Today – April 20 (4/20) – marks cannabis culture’s unofficial day of celebration, and we thought “weed” mark the occasion by answering a few common employer questions. When do I have to accommodate medical marijuana? While employers have no obligation to permit recreational consumption of marijuana at work or tolerate impairment, they must appropriately accommodate…
Author: Hicks Morley
Regulations Filed Supporting Discharge of Pension Plan Administrator Upon Purchase of Annuities
On April 3, 2018, the government filed O. Reg. 193/18 (Purchase of Pension Benefits From an Insurance Company – Section 43.1 of the Act) under the Pension Benefits Act (PBA), which complements the recent funding reforms announced for defined benefit pension (DB) plans (the Regulation). As previously discussed, the government proposed rules to support a discharge…
MOL’s ESA Guide Update for Equal Pay Provisions
We recently reported on the coming into force of the equal pay for equal work changes under Bill 148, Reminder: Equal Pay for Equal Work Provisions in Force April 1, 2018. The Ministry of Labour has recently updated its online Guide to the Employment Standards Act, 2000 (Guide) to address equal pay for equal work…
2018 Ontario Budget Tabled
On March 28, 2018, the Ontario government tabled its Budget 2018, A Plan for Care and Opportunity. We are currently reviewing the Budget and an FTR Now highlighting initiatives of particular interest to employers, human resource professionals and pension plan administrators will be available shortly on our website.
OSFI Publishes Guidance Note for Member Choice DC Plan Default Investments
The Office of the Superintendent of Financial Institutions (OSFI) has published a new Guidance Note providing its interpretation and expectations relating to the requirements for the default investment selected by the administrator. The Guidance Note (Default Option for Member Choice Defined Contribution Plans) relates to defined contribution (DC) accounts or additional voluntary contribution accounts in…
Ontario’s Proposed New Anti-Racism Standards
As we previously reported, the Ontario Anti -Racism Act (ARA) came into force on June 1, 2017. One of the purposes behind the ARA is to allow certain organizations to collect information that will be used to identify and monitor systematic racism and racial disparities for the purpose of eliminating systemic racism and advancing racial…
Ontario Publishes Description of Proposed Variable Benefits Regulations for DC Plans
The Ontario government posted a description of proposed regulations on March 20, 2018 enabling it to implement the variable benefit (VB) provisions applicable to defined contribution (DC) plans under the Ontario Pension Benefits Act (PBA). Background – DC Decumulation Currently, Ontario members of DC plans who have terminated their employment with the plan sponsor and…
FSCO Launches Targeted Compliance Review of Member Option Statements
In March, 2018, the Financial Services Commission of Ontario (FSCO) will commence a targeted review of pension plan member option statements to verify compliance with key requirements under the Pension Benefits Act (Act) and FSCO policies. In particular, FSCO will focus its targeted review on whether plan administrators are: meeting requirements for statement content and…
Are Service Providers Liable for Harassment Between Customers? The Divisional Court Weighs In
In City of Toronto v. Josephs, the Divisional Court reviewed a recent decision of the Human Rights Tribunal of Ontario (Tribunal) and specifically addressed the question of a service provider’s liability for harassment issues arising between customers. In so doing, the Court has provided useful guidance for organizations that provide services to the public, and…
The (Funding) Future is Here: Ontario Releases Pension Funding Reform Details
On December 14, 2017, the Ontario government published the long-awaited details to support the proposed reforms to funding rules for Ontario pension plans. The proposed regulations describe the amendments to the Pension Benefits Act Regulations that will, among other things: Alter solvency funding obligations, by reducing the solvency deficiency required to be funded (such that…