ARTICLE
15 February 2023

Strengthened Securities Fraud Protections Include Proposed Changes To Pension Attachment Rules

sL
Lawson Lundell LLP

Contributor

Lawson Lundell is a leading full-service law firm, known for our strategic approach to legal services. With over 160 lawyers, and offices in Vancouver, Calgary, Yellowknife and Kelowna, we are widely recognized for our depth of experience and innovative solutions to complex business law and litigation matters across various sectors.
Last week, the B.C. Government introduced a bill that, if passed, would expand the exceptions to the Pension Benefits Standards Act's rule against attachment of pension benefits.
Canada Employment and HR
To print this article, all you need is to be registered or login on Mondaq.com.

Last week, the B.C. Government introduced a bill that, if passed, would expand the exceptions to the Pension Benefits Standards Act's rule against attachment of pension benefits.

Currently, the Pension Benefits Standards Act permits pension benefits to be attached by certain notices and orders made under the Family Maintenance Enforcement Act when a person defaults on their family maintenance obligations. Bill 4, Finance Statutes Amendment Act, 2023, would add another exception. This exception would permit pension benefits to be attached by preservation or forfeiture orders made under Part 18.1 of the Securities Act or in furtherance of any other process to enforce an order under the Securities Act. Such orders are made when a person contravenes securities law.

When introducing the Bill, the government noted that the objective of these proposed changes is to improve the BC Securities Commission's ability to enforce securities laws and collect fines. These changes will be debated further when Bill 4 moves to second reading.

No changes to pension plan administration are required at this time. However, if these amendments come into force, plan administrators should be aware of this new exclusion as they could receive directions from the BC Securities Commission in respect of their members' pension benefits.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More