Kim Ozubko

Partner | Toronto

416.597.4338

Portrait of Kim Ozubko

Pensions: An Update from FSRA and Ontario Bill 132

With the return of the Ontario government on October 28th came the introduction of Bill 132, Better for People, Smarter for Business Act, 2019 (“Bill 132”). Bill 132 is an omnibus bill that includes amendments to a number of Ontario...

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Pensions: An Ontario Update

With the Ontario government soon to return from its summer hiatus, the A. M. Pension blog also returns. In this post, we highlight some of the developments in the area of pensions law in Ontario over the summer and early...

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Pensions Statements and Missing Former and Retired Members

Effective January 1, 2015, the Ontario Pension Benefits Act (“PBA”) was amended to require plan administrators to provide information statements to all former and retired members every two years. Administrators of plans registered with the Financial Services Commission of Ontario...

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Pensions and Benefits: The Importance of Good Drafting

Clear and concise drafting are key to the administration of any pension or benefit plan. In this post, we review two recent cases which highlight the challenges employers may face when plan terms are not clear. Ontario Superintendent of Financial...

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2019 Ontario Budget: Impact on Pensions and Benefits

On April 11, 2019, the Ontario government released its 2019 Budget: Protecting What Matters Most (the “2019 Budget”) and introduced for first reading the related Bill, Bill 100, Protecting What Matters Most Act (Budget Measures), 2019 (“Bill 100”). There were...

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2019 Federal Budget: Impact on Pensions and Benefits

On March 19, 2019, the Canadian government released its 2019 Federal Budget: Investing in the Middle Class (the “2019 Budget”). There are a number of provisions related to pensions and benefits in the 2019 Budget. In this post, we highlight...

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Benefits Update: OHIP+ and Employment Insurance Act Changes

OHIP+: Reduction in Coverage As discussed in an earlier post, effective January 1, 2018, the Ontario liberal government introduced OHIP+. OHIP+ is a program that covers the cost of more than 4400 drug products under the Ontario Drug Program for...

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Pension Plan Update: New CAPSA Guidelines

As mentioned in our February 5th blog post, the Canadian Association of Pension Supervisory Authorities (“CAPSA”) recently published a status update on a number of guidelines. In the update, CAPSA indicated that Guideline No. 8 – Defined Contribution Pension Plans Guideline...

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Pensions and Benefits: 2019 Update

Welcome to the first A.M. Pension blog post of 2019. In this post, we highlight some of the key legislative and regulatory developments in the area of pensions and benefits law in January 2019. Federal: Canada Pension Plan Effective January...

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Twelfth edition of Sale of a Business published

The 12th edition of Sale of a Business by Jennifer Babe, a partner in the Banking and Financial Services Group in Miller Thomson’s Toronto office, has now been released. One of Canada’s leading commercial law practitioners, Babe has authored this comprehensive, step-by-step...

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Pensions and Benefits Part 2: Key Case-Law Developments in Canada

As discussed at our last A.M. Pension Webinar on December 11, 2018, there have been a number of significant legislative and case-law developments in the area of pensions and benefits law in 2018. In Part I of a two-part blog...

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FSCO Targeted Reviews – An Update

As we discussed in our April post entitled “FSCO Targeted Reviews,” in late 2017, the Ontario pension regulator, the Financial Services Commission of Ontario (“FSCO”), announced that it was undertaking a series of “targeted reviews” of selected pension plans. FSCO recently...

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Pension Plans and Governance Audits

In an earlier blog post, we discussed some of the risks to sponsors and administrators of registered pension plans. In this post, we discuss pension plans and governance audits, a risk management strategy that plan sponsors and administrators can adopt....

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New Québec Restrictions on Amendments to Pension and Benefit Plans

As discussed in our last A.M. Pension webinar, the province of Québec recently enacted legislation that impacts the ability of a pension and benefit plan sponsor to amend its pension and benefit plans with respect to Québec employees. This article...

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Pension Plans: Risk Management – Part II

In our most recent blog post, we discussed some of the risks for directors, officers and other stakeholders in the administration of a registered pension plan. In this blog post, we focus on the risks to sponsors and administrators of...

