute.com Mail: The Canadian Institute 1329 Bay Street Toronto, Ontario M5R 2C4 Online: STEP 3 STEP 2 STEP 1 CONFERENCE CODE: 373L10-TOR YES! Please register the following delegate for the 11 th Annual Advanced Forum on Pension Litigation, Governance & Reform FEE PER DELEGATE Register & Pay by Dec. 24, 2009 Register & Pay after Dec. 24, 2009 Conference Only $ % GST = $ $ % GST = $ Conference + Workshop $ % GST = $ $ % GST = $ Conference participants will receive a CD-ROM of the conference materials as part of their registration fee. Please add a copy of the *Conference Proceedings (BINDER) to my order for $195 + $21.95 (S&H) + (applicable taxes) *Published and shipped within 4 weeks from conference I cannot attend but would like information regarding the live webcast of this event. I cannot attend but would like information regarding conference materials. Yes, I would like to reduce the environmental impact of my attendance by contributing $5.00 to support tire recycling projects in Canada. CONTACT DETAILS NAME POSITION ORGANIZATION ADDRESS CITY PROVINCE POSTAL CODE TELEPHONE FAX TYPE OF BUSINESS NO. OF EMPLOYEES APPROVING MANAGER POSITION PAYMENT Please charge my VISA MasterCard AMEX NUMBER EXPIRY SIGNATURE I have enclosed my cheque for $ including GST made payable to The Canadian Institute (GST No. R ) For group discounts please call Wire Transfer ($CAD) Please quote the name of the attendee(s) and the conference code 373L10 as a reference. Beneficiary: The Canadian Institute Bank Name: HSBC / Account #: Address: 150 Bloor St, Suite M100, Toronto, ON Swift Code: HKBCCATT / Branch #: ADMINISTRATIVE DETAILS VENUE: MARRIOTT BLOOR YORKVILLE ADDRESS: 90 BLOOR STREET EAST, TORONTO,ON. TEL.: Hotel Reservations For information on hotel room availability and reservations, please contact Marriott Bloor Yorkville at When making your reservation, please ask for The Canadian Institute s Corporate Rate. Program Materials Conference participants will receive a comprehensive set of conference materials prepared by the speakers, as an excellent reference source after the conference. If you have paid and are unable to attend, the conference materials will be shipped to you upon request only. Request must be received within 30 days upon conclusion of the conference. Payment Policy Payment must be received in full by the conference date to ensure admittance. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization. Cancellation and Refund Policy You must notify us by at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not share a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify The Canadian Institute in writing no later than 10 days prior to the conference date and a credit voucher will be issued to you for the full amount paid. Credit Vouchers are valid for 1 year and are redeemable against any other conference by The Canadian Institute. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. The Canadian Institute reserves the right to cancel any conference it deems necessary and will, in such event, make a full refund of any registration fee, but will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by The Canadian Institute for changes in program date, content, speakers or venue. Incorrect Mailing Information To advise us of changes to your contact information, please send amendments by Fax to or us at Data@ CanadianInstitute.com or visit our website and click on update your customer information.

Natural Resources. Risk Management and Practical Tips for Disclosure Obligations During an Economic Downturn. New for 2009!

Natural Resources. Risk Management and Practical Tips for Disclosure Obligations During an Economic Downturn. New for 2009! May 28 & 29, 2009 Marriott Bloor Yorkville Hotel, Toronto The Canadian Institute s rd annual conference on Reporting for Natural Resources Risk Management and Practical Tips for Disclosure Obligations