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LEGAL REPORT: LABOUR AND EMPLOYMENT to plans that are poorly run, and the good people are paying for that. You're almost subsidizing bad behaviour." Instead, Sweatman argues that protecting workers is more about getting the process right through, for example, tighten- ing the solvency rules employers have to comply with. "We're trying to raise the bar on governance of plans and proper in- vestment strategies that will keep the plans safe most of the time," he says. In the end, Sweatman and Brown say their mandate was to fi nd ways to expand pension coverage regardless of whether employers choose defi ned-benefi t or defi ned-contribution plans. But for her part, Kathryn Bush, another Blakes partner who advised Arthurs, says the Ontario report made a real at- tempt to strike a balance between the need to protect workers while providing incentives to employers to start and maintain defi ned-benefi t plans. A proposal to eliminate a requirement that employers distribute surplus funds on partial windup, for example, is a business-friendly idea that would remove a nag- ging headache for plan sponsors, she argues. At the same time, allowing for immediate vesting of funds on partial windup would benefi t workers. "You want to make sure people's benefi ts are secure but you have to make sure that plan sponsors can utilize that surplus if and when it ever exists so you will get proper funding," she notes. As the Ontario government considers Arthurs' proposals, it has already moved to provide temporary relief to employers hit by the economic downturn by allowing them to replenish funding defi cits in pension plans over a decade instead of fi ve years. But, while Arthurs says the measures are consistent with the spirit of his work, Bush argues the government "has a lot of work to do," particularly given that employers could take advantage of the 10-year-defi cit window only if they get the consent of employees, something hard to do in non-unionized environments. At the same time, she notes that while businesses will still have to make up their defi cits, she's looking for an easing of rules on contribution holidays for plans that later return to surplus. "It's this balance between trying to get security for members but not making these plans more expensive because we've certainly seen, if not an exodus, [then] a quite substantial movement out of [defi ned-benefi t] plans," she says. "We should at least try to stop the bleeding, and for those plans that are still in existence, we should try to help them so that the people who have and rely on a [defi ned-benefi t] plan have it in place for them." Read "A FINE BALANCE: SAFE PENSIONS, AFFORDABLE PLANS, FAIR RULES" online at www.pensionreview.on.ca/english. The ALBERTA/B.C. REPORT is available at www.ab-bc-pensionreview.ca/ panel_report.html. More on the NOVA SCOTIA REVIEW at www.gov.ns.ca/lwd/pensionreview. Let us open right door for you the We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law fi rm situated in the heart of Toronto. We are comprised of nine lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzyvassos.com • 416.865.0504 44 FEBRU AR Y 2009 www. C ANADIAN Law ye rmag.com uretzky_CL_Feb_09.indd 1 1/27/09 12:42:32 PM BALL_Canadian Employment Law (CL 1-4sq).indd 1 1/19/09 2:54:34 PM Canadian Employment Law Also available on CD-ROM or Internet! Stacey Reginald Ball One of Canada's foremost employment authorities provides an examination of the facts you can count More than 5,500 cases cited! This one-stop reference provides a thorough survey of the law. It clearly analyzes current law and developing trends, suggests potential avenues of attack as well as identifies potential weaknesses in the law. The subject-matter is wide-ranging and addresses issues such as: • wrongful dismissal • fiduciary obligations • constitutional issues … and more ORDER your copy today Looseleaf & binders (2) • $297 Releases invoiced separately (3-4/yr) • P/C 0439030000 Vol. 1 ISBN 0-88804-218-3 • Vol. 2 ISBN 0-88804-362-7 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. CL0109