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Pension law and regulation is complex, technical and, to the unwary, a minefield of potential liability. The list of “need-to-know” topics seems endless, and those who advise on pension matters need to be aware of additional potential issues, such as employment law and human rights considerations.

As a lawyer, pensions professional, CFO, HR manager, consultant, or executive sitting on a pension committee, you may be called upon to give advice on or make decisions regarding pension-related issues. It is critical for you to have an understanding of the key issues and their implications.

Now in its sixth year, the OsgoodePD Certificate in Pension Law was developed to provide a comprehensive overview and analysis of the major areas of pension law and practice. This unique program,  taught by leading experts in the pension field, will equip you with the knowledge and the practical strategies you need in your day-to-day work.

This program will cover:

  • The role of pensions in the retirement savings system
  • A review of the federal and provincial regulatory framework
  • Pensions and the employment relationship – key areas of concern
  • The funding and investment principles for pension plans
  • Pension plan governance and risk management
  • Defined benefit to defined contribution plan conversions – key legal and structural considerations
  • Multi-employer pension plans and other multi-employer arrangements
  • The treatment of pensions in corporate transactions and restructurings
  • Pension litigation – the landmark cases and the emerging issues
  • Essential updates about important pension reform initiatives across Canada

Faculty

Chairs

  • Mark Newton, Newton HR Law
  • Jeffrey Sommers, Blake, Cassels & Graydon LLP

Advisory Board

  • David Gordon, Deputy Superintendent, Pensions, Financial Services Commission of Ontario (retired)
  • Janet Downing, Lawyer/Senior Consultant, Towers Watson (retired)
  • Malcolm Hamilton, Senior Fellow, C.D. Howe Institute
  • John M. Solursh, Member, Financial Services Tribunal of Ontario; Partner Emeritus Pension and Employee Benefits Group, Blake, Cassels & Graydon LLP
  • John Poos, Vice President, Pensions and Benefits George Weston Ltd. and Loblaw Companies Ltd.
  • Mark Zigler, Koskie Minsky LLP
  • Tracy Abel, Vice President, Client Services, Ontario Teachers’ Pension Plan
  • Keith Ambachtsheer, Director Emeritus, Rotman International Centre for Pension Management, Rotman School of Management, University of Toronto and President and Founder, KPA Advisory Services Ltd.
  • Andrea Boctor, Stikeman Elliott LLP
  • Jessica Bullock, Davies Ward Phillips & Vineberg LLP
  • Natalie Bussière, Blake, Cassels & Graydon LLP
  • John D. R. Craig, Fasken Martineau DuMoulin LLP
  • Scott Cushing, Principal, Mercer
  • Karen DeBortoli, Director, Pension & Benefit Research, Eckler Ltd.
  • Mark Eagles, Principal, Mercer
  • Mark Firman, McCarthy Tétrault LLP
  • Lorraine Gignac, Principal, Mercer
  • Lewis Gottheil, Law Office of Lewis Gottheil
  • Andrew J. Hatnay, Koskie Minksy LLP
  • Evan Howard, Director of Policy, CAAT Pension Plan
  • Terra L. Klinck, Hicks Morley Hamilton Stewart Storie LLP
  • Sean Maxwell, Blake, Cassels & Graydon LLP
  • Mark Newton, Newton HR Law
  • Susan Nickerson, Torys LLP
  • Susan Philpott, Koskie Minsky LLP
  • Mary M. Picard, Dentons Canada LLP
  • John Poos, Vice President Pensions and Benefits, George Weston Ltd. And Loblaw Companies Ltd.
  • Douglas Rienzo, Osler, Hoskin & Harcourt LLP
  • Susan G. Seller, Bennett Jones LLP
  • Anne Slivinskas, Associate General Counsel and Director, Pension Law and Policy Group, Ontario Teachers’ Pension Plan
  • Jeffrey Sommers, Blake, Cassels & Graydon LLP
  • Scott Sweatman, Dentons Canada LLP
  • Deron Waldock, Senior Vice President, Canadian Legal Consulting Practice, Aon Hewitt
  • David Wentzell, McMillan LLP
  • Bethune Whiston, Partner, Morneau Shepell

Agenda

  • Module 1 - The Osgoode Certificate in Pension Law

    February 2, 2016, 9:00 a.m. – 4:30 p.m.

