Category: Privacy
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Board of School Trustees of School District No. 43 (Coquitlam) v. Canadian Union of Public Employees, Local 561, 2019 CanLII 40323 (BC LRB) – Union Entitled to Certain Retirees’ Contact Information
The union and the employer reached an agreement whereby members of the employer's pension plan - the Non-Teaching Pension Plan (NTPP) - would be transferred to a municipal pension plan. In consideration of this agreement, the members who agreed to transfer to the new plan would be eligible for enhanced post-retirement group benefits (PRGB). In order to fulfill its representation role in respect of the transferred members the union asked the employer provide contact information for the retirees and surviving spouses, which the employer refused . . .
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Larkin v. Johnson, 2019 BCSC 164 – Protective Order Restricts Disclosure of Plan Documents in Litigation
At the present hearing, the trustees sought: (i) a protective order to restrict what the plaintiffs and their counsel could do with the documents and information produced through discovery; and (ii) a sealing order to prevent third parties from accessing sensitive documents when they come to be filed in court . . .
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Nova Scotia (Finance and Treasury Board) (Re), 2018 NSOIPC 4 – Privacy Commissioner Orders Disclosure of Information Collected in AIRs
The Nova Scotia Department of Finance and Treasury Board (the Department) regulates Nova Scotia pension plans and, as a part of that, receives annual information returns (AIR) from all such plans. The applicant filed an access to information request with the Department seeking a list of all registered pension plans and for each plan:
- the name of the plan;
- whether it is a defined benefit or defined contribution plan;
- the name and contact information for the plan administrator;
- the number of active members; and
- the market value of the plan at year’s end.
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United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 170 v. British Columbia (Information and Privacy Commissioner), 2018 BCSC 1080 – Court Finds OIPC Disclosure Order Unreasonable
The Independent Contractors and Business Association (ICBA), a voluntary association of British Columbia construction businesses, requested access to information that 16 union-sponsored pension plans had filed with the Financial Institutions Commission (FICOM). The pension trustees and unions, on the other hand, argued that such disclosure could be reasonably expected to harm third party business interests per s. 21 of the B.C. Freedom of Information and Protection of Privacy Act (FIPPA).
After FICOM decided to release the requested information, the pension plans asked the Office of the Information and Privacy Commissioner (OIPC) to review FICOM's decision. The OIPC rejected the trustees’ and unions’ arguments about potential harm, and ordered the requested information to be disclosed to ICBA.
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Office of the Superintendent of Pensions (Re), 2017 BCIPC 17 – Pension Regulator Ordered to Disclose Plan Information
The Independent Contractors and Business Association (ICBA), a voluntary association of British Columbia construction businesses, requested access to information that 16 union-sponsored pension plans filed with the Financial Institutions Commission (FICOM). The pension trustees and unions, on the other hand, argued that such disclosure could be reasonably expected to harm third party business interests per s. 21 of the B.C. Freedom of Information and Protection of Privacy Act (FIPPA).
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Trustees of the Bricklayers and Stonemasons Union Local 2 v. Information and Privacy Commissioner of Ontario, 2016 ONSC 3821 – Order Requiring Disclosure of MEPP Financials Overturned Due to Potential to Cause Harm
During the construction union raiding season, the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (IBB) filed an access to information request with the Ministry of Finance (MOF), seeking the following information in respect of two multi-employer pension plans (MEPP) administered by rival unions:
- audited financial statements;
- annual information returns;
- investment information summaries;
- actuarial valuations or other actuarial reports; and
- member information booklets.
The above information had been filed with the Financial Services Commission of Ontario as required under the Ontario Pension Benefits Act (PBA).
MOF identified 140 records subject to the request and disclosed 66 of those records - none of which contained sensitive financial information.
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