Do The Right Thing:
Responsible Investing and the Plan Administrator's Fiduciary Duty
Pensions and Benefits Law | Original Program Date: November 26, 2014
“Socially responsible investing” (SRI) and consideration of “environmental, social and governance” (ESG) factors are gaining traction among plan administrators and their investment advisors. In particular, ESG factors have come to the fore with the Ontario government’s recent proposal to amend the regulations under the Pension Benefits Act to require administrators to disclose in annual member statements whether or not a plan’s statement of investment policies and procedures addresses ESG factors.
This topical seminar provides a legal overview of the intersection of SRI and ESG factors on the one hand, and the pension plan administrator’s long-standing fiduciary duty to invest pension funds prudently on the other. In particular, speakers will address:
- What do investment and other professionals mean by SRI and ESG factors?
- Does the administrator’s fiduciary duty allow it to take into account ESG lenses and screens?
- What are the legal risks and ramifications of using pension fund investments to serve a greater social purpose, for example, investing in local infrastructure or disadvantaged groups?
- How can administrators apply SRI and ESG factors under member-directed defined contribution plans?
Register now to ensure you are providing the advice your clients need to do the right thing while protecting themselves from potential liability.
SPEAKERS
Mark Firman, McCarthy Tétrault LLP
Jeremy J. Forgie, Blake, Cassels & Graydon LLP
Louise J.A. Greig, Osler Hoskin & Harcourt LLP
PROGRAM CHAIR
Mark Firman, McCarthy Tétrault LLP