    The Retirement Savings System

    • Saving and investing over the life cycle – the role of pensions
    • Registered Pension Plans
      • defined benefit
      • defined contribution
      • multi-employer
      • jointly sponsored
      • public sector
    • Canada/Quebec Pension Plan and OAS
    • Supplementary Pension Plans
    • Tax-Assisted Non-Pension Retirement Savings Plans
    • Regulatory framework – principal areas of legislation
      • pension legislation
      • income tax legislation
      • commodity tax legislation
      • employment standards
      • human rights
    • Trust principles and emerging case law on fiduciary obligations
    • Overview of taxation of pension plans and retirement savings plans: the integrated system of tax assisted retirement savings – how pension plans and RRSPs work together under income tax laws
    • Best practices and innovation in plan administration and service

    Keynote Luncheon Address

    Keith Ambachtsheer, Director Emeritus, Rotman International Centre for Pension Management, Rotman School of Management, University of Toronto and President and Founder, KPA Advisory Services Ltd.

    Faculty

    • Mark Eagles, Principal, Mercer
    • Mark Newton, Newton HR Law
    • Deron Waldock, Senior Vice President, Canadian Legal Consulting Practice, Aon Hewitt
    • David Wentzell, McMillan LLP
    • Tracy Abel, Vice President, Client Services, Ontario Teachers’ Pension Plan
  • Module 2 - The Osgoode Certificate in Pension Law

    February 9, 2016, 9:00 a.m. – 4:15 p.m.

    Pensions and the Employment Relationship / Pensions in Corporate Transactions and Restructuring

    • Pensions in collective bargaining
      • employer-union-employee relationship
      • incorporation of pension plan into a collective agreement
      • jurisdictional issues: arbitrator, pension regulator, courts
    • Structure and purpose of a deal
    • Share and asset transactions
    • Division or merger of pension plans (DB/DC)
    • Due diligence
      • plan documents
      • actuarial reports
      • accounting reports, financial statements
    • Reps, warranties, covenants and indemnities

    Faculty

    • Jessica Bullock, Davies Ward Phillips & Vineberg LLP
    • John D.R. Craig, Fasken Martineau DuMoulin LLP
    • Lewis Gottheil, Law Office of Lewis Gottheil
    • Susan Nickerson, Torys LLP
    • Douglas Rienzo, Osler, Hoskin & Harcourt LLP
  • Module 3 - The Osgoode Certificate in Pension Law

    February 16, 2016, 9:00 a.m. – 4:00 p.m.

    Assets and Liabilities: The Funding and Investment of Pension Plans

    • Funding requirements in pension and income tax legislation
    • Types of actuarial reports
    • Basic actuarial principles, assumptions and methods
    • Going concern funding, solvency funding, wind-up funding
    • Pension accounting, financial statements
    • Pension investment principles
    • Regulatory requirements and reform of pension fund investment regulations
    • Relevance of income tax restrictions to investments by pension funds
    • Prudent person
    • Risk management
    • Investment strategies
    • Asset liability studies
    • Conversion of DB to DC – legal and structural considerations
    • Different types of DC plans and administration/communication challenges with DC plans
    • MEPPS and other multiple employer plans

    Faculty

    • Scott Cushing, Principal, Mercer
    • Mark Firman, McCarthy Tétrault LLP
    • Lorraine Gignac, Principal, Mercer
    • John Poos, Vice President, Pensions and Benefits, George Weston Ltd. and Loblaw Companies Ltd.
    • Jeffrey Sommers, Blake, Cassels & Graydon LLP
  • Module 4 - The Osgoode Certificate in Pension Law

    February 24, 2016, 9:00 a.m. – 4:15 p.m.