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Kim Ozubko is interviewed by Canadian HR Reporter on upcoming changes to CPP

Canadian HR Reporter

The video interview discusses how employers should prepare for the upcoming CPP amendments. These will be implemented in 2019. See interview here

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Pension Plans: Risk Management – Part I

Risk management is a key element in the governance of any registered pension plan. An important first step in risk management is the identification of potential risks. In Part I of a two-part blog post, we discuss the potential areas...

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PIPEDA and the Digital Privacy Act: Part 2 – Application to Pension Plans?

As discussed in our most recent blog post, much attention has been given recently to the Digital Privacy Act[1] and the changes that will come into force later this year under the Personal Information Protection and Electronic Documents Act (“PIPEDA”)...

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PIPEDA and the Digital Privacy Act: Part 1 – Application to Pension Plans?

Much attention has been given recently to the Digital Privacy Act [1] and the changes that will come into force later this year under the Personal Information Protection and Electronic Documents Act (“PIPEDA”) [2] in respect of mandatory breach reporting and...

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Kim Ozubko comments in Benefits Canada article on division of pensions for common-law couples upon separation

Benefits Canada, "Alberta common-law couples can now divide pensions upon separation"

Until recently, Alberta common-law couples that were splitting up couldn’t divide their pension assets, even if both parties wanted to. This changed in April 2018, after the Court of Queen’s Bench of Alberta heard Lubianesky v. Gazdag. It determined the provision of...

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Missing Pension Plan Members and Unclaimed Balances

Missing or unlocatable pension plan members and unclaimed balances under registered pension plans are a significant challenge for plan administrators. On June 21, 2018, the Canadian Association of Pension Supervisory Authorities (“CAPSA”) published draft “Guideline #9: Searching for Un-locatable Members...

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Alberta: New Pension Rights for Common-law Spouses

As a result of a recent decision of the Alberta Court of Queen’s Bench, common-law spouses in Alberta now (finally) have the right to divide pension benefits on relationship breakdown. In this blog post, we discuss the change in pension...

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Age Discrimination in Benefit Plans: Ontario

In a long-awaited Interim Decision issued on May 18, 2018, the Ontario Human Rights Tribunal (the “HRTO”) found in favour of Wayne (Steve) Talos, an applicant who is over 65 years of age and who claimed that he had experienced...

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Pension Plan Communications: Be Careful What You Say

Administrators of registered pension plans are statutorily required to provide certain information to plan members and other plan beneficiaries. As the administrator of a single employer pension plan is often the employer, that obligation, therefore, falls on the employer. In...

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The New World of Ontario Defined Benefit Plan Funding

After much discussion and debate, on May 1, 2018, much of the new rules under the Pension Benefits Act (Ontario) (“PBA”) in respect of defined benefit plan funding came into effect. The changes are significant and will dramatically alter the...

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Pensions: Keep the Change

In recent years, Canadian pension standards legislation has been in, what seems to be, a constant state of change. In this blog post, we highlight some of the more significant recent and proposed legislative changes in Ontario, Québec and the...

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Medical Marijuana and Benefit Plan Coverage

As discussed at our April A.M. Pension webinar, the Nova Scotia Court of Appeal recently released its decision in Canadian Elevator Industry Welfare Trust Fund v. Skinner. In that decision, the Court of Appeal overturned the earlier decision of a...

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What’s Happening

Tom Duke, Dan Stachnik and Jill Wilkie are hosting an Occupational Health and Safety seminar on the topic, “What All Employers Need to Know” in Edmonton, AB on May 15th, 2018.  A similar seminar will be presented by Laura Mensch,...

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FSCO Targeted Reviews

In late 2017, the Ontario pension regulator, the Financial Services Commission of Ontario (“FSCO”), announced that it was undertaking a series of “targeted reviews” of selected pension plans. There have now been two FSCO targeted reviews announced with more expected...

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2018 Ontario Budget: Impact on Pensions and Benefits

On March 28, 2018, the provincial government released its 2018 Ontario Budget: A Plan for Care and Opportunity (the “2018 Budget”) and introduced for first reading Bill 31, Plan for Care and Opportunity Act (Budget Measures) (the “2018 Budget Act”)....

