ARTICLE
14 February 2014

Ontario Proposes Exempting U.S. Government Securities From The 10% Quantitative Diversification Limit Under Pension Law

BL
Borden Ladner Gervais LLP
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BLG is a leading, national, full-service Canadian law firm focusing on business law, commercial litigation, and intellectual property solutions for our clients. BLG is one of the country’s largest law firms with more than 750 lawyers, intellectual property agents and other professionals in five cities across Canada.
The Government of Ontario has proposed an amendment to the Regulation to the "Pension Benefits Act" (Ontario).
Canada Employment and HR
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The Government of Ontario has proposed an amendment to the Regulation to the Pension Benefits Act (Ontario) (the PBA Regulation) that would modify the quantitative investment limit contained in Schedule III to the Pension Benefits Standards Regulations, 1985 (Canada) (Schedule III) that is incorporated into Ontario pension legislation.

Subsection 9(1) of Schedule III prohibits the administrator of a pension plan from directly or indirectly investing or lending more than 10% of the book value of the assets of the pension fund in or to any one person, two or more associated persons, or two or more affiliated corporations. The modification would remove this restriction for securities issued and fully guaranteed by the Government of the United States of America. The modification will apply to pension plans registered in the Province of Ontario only.

Subsection 9(3) of Schedule III currently provides for an exception for securities issued or fully guaranteed by the Government of Canada, the government of a province, or an agency thereof. The modification would provide a similar, though narrower, exception for U.S. Government securities.

The Ontario Ministry of Finance is soliciting comments on the draft modification until February 18, 2014.

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ARTICLE
14 February 2014

Ontario Proposes Exempting U.S. Government Securities From The 10% Quantitative Diversification Limit Under Pension Law

Canada Employment and HR
Contributor
BLG is a leading, national, full-service Canadian law firm focusing on business law, commercial litigation, and intellectual property solutions for our clients. BLG is one of the country’s largest law firms with more than 750 lawyers, intellectual property agents and other professionals in five cities across Canada.
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