    Pensions in the Corporate Transactions and Restructuring (continued) / Pensions and the Employment Relationship (continued)

    • Pensions in the non-union workforce
      • basic principles of the employment relationship
      • pensions as part of total compensation
      • changing terms of employment
      • termination of the employment relationship
    • Employment standards and human rights considerations
    • The different insolvency or restructuring mechanisms and how they impact on pension plans – restructuring, financing, receivership, bankruptcy
    • CCAA, BIA
    • PBGF

    Faculty

    • Andrea Boctor, Stikeman Elliott LLP
    • Andrew J. Hatnay, Koskie Minsky LLP
    • Terra L. Klinck, Hicks Morley Hamilton Stewart Storie LLP
    • Sean Maxwell, Blake, Cassels & Graydon LLP
    • Susan Philpott, Koskie Minsky LLP
  • Module 5 - The Osgoode Certificate in Pension Law

    March 2, 2016, 9:00 a.m. – 4:45 p.m.

    Pension Governance and Risk Management

    • Basic principles
    • Statutory framework
    • Common law principles
    • Types of risk
    • Governance models: single employer; multi-employer; new model
      • jointly governed target benefit plan
    • Governance policies (funding, expenses, record keeping, etc.)
    • Agents and service providers
    • Special considerations for DB plans and DC plans

    Faculty

    • David L. Miller, General Counsel and Senior Vice President, Governance, Healthcare of Ontario Pension Plan
    • Mary M. Picard, Dentons Canada LLP
    • Susan G. Seller, Bennett Jones LLP
    • Anne Slivinskas, Associate General Counsel and Director, Pension Law and Policy Group, Ontario Teachers’ Pension Plan
    • Bethune Whiston, Partner, Morneau Shepell
  • Module 6 - The Osgoode Certificate in Pension Law

    March 9, 2016 , 9:00 a.m. – 4:00 p.m.

    Pension Reform

    Pension law across Canada has undergone major transformations in recent years. In this final module, experts from across Canada will review the new regimes and explain the significance of those changes for all pension specialists.

    • The Pension Benefits Standards Act and what it means for pension law in British Columbia and Alberta
    • The distinctiveness of the Quebec pension law regime, including the role of pension committees, solvency funding extensions and the different treatment of multi-employer pension plans
    • Jointly-Sponsored Pension Plans and Ontario Public Sector Pensions

    Faculty

    • Natalie Bussière, Blake, Cassels & Graydon LLP
    • Karen DeBortoli, Director, Pension & Benefit Research, Eckler Ltd.
    • Evan Howard, Director of Policy, CAAT Pension Plan
    • Scott Sweatman, Dentons Canada LLP

    Note: There will be a take-home assignment at the end of Module 6.

Fees

Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 6 days of the program. The price does not include accommodations. Please inquire about group discounts and financial assistance. Dress is business casual.

Program Changes

We will make every effort to present the certificate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Cancellations and Substitutions

If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after January 12, 2016 will include an administration charge of $700. No refunds will be issued after the program commences. Non-attendance or withrawal after the program start date will incur a full program fee. Payment must be received by January 25, 2016.

Program Lawyer

If you have any questions or would like more information please contact:
Stéphane McRoberts
smcroberts@osgoode.yorku.ca

Program Details

Date & Time

February 2, 9, 16 & 24, March 2 & 9, 2016
(6 modules)

Location

Osgoode Professional Development Centre,
1 Dundas St. W., 26th Floor Toronto, ON

Fee per Delegate

$3,795 plus HST

Registration for this program is now closed.

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • Pension lawyers in private practice
  • Pension plan administrators, managers and sponsors
  • In-house counsel
  • Members of pension boards and investment committees
  • Financial officers and directors
  • HR directors, managers and vice presidents
  • Pension and benefit consultants
  • Investment and compensation consultants
  • Counsel and staff at provincial and federal pension regulators
  • Advocates for retirees
  • Family lawyers and labour & employment lawyers who need a better understanding of pension issues

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