On November 11, 2016 the government of Ontario and the Ontario Public Service Employees Union (OPSEU) reached an agreement regarding post-retirement benefits (PRBs) for members of the OPSEU Pension Plan. The Ontario government subsequently announced that the terms of that agreement would be extended to members of the Public Service Pension Plan (PSPP), subject to…
Author: Hicks Morley
Regulation Filed for Personal Emergency Leave in Auto Sector
On November 21, 2016, the Ontario government filed O. Reg. 370/16, amending O. Reg. 502/06 (Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing, Automobile Parts Manufacturing, Automobile Parts Warehousing and Automobile Marshalling) made under the Employment Standards Act, 2000 (ESA). O. Reg. 370/16 adds section 4, “personal emergency leave,” to O. Reg. 502/06…
WSIB Rate Framework Approved
On November 14, 2016, the Board of Directors of the Workplace Safety and Insurance Board (WSIB) approved its new Rate Framework which fundamentally changes the way the WSIB classifies Schedule 1 employers and sets their premium rates. The Rate Framework has a targeted implementation date of January 2019. On the same date, the Board of…
Don’t Rush to Summary Judgment!
The Court of Appeal has overturned a decision by a motion judge which allowed the plaintiffs’ wrongful dismissal actions to be decided by way of summary judgment motion. In Singh v. Concept Plastics Limited, the two plaintiffs were long-term former employees of Concept Plastics. Both brought motions to resolve their actions by way of summary…
Appellate Court Affirms the Importance of Clearly Drafted Minutes of Settlement
In a recent decision of the Ontario Court of Appeal, RJM56 Investments Inc v Kurnik, the Court supported an employer’s reasonable conduct in withholding and remitting amounts owing to the Canada Revenue Agency (CRA) in the face of ambiguous minutes of settlement, and in so doing emphasized the need for carefully drafted minutes of settlement….
Ontario PRPP Legislation Now in Force
On November 8, 2016, the Ontario Pooled Registered Pension Plans Act (Act) came into force. As we previously reported, pooled registered pension plans (PRPPs) are a relatively new type of savings plan, operating much like a defined contribution pension plan that holds assets pooled together from multiple participating employers and employees. PRPPs are administered by…
First CASL Decision Invites Long-Desired Feeling of Normality
Canada’s Anti-Spam Legislation is relatively new, onerous and far from elegant. Organizations have been weighing the risks the best they can – and in doing so have puzzled over how to account for CASL’s provision for penalties of up to $10 million. On October 26th, the CRTC issued a decision in which it held that a company…
New Rules for Administrator Appointment & Advisory Committee Establishment
On October 31, 2016, the Ontario government filed new regulations under the Pension Benefits Act (PBA) to implement the measures set out below. Appointment of administrator. Effective October 31, 2016, the PBA regulations are amended to set out the prescribed circumstances in which the Superintendent may appoint an administrator for a pension plan or act…
Extended Solvency Relief for Broader Public Sector Plans
On October 31, 2016, the Ontario government filed new regulations under the Pension Benefits Act (PBA) to implement additional solvency funding relief for certain broader public sector (BPS) plans. Subsequent solvency funding relief re stage two. Effective October 31, 2016, O. Reg. 350/16, amending O. Reg. 178/11 (Solvency Funding Relief For Certain Public Sector Pension…
Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism
In Ontario Public Service Employees Union v Ontario (Children and Youth Services), the Divisional Court recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work, stating that the “purpose of the duty to accommodate is to allow employees to fulfill their employment duties, not to allow employees not…