Pensions and Benefits

McInnes Cooper is Atlantic Canada’s leading law firm in pensions and benefits law. Our Pensions and Benefits team is the largest and most experienced in Eastern Canada. Every member of our team has a substantial practice in this field. We are rated by Best Lawyers in Canada and Lexpert as leading practitioners of Pensions and Employee Benefits Law. Drawing on the expertise from a large Labour and Employment team and our Tax lawyers as well, McInnes Cooper’s Pensions and Benefits lawyers offer a depth of experience and service that is unparalleled in the region.   McInnes Cooper enjoys an extensive involvement in pension plan matters on a regional and national level. We handle pension plans for companies, universities, municipalities, unions, and associations. Plan sponsors, trustees, employee groups and administrators frequently seek our counsel. We advise on the various legal and regulatory issues that arise in private and public plans, jointly trusteed plans and multi-employer plans.

Services we provide to our clients include:

• Drafting, negotiating, interpreting pension plans and trust agreements
• Ensuring compliance with pensions standards legislation
• Litigation over benefit entitlements, surplus issues and other matters
• Class Actions – responding to or advancing them
• Tax Planning and Advocacy with Canada Revenue Agency
• Policy and procedure drafting as part of a plan’s administration
• Governance advice, including reviews and audits
• Human rights and collective agreement advice
• Contract Reviews with plan suppliers and agents
• Keeping clients apprised of proposed regulatory changes
• Representation to regulatory authorities provincially and federally
• Capital accumulation plans expertise, including advice on defined contribution plans, group RRSPs and deferred profit sharing plans
• Supplemental plans – negotiating, drafting and reviewing their terms
• Merger and wind-up of Pension plans
• Corporate reorganizations and downsizing
• Risk Management and insurance advice
• Advice on Individual Member Issues

Reported cases include:   Police Association of Nova Scotia Pension Plan v. Amherst (Town), 2008 NSCA 74   Melanson v. New Brunswick (Attorney General), 2006 CarswellNB 694; 2007 NBCA 12   White v. Halifax (Regional Municipality) Pension Committee, 2007 CarswellNS 68 (CA)   Atlantic Oil Workers Union, Local 1 v. Imperial Oil Limited, 2006 CarswellNS 371   Halifax Regional Municipality Pension Committee v. Nova Scotia (Superintendent of Pensions), 2005 CarswellNS 36   Graymont (NB) Inc. v. New Brunswick (Superintendent of Pensions) 2004 CarswellNB 622   Cape Breton Development Corp. v. UMWA, 2004 CarswellNAT 4607   Dalhousie University v. Moger, 2003 CarswellNS 89   Central Guaranty Trust Company (Liquidator of) v. Spectrum Pension Plan (5) (Administrator of), 1997 CarswellNS 246 (C.A.)   Hawker Siddley Canada Inc. v. Nova Scotia (Attorney General), 1994 CarswellNS 341

Private Investments

A vital element of our practice involves the increasing amount of private investments made by Atlantic Canadian pension plans. In this regard, we establish special purpose corporations to carry out this activity and we advise on compliance with pension standards legislation and the Income Tax Act. We also advise on structured transactions to meet investment objectives and legislative and regulatory requirements.

Staying ahead of the pack

To stay abreast of new trends and developments in this industry, we maintain professional memberships and participate in the International Pension and Employee Benefits Lawyers’ Association, the Canadian Pensions & Benefits Institute, the Association of Canadian Pension Management and the National Pensions & Benefits Law Section of the Canadian Bar Association. We frequently present on current issues in the field to industry groups, pensions organizations and our peers.   McInnes Cooper recognizes the importance of pension fiduciaries understanding the nature of their role and obligations and remaining current with respect to important developments in the pension field. With this in mind, we distribute to our clients periodic newsletters regarding legal developments we believe would be of interest to you.