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New Penalties under Pension Benefits Act (Ontario)

Sponsors and administrators of Ontario registered pension plans, and financial institutions that offer locked-in plans, beware: effective January 1, 2018, the Pension Benefits Act (Ontario) (“PBA”) was amended to give the Ontario pension regulator the authority to impose administrative monetary...

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2018 Federal Budget: Impact on Pensions and Benefits

On February 27, 2018, the Canadian government released its 2018 Federal Budget: Equality and Growth for a Strong Middle Class (the “2018 Budget”). In this post, we highlight the measures in the 2018 Budget that relate to pensions and benefits....

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Changes to the Canada Pension Plan

Are you ready for the upcoming changes to the Canada Pension Plan? In 2016, the Canadian federal and provincial governments (with the exception of Quebec) agreed to amend the Canada Pension Plan (“CPP”). The changes to CPP will soon come...

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New Administrative Monetary Penalties – Pension Benefits Act (Ontario)

As discussed at our last A.M. Pension Webinar, in 2016, the Pension Benefits Act (Ontario) (“PBA”) was amended to give the Ontario pension regulator, the Superintendent of Financial Services (the “Superintendent”), the authority to impose administrative monetary penalties in certain...

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Have you Amended your Pension Plan?

As discussed at our last A.M. Pension Webinar, the Pension Benefits Act (Ontario) (“PBA”) was recently amended. In this communiqué, we briefly review those amendments. Definition of Spouse In late 2016, the Ontario government introduced Bill 28, All Families Are...

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Be careful what you say…

The case of Feldstein v. 364 Northern Development Corporation, 2016 BCSC 108 from earlier this year is a reminder to employers to be careful what they say to current and prospective employees. Mr. Feldstein had recently been provided with working...

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Good-bye ORPP (almost) – Hello CPP

On June 20th, the federal government and the provinces, except for Quebec and Manitoba, reached an agreement in principle to enhance the Canada Pension Plan (“CPP”). The enhancements will be phased-in starting on January 1, 2019. With the enhancement of...

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The Ontario Retirement Pension Plan – More Details Released

As promised in its March 2016 budget, on April 14th, the Ontario government introduced Bill 186, the Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016 (the “Bill” or the “Act”). The Bill sets out the key requirements...

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2016 Ontario Budget – Impact on Registered Pension Plans

On February 25, 2016, the Ontario government released its 2016 Budget (the “Budget”). Not surprisingly, the Budget included a number of pension related announcements. In this Communique, we review those announcements. Ontario Retirement Pension Plan (“ORPP”) As expected, the Ontario...

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The Ontario Retirement Pension Plan – An Update

As we reported in 2015, the Ontario government intends to introduce the Ontario Retirement Pension Plan (ORPP) as a supplement to the Canada Pension Plan. On January 26, 2016, the Ontario government released further information on the ORPP and renewed...

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Are you ready for the ORPP?

As has been widely reported throughout the year, the Ontario government intends to introduce the Ontario Retirement Pension Plan (the “ORPP”) as a  supplement to the Canada Pension Plan. The ORPP will apply to every Ontario employee who is not...

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Alberta and BC Pension Changes – Deadline Fast Approaching

Significant changes have recently been made to the pension standards legislation in Alberta and BC. The new Alberta Employment Pension Plans Act (“EPPA”) and related regulations came into force effective September 1, 2014 and the new British Columbia Pension Benefits...

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Pensions: An Overview of the Law

Canadian Encyclopedic Digest, Thomson Reuters

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Form trumps substance for pension benefits

The Lawyers Weekly, Vol. 31, No. 2

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Ease Funding Challenges with Letters of Credit

Benefits Canada, April 2013

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“Pension Plan Conversions – A Legal Update”

Benefits and Pensions Monitor, Volume 20, Number 8, December

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“Pension Plans and Liability in an Uncertain Economy: Are Directors and Officers at Risk?”

Canadian Corporate Counsel Vol. 18, Number 6

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