In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care, while also confirming that arbitrators may prioritize a healthy workplace environment over reinstatement to avoid further conflict. In Board of Governors…
Business Operation: Alberta
Landmark Arbitration Decision Upholds Indefinite Suspension of CFL Player for Sports Gambling
On August 27, 2024, Arbitrator Allen Ponak upheld an indefinite suspension imposed on Shawn Lemon, a veteran defensive end in the Canadian Football League (CFL), for wagering on CFL games in 2021, including a game in which he played. This decision highlights the complexities of player conduct in professional sports and raises important questions about…
Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights
Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.
Federal Government Introduces Amending Legislation to Support CPP Enhancement
On October 6, 2016, the federal government introduced Bill C-26, An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act, new omnibus legislation to support Canada Pension Plan (CPP) enhancement. If passed, Bill C-26 would, among other things, amend the CPP to: increase the maximum…
CAPSA Consults on Revised Pension Plan Governance Guideline
On March 11, 2016, the Canadian Association of Pension Supervisory Authorities (CAPSA) released draft revisions to CAPSA Guideline No. 4: Pension Plan Governance and the related Self-Assessment Questionnaire and FAQ Document for consultation.
Qualified Foreign Pension Fund Exemptions for Certain U.S. Investment Offerings
Canadian pension funds are continually seeking investment opportunities abroad with a view to diversifying their portfolio and maximizing risk-adjusted returns. Offerings of investments in U.S. real estate and infrastructure projects will likely increase as a result of recent U.S. legal reforms which aim to attract foreign investment in these areas. Under the U.S. Foreign Investment in Real…
New Proposed Federal Bill to Reverse Canada Labour Code Certification and Decertification Reforms, C-377 Union Disclosure Obligations
Further to its election platform, on January 28, 2016, the federal government introduced Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act. Among other things, this legislation would, if passed, amend the Canada Labour Code (“CLC”) to effectively repeal…
Federal Election 2015: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for October 19, 2015. Under the Canada Elections Act (“Act“) all employees who are electors – Canadian citizens who are 18 years of age or older – are entitled to three (3) consecutive hours on election day during voting hours to cast their vote. In this FTR Now, we…
New Temporary Foreign Worker Regulations Impose Monetary Penalties and Bans on Employers for Non-Compliance
Effective December 1, 2015, new Regulations Amending the Immigration and Refugee Protection Regulations (“Amending Regulation”) made under the Immigration and Refugee Protection Act (“Act”) will impose certain penalties on employers who are not in compliance with requirements of the Temporary Foreign Worker Program (“TFWP”). There have been recent changes to the TFWP, including the imposition of…
New CRA Technical Direction Published for Health and Welfare Trusts
The Canada Revenue Agency (“CRA”) has posted an updated technical direction regarding Health and Welfare Trusts. Effective July 27, 2015, Income Tax Folio S2-F1-C1: Health and Welfare Trusts replaces and cancels CRA’s prior administrative position, as outlined in Interpretation Bulletin IT–85R2, Health and Welfare Trusts for Employees. The new Technical Direction incorporates a number of…