The Great Atlantic & Pacific Company of Canada

On June 13, 2006, the Great Atlantic & Pacific Company of Canada (the "Applicant”) requested a hearing with respect to a Notice of Proposal of the Deputy Superintendent, Pensions, dated May 12, 2006, proposing to make:

1. An order under sections 33 and 87 of the Pension Benefits Act (the "Act") that the administrator of the Plan: (a) Effective January 1, 1988, permit all current and former part time employees  who are or were members of the bargaining unit represented by the Local 414 of Retail Wholesale Canada/CAW Division (the “CAW”) or its predecessor bargaining agents and who were employed on or after January 1, 1988 to become members of the Plan upon 24 months of less than full-time continuous employment with the Applicant, with the lesser of:

i. earnings of not less than 35% of the Year’s Maximum Pensionable Earnings as defined in the Act; or

ii. 700 hours employment with the employer, in each of two consecutive calendar years immediately prior to membership in the Plan, in accordance with s. 31 of the Act, which became effective from January 1, 1988; and

(b) Provide to such current and former part time employees covered by paragraph (1)(a), within sixty (60) days from the date of the order, and on an ongoing basis, pension benefits in accordance with the terms of the Plan determined on the basis that such part time employees were eligible for membership in accordance with paragraph (a), with interest in respect of any lump sum representing retroactive payments to such part time employees’ calculated as prescribed in Regulation 909 under the Act; or

2. An order, in the alternative to the order set out in paragraph 1, that the Applicant establish, effective January 1, 1988, and maintain a separate pension plan for current and former part time employees covered by paragraph (1)(a) with pension benefits and other benefits reasonably equivalent to those provided to full time employees under the Plan, in accordance with s. 34 of the Act.

From the inception of the Plan until 2002, the Plan apparently limited membership to full time employees, but pursuant to the terms of a collective agreement dated January 2002, pension benefits were to be provided to part time employees in respect of employment on or after March 1, 2002. The Deputy Superintendent asserts that the Applicant has not filed any Plan amendments associated with the 2002 collective agreement, has not provided any information as to the benefits offered to part time employees or established the reasonable equivalence of any such benefits to benefits provided to full time employees.

On June 27, 2006, an application for party status, in this matter, was filed by the CAW.  On June 29, 2006, the Applicant advised the Tribunal that the parties were close to a settlement and requested that the scheduling of a pre-hearing conference be put on hold.

Updated to August 21, 2006

On March 16, 2007, the Applicant advised the Tribunal that the Applicant and the CAW continue to be engaged in settlement discussions.

Updated to April 2, 2007

On July 13, 2007, the Applicant requested that a pre-hearing conference be scheduled.  The pre-hearing is scheduled for October 2, 2007.

Updated to July 20, 2007

The pre-hearing conference was held on October 2, 2007, at which time party status was granted to the CAW.  The parties advised the Tribunal that a settlement was reached between the Applicant and the CAW relating to the issues raised in the Notice of Proposal and that the Superintendent agreed to the settlement in principle.  The parties indicated their intention to seek the approval of the Tribunal as to the terms of the settlement and have the settlement incorporated into an order of the Tribunal.   

The hearing is scheduled for December 21, 2007.

Updated to October 19, 2007

At the hearing on December 21, 2007, the Tribunal reserved its decision.

Updated to January 21, 2008

On January 24, 2008, the Tribunal sought further clarification from the parties regarding access to information by the Trustees from the Canada Revenue Agency (“CRA”) and/or the possibility of other relevant regulators or public authorities which might assist former part time employees to provide satisfactory evidence of their part time employment and related compensation for purposes of the plan to potentially qualify for coverage under the proposed settlement, who the Union indicated it was not representing at the hearing and in the negotiations that led to the settlement,.  On April 28, 2008, the Tribunal will hear submissions from the parties on the matter.

Updated to March 25, 2008

At a resumption of the hearing on April 28, 2008 the Tribunal heard submissions from the parties regarding access to information by the Trustees from the CRA which might assist former part time employees to provide satisfactory evidence of their part time employment and compensation, for purposes of the plan to potentially qualify for coverage under the proposed settlement.  The Tribunal also sought clarification from the parties of the form of publishing notice of the approval of the settlement to alert potential claimants.  The Tribunal reserved its decision pending further submissions from the parties on the form of publication of the notice of the approved settlement.

Updated to May 9, 2008

On June 4, 2008, the Tribunal issued its Order.

Updated to June 26, 2008

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