Team > Lawyers > Burns, Kenneth
Ken practices exclusively in the firm’s pension and employee benefits law practice group. He advises pension and benefit plan sponsors on a range of legal and regulatory issues affecting their plans. He advises on pension plan governance and compliance monitoring projects, regulatory applications and the handling of pension disputes. He works with managers in the drafting and maintenance of pension documents, including plan texts, trust declarations, statements of investment policies, as well as investment manager and other service provider contracts. Ken is frequently involved in assisting parties in mergers and acquisitions on the pension and benefits issues arising in the course of planning and executing their transactions.
Recognition and Ranking
- Martindale-Hubbell International Law Directory CV Peer Review rated
- Best Lawyers in Canada: recognized for employee benefits law
Professional Activities
- Canadian Bar Association (BC) Pension and Benefits Section, Member and Past Chair
- International Foundation of Employee Benefit Plans, Member
- International Pension and Employee Benefits Lawyers’ Association, Member
- Canadian Pension and Benefits Institute, Member
- Association of Canadian Pension Management, Member
- Association of Canadian Pension Management British Columbia Regional Council, Member
- Editorial board of "Pension Planning", a quarterly journal by Federated Press, Member
Bar Admissions
- Alberta (2006)
- Northwest Territories (2000)
- British Columbia (1998)
Education
- University of Western Ontario (LL.B., 1997)
- McGill University (M.B.A., 1994)
- University of Western Ontario (B.A., 1990)
Experience
- Acting for the board of a public sector multi-employer pension plan in negotiations with government over changes to legislation governing the plan
- Acting for a mining company in the design and set up of new pension and benefit plans prior to the opening of operations in northern Canada
- Chairing a client company's pension committee, and providing professional oversight for several of the company's pension plans
- Setting up pension governance and legislative compliance monitoring systems for various clients
- Representing a multi-employer pension board in litigation to recover withdrawal liability obligations of a former participating employer
- Assisting a forest products company in negotiating the pension and benefits disclosure requirements in a complex lending agreement
- Negotiating pension and benefit terms in corporate mergers and acquisitions on behalf of numerous large and small clients
- Helping a financial institutions set up a program to offer tax-free savings accounts to the public
- Drafting submissions to pension regulators on behalf of numerous clients
- Advising on and setting up letters of credit to secure supplemental pension plans for various employers
- Setting up retirement compensation arrangements for employers in the forest, mining and retail industries
- Advising a US airline and a US mining company on ways to best mirror 401(k) plans for employees in Canada
- Drafting an opinion to a forestry company on best practices in winding down a pension plan
- Helping a Canadian multi-national company establish a savings plan for expatriate employees
- Drafting template custodial documents for a trust company
- Negotiating funding relief for a plan sponsor with the federal pension regulator
- Assisting an energy company in selecting and moving its pension fund to a new pension fund holder
- Assisting a consortium of pension funds on joint investments in private equity funds
- Drafting statements of investment policies and procedures for an insurance company's defined contribution plan
- Advising a US head office on the oversight of its Canadian subsidiary's pension obligations
- Drafting and amending pension trust agreements for various employers and multi-employer plan boards of trustees
- Advising a mining company on the implementation of phased retirement provisions in its pension plan
News / Publications
Paper for Insight Mergers and Acquisitions Conference – Managing Pension Risks in Corporate Transactions (December 2007)
Pension Planning article: Significant Changes to Alberta Employment Pensions Legislation (August 2006)
Significant Changes to Alberta Employment Pensions Legislation (August 18, 2006)
Paper for Pension Law, Litigation & Governance Conference – Managing Pension Risks in Corporate Transactions (May 2006)
Alberta Proposes New Regulations Affecting Registered Pension Plans (January 27, 2006)
Mergers and Acquisitions: Identifying and Addressing Pension and Benefit Legal Risks (April 18, 2005)
Conferences
Presentation to International Federation's Canadian Investment Institute Conference - Background Legal and Legislative Context (Relating to Pension Plan Investments); and Legal and Legislative Context Workshop on Investment Management Contracts, Quebec City, Quebec (August 2009)
Presentation to Canadian Pension and Benefits Institute Kelowna Conference (October 2008)
Presentation to International Foundation of Employee Benefit Plans – Cross Canada Review of Pension legislation and Regulatory Changes, Ottawa Conference (2008)
Presentation to Insight Mergers and Acquisitions Conference – Managing Pension Risks in Corporate Transactions (December 2007)
Presentation to International Foundation of Employee Benefit Plans – Legal Developments of the Past Year, Ottawa Conference (May 2007)
Presentation to Canadian Bar Association Pension and Benefits Section - Mergers and Acquisitions: A Pension Lawyer’s Perspective (March 2007)
Presentation to Federated Press Essential Skills for Pension Committees Conference – Plan Management and Disclosure (January 2007)
Presentation to Federated Press Essential Skills for Pension Committees Conference – Liability and the Plan Administrator (January 2007)
Presentation to Canadian Pension and Benefits Institute Whistler Conference 2006 – Legal Developments of the Past Year (October 2006)
Presentation to Canadian Institute Conference – Managing Pension Risks in Corporate Transactions (May 2006)
Presentation to Insight Conference – Mergers & Acquisitions – Identifying & Addressing Pension and Benefit Legal Risks (May 2005)
Presentation to Canadian Pension and Benefits Institute Conference – Communicating Pensions & Benefits – Legal Issues (April 2005)
