Background:

• The Herald was required to pay $2,656,656 into its employee pension plan for 2018 and 2019 under the Pension Benefits Act and Regulations but failed to do so, anticipating regulatory changes.

Key Amendments:

• Pre-2020: 100% solvency funding required.
• 2020 Amendments: Reduced solvency funding standard to 85%, effective April 1, 2020, for valuation reports dated on or after December 31, 2019.

Issue:

• Whether the 2020 Amendments retroactively absolved The Herald of the 2018-2019 payment obligations.

Arguments:

1. The Herald: Argued that the new 85% standard should retroactively relieve them from prior payments.
2. Superintendent: Claimed the amendments were not retrospective, and obligations under the old standard remained due.
3. Labour Board: Upheld that pre-2020 obligations were still payable.

Court's Decision:

• Standard of Review: Correctness for statutory interpretation and palpable and overriding error for mixed questions.
• Findings:
  • The 2020 Amendments did not indicate retrospective application.
  • Obligations calculated under the 100% standard before December 31, 2019, remained due.
  • The presumption against retrospectivity applied.

Conclusion:

• The Halifax Herald Ltd. must pay the $2,656,656 due for 2018 and 2019.
• The court dismissed The Herald’s appeal, affirming the Superintendent’s and Labour Board’s decisions.