Beneficiaries who cannot be Located

When a plan is terminating and the fund is in the process of winding up, plan administrators may be unable to locate everyone who has benefits payable from the fund.

Plan administrators could publish notices in local and national newspapers, a union central publication, such as a newsletter or post notices in local union halls. There are a number of private search agencies and databanks that may be able to assist in locating former members or beneficiaries. Some government departments such as the Canada Revenue Agency, Human Resources and Social Development Canada or Provincial motor vehicle registries may also be able to assist by searching their databases for recent records.

As the plan administrator cannot complete the plan wind-up if assets and liabilities remain for beneficiaries who could not be located, the three options available to the plan administrator are:

• pay the funds into Court and/or
• apply to the Court for its opinion, advice or direction or
• maintain the plan’s fund and continue to file financial statements and valuation reports (if applicable).