Orders in Council Database

Under the authority of section 13 of the Judicature Act, the Lieutenant-Governor in Council hereby refers the following to the Newfoundland and Labrador Court of Appeal:
In Arrangement relatif à Bloom Lake, 2017 QCCS 284 (CanLII), the Quebec Superior Court stated at paragraph 89: “If the Government of Newfoundland and Labrador wishes to obtain a judgment from the courts of the province on the interpretation of the Pension Benefits Act, 1997, SNL1996 cP-4.01, it can refer a matter to the Court of Appeal of Newfoundland and Labrador”.  In that context, the following questions stated at paragraph 25 of that decision are referred:
1) The Supreme Court of Canada has confirmed in Sun Indalex Finance, LLC v. United Steelworkers, 2013 SCC 6, that, subject only to the doctrine of paramountcy, provincial laws apply in proceedings under the Companies’ Creditors Arrangement Act, R.S.C. 1985 c.C-36. What is the scope of section 32 of the Pension Benefits Act, 1997, SNL1996 cP-4.01 deemed trusts in respect of:
a) unpaid current service costs;
b) unpaid special payments; and
c) unpaid wind-up deficits?
2) The Salaried Plan is registered in Newfoundland and Labrador and regulated by the Pension Benefits Act, 1997.
a) (i) Does the federal Pension Benefits Standards Act, R.S.C. 1985, c-32 deemed trust also apply to those members of the Salaried Plan who worked on the railway (i.e., a federal undertaking)?
(ii) If yes, is there a conflict with the Pension Benefits Act, 1997 and Pension Benefits Standards Act? If so, how is the conflict resolved?
b) (i)  Does the Quebec Supplemental Pension Plans Act, CQLR, c. R-15.1 also apply to those members of the Salaried Plan who reported for work in Quebec?
(ii) If yes, is there a conflict with the Pension Benefits Act, 1997 and the Quebec Supplemental Pension Plans Act.  If so, how is the conflict resolved?
(iii) Do the Quebec Supplemental Pension Plans Act deemed trusts also apply to Quebec Salaried Plan members?
3) Is the Pension Benefits Act, 1997 lien and charge in favour of the pension plan administrator in section 32(4) of the Pension Benefits Act, 1997 a valid secured claim in favour of the plan administrator? If yes, what amounts does this secured claim encompass?