Regulations Amending the Old Age Security Act Regulations Released

On November 15, 2017, amendments to the Old Age Security Regulations (Regulations) were published in the Canada Gazette to: Phase in automatic enrollment for Guaranteed Income Supplement (GIS) benefits, alongside enrollment for Old Age Security (OAS), by the 65th birthday of eligible individuals Revert the age of eligibility for OAS benefits to age 65 from…

Regulations Amending the Employment Insurance Regulations Released

Significant amendments to the Employment Insurance Regulations have been filed and were published in the Canada Gazette on November 15, 2017 to implement the availability of Employment Insurance (EI) benefits for the care of critically ill adult family members and the option to extend parental leaves, initiatives outlined in the 2017 Federal Budget. The changes…

Quebec Proposes to Mirror CPP Enhancements

On November 2, 2017, the Quebec government introduced Bill 149, An Act to enhance the Québec Pension Plan and to amend various retirement-related legislative provisions. Among other things, Bill 149 will enhance the Quebec Pension Plan (QPP), in a manner similar to the forthcoming enhancements to the Canada Pension Plan (CPP) outlined in our FTR…

Ontario Proposes Regulatory Amendment Under ESA Permitting PRPP Differentiation Based on Age

On October 23, 2017, the Ontario government published a proposed draft amendment to O. Reg. 286/01 made under the Employment Standards Act, 2000 (ESA) to create a new exemption for pooled registered pension plans (PRPPs) with respect to age-based differentiation in certain circumstances. Currently, the ESA prohibits employers from providing a pension plan that treats employees,…

Do You Employ Lawyers in your Workplace? Law Society Implements New 2017 Requirements for Licensees

The Law Society of Ontario (LSO) is in the process of implementing the first of the recommendations adopted in its 2016 Report, Working Together for Change: Strategies for Addressing Issues of Systemic Racism in the Legal Profession, which will require lawyers licensed by the LSO to take action before the end of 2017. Specifically, before…

Ontario Proposes Legislation to Protect Access to Abortion Services

As announced earlier this year, the Ontario government has introduced legislation to protect access to abortion services at women’s health clinics or facilities, as well as certain protected service provider offices. Protected service providers are people who work in clinics or certain health professionals who provide, or assist in the provision of, abortion services. If…

2018 EI Premium Rate, Maximum Insurable Earnings Set

The Canada Employment Insurance Commission (CEIC) has set the 2018 Employment Insurance (EI) premium rate at$1.66 per $100 of insurable earnings. This represents a 3 cent increase for employees over the 2017 rate, and 4 cents for employers who pay 1.4 times the employee rate. For Quebec residents covered under the Quebec Parental Insurance Plan,…

Employee Discounts: To Tax, or Not to Tax? That is Indeed the Question

The Canada Revenue Agency (CRA)’s recently revised position on employee discounts is attracting significant media coverage. In 2016, the CRA published an updated technical document on “Benefits and Allowances Received from Employment” (Income Tax Folio S2-F3-C2*), which provides that employee discounts on merchandise for less than fair market value are considered taxable benefits under the…

IMEs and the Scope of an Employer’s Communications with IME Examiners

The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…

Union Need Not be Involved in Every Accommodation Request, Appeal Court Rules (and the Supreme Court Agrees)

Earlier this year, the British Columbia Court of Appeal issued a helpful decision for employers dealing with accommodation issues in a unionized context. On September 7, 2017, the Supreme Court of Canada denied the union’s request for leave to appeal from the B.C. Court of Appeal decision. The B.C. Court of Appeal decision considered the…