IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Amherst (Town) v. Nova Scotia (Superintendent of Pensions),
2007 NSSC 344
Date: 20071127
Docket: S.H. 267196
Registry: Halifax
In the matter of: An appeal pursuant to Section 89(9) of the Pension Benefits Act, R.S.N.S. 1989, c. 340
Between: The Towns of Amherst, Bridgewater, New Glasgow,
Springhill, Stellarton, Trenton, Truro, and Westville and
The Regional Municipality of Cape Breton
Appellants
v.
Nova Scotia (Superintendent of Pensions)
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Arthur J. LeBlanc
Heard: May 28, 2007 in Halifax, Nova Scotia
Facts: The Superintendent of Pensions determined that the appellant towns were liable for unfunded deficiencies in the Police Association of Nova Scotia Pension Plan. Although the towns were not parties to the Pension Plan, they had made contributions to the pension fund pursuant to collective agreements with locals of the Police Association.
Issues: What is the appropriate standard of review? Was the standard met?
Conclusion: The standard of review was correctness.
The act of contributing to the pension fund pursuant to the collective agreements did not make the towns “employers” under the Pension Benefits Act or “participating employers” under the Pension Plan. The obligation to provide pensions under the Municipal Government Act was likewise not sufficient to impose liability for unfunded deficiencies in the pension fund. The Superintendent erred in finding the towns liable for unfunded deficiencies.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.