Human Resources Legislative Update
Ontario Budget Bill (Bill 100) Passes
Date: June 12, 2019
As previously reported, on April 11, 2019, the Ontario government released its 2019 Budget and introduced Bill 100, Protecting What Matters Most Act (Budget Measures), 2019. Bill 100 received Royal Assent on May 29, 2019.
Of particular interest to employers and human resource professionals are the amendments made to the following statutes:
- Public Sector Labour Relations Transition Act, 1997 (in force upon Royal Assent)
- Ministries of Ministry of Training, Colleges and Universities Act (in force upon Royal Assent, subject to exceptions)
- Broader Public Sector Executive Compensation Act, 2014 (in force upon proclamation)
- Freedom of Information and Protection of Privacy Act (in force upon proclamation).
The Tribunal Adjudicative Records Act, 2019, a new statute, will come into force upon proclamation.
Two of the changes to the Pension Benefits Act (PBA) contained in Bill 100 that we previously reported on came into force on May 29, 2019.
The PBA has been clarified to state that: (i) the pension funding rules that came into effect on May 1, 2018 do not restrict the application of a prior year credit balance (PYCB) to reduce normal cost contributions and contributions in respect of the provision for adverse deviation (PfAD); and (ii) the assets of the Pension Benefits Guarantee Fund (PBGF) are not public funds. In respect of the former change, Ontario also released O. Reg. 105/19, which further clarifies the new funding rules and makes other changes to the General Regulation to the PBA. See our recent report for more information about these recent changes to the PBA General Regulation.
Finally, the Bill 100 amendments to the Ontario Insurance Act that allow for electronic beneficiary designations were proclaimed into force on June 8, 2019. As of the date of this posting, no supporting regulations to the Insurance Act or regulatory guidelines have been released in respect of this change.
Bill 100 should be consulted for further coming into force information
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