Toronto Star

Hopes are high Ottawa will boost worker protection­s

After Sears ‘debacle,’ advocates urge feds to act on bankruptcy reform

- MICHAEL LEWIS BUSINESS REPORTER

Bankruptcy law reform advocates say they’re cautiously optimistic the Trudeau government will approve protection­s for workers during corporate insolvenci­es before voters go to the polls for the next federal election in October 2019.

“I think there’s a perfect storm of vulnerabil­ity and pressure,” said Chris Roberts, social and economic policy director at the Canadian Labour Congress.

He suggested the Sears “debacle” has raised the profile of the issue, stirred public sympathy over the plight of employees while adding to political pressure on the government to act.

Seniors Minister Filomena Tassi has been conducting public consultati­ons on possible pension, corporate governance and insolvency policy reforms with members of the public.

Possible measures could aim to proactivel­y eliminate pension deficits before insolvency and promote more transparen­cy and fairness in insolvency proceeding­s that could involve beefing up business oversight and disclosure requiremen­ts.

“We are working to ensure that Canadians’ retirement security is protected and look forward to reviewing the submission­s,” said the minister’s press secretary, Annabelle Archambaul­t.

Roberts cited private members’ bills before Parliament as well as petitions from individual­s as evidence that support is growing for new laws in the wake of the June 2017 Sears Canada creditor protection filing that left 16,000 retirees unsure about the future of their underfunde­d pension plans.

Among the private measures is a petition submitted to the House last summer on behalf of Dick Sanders, whose wife, Ann, received no terminatio­n pay when she was let go from a Burlington outlet of housewares retailer Bowring in 2015.

The petition seeks to bump terminatio­n claims to the front of the debtors’ queue. Bowring Canada and Bombay & Co., Inc., along with parent Brampton-based Fluid Brands Inc., obtained protection from creditors under the Bankruptcy and Insolvency Act in November amid more than $50 million in debt, according to a report from court-appointed trustee Richter Advisory Group.

Richter did not respond to questions about the status of staff at the stores.

The trustee’s Nov. 1 report to the Ontario Superior Court of Justice said Bombay and Bowring employed several hundred workers who do not have union representa­tion or a companyspo­nsored pension plan.

Bombay and Bowring had previously filed for creditor protection and restructur­ed in August 2015.

After the 2015 restructur­ing, Fluid Brands closed 50 stores and laid off 164 employees.

Sanders said he has pressed his local MPs to sponsor his petition in the house but feels like “it’s hanging in suspended animation.”

Roberts sees it as unlikely the government will support private members’ bills tabled last fall by Bloc Québécois MP Marilène Gill and New Democrat MP Scott Duvall of Hamilton to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangemen­t Act to prioritize worker pensions and terminatio­n pay in bankruptcy proceeding­s.

“It’s basically modifying the legislatio­n the way it’s worded now. When people go into bankruptcy protection the pensioners will be a secured creditor,” Duvall has said of his proposal, which has had first reading but has not reached committee debate stage.

Instead, Roberts said he’s hopeful the Liberal government will follow through on election commitment­s and deliver its own proposal, which he said could strike a balance between the demands of workers and corporate creditors.

Older Canadians’ advocacy group CARP, which has meet with dozens of MPs to lobby for legislativ­e changes, has pro- posed that unfunded pension liability be granted “super priority” status in bankruptcy and liquidatio­n proceeding­s.

CARP, along with the Canadian Federation of Pensioners and advocacy organizati­on Leadnow, wants bankruptcy law amendments so that pensioners are paid in full ahead of secured creditors such as banks and bondholder­s.

“I do believe the Liberals will pass something and I am cautiously optimistic that it will happen before the election,” said Wanda Morris, CARP’s chief advocacy and engagement officer.

As a rule, she added, “government­s are always more likely to introduce their own bills than to endorse one from another party.

“I don’t see any reason that wouldn’t apply here.”

Innovation Minister Navdeep Bains has said his government is engaging with the NDP and Bloc on their proposed changes but must consider the implicatio­ns of granting priority to pensioners in bankruptcy proceeding­s.

 ?? RICHARD LAUTENS TORONTO STAR FILE PHOTO ?? Sears Canada's creditor protection filing left thousands of retirees unsure about the future of their pension plans.
RICHARD LAUTENS TORONTO STAR FILE PHOTO Sears Canada's creditor protection filing left thousands of retirees unsure about the future of their pension plans.

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