Employers should be aware that a provision of Canada’s Anti-Spam Legislation (“CASL”) is coming into force on January 15, 2015 which may have an impact on employers’ bring your own devices (“BYOD”) policies. Section 8 of CASL prohibits a person from installing or “causing to be installed”, in the course of commercial activity, a computer…
Business Operation: Alberta
Alberta Extends Important Pension Reform Deadlines
As we previously reported, Alberta’s new Employment Pension Plans Act (the “EPPA”) and the accompanying Employment Pension Plans Regulation (“EPPA Regulations”) came into force on September 1, 2014. The new EPPA and the EPPA Regulations completely overhauled the existing pension legislation in Alberta, requiring significant alterations to pension plan terms and administrative practices of pension…
Alberta Amends Deadlines Relating to EPPA Reforms
On December 18, 2014, the Alberta government implemented a number of amendments to its Employment Pension Plans Regulation (“EPPA Regulations”), which came into force on September 1, 2014. Among other matters, the amendments provide the following: Extended Deadline – File EPPA Plan Amendments by June 30, 2015. Pension plans registered in Alberta and plans registered elsewhere…
Significant Reforms to Federal Union Certification and Decertification Regime
On December 16, 2014, Bill C-525, Employees’ Voting Rights Act, received Royal Assent. This omnibus legislation amends the Canada Labour Code (“Code”), the Parliamentary Employee and Staff Relations Act and the Public Service Labour Relations Act to significantly reform the existing federal union certification and decertification processes under these three statutes. Of particular note to…
Ontario Releases ORPP Consultation Paper
On December 17, 2014, the Ontario government released a consultation paper inviting feedback on key design details and essential components of the Ontario Retirement Pension Plan (“ORPP”), including: defining a “comparable workplace pension plan,” to clarify membership in the ORPP; a minimum earnings threshold below which low-income workers would be exempt from contributions; and retirement…
FSCO Extends Filing Deadline for EPPA-Related Plan Amendments
As we recently reported, on November 19, 2014, the Alberta government announced that plan sponsors or administrators could request and receive an extension of the deadline for filing plan amendments required under Alberta’s new Employment Pension Plans Act (“EPPA”) from December 31, 2014 to March 31, 2015. The Financial Services Commission of Ontario (“FSCO”) has…
Deadline Extended for Alberta Pension Reform Plan Amendments
As discussed in our recent FTR Now, Alberta Introduces Significant Pension Reforms Effective September 1, 2014, the new Employment Pension Plans Act and accompanying Employment Pension Plans Regulation came into force on September 1, 2014. Pension plans registered in Alberta and plans registered elsewhere with members whose pension benefits are subject to Alberta pension legislation…
Plans May Request Relief For Alberta EPPA Amendment Filing Deadline
As we recently reported, Alberta’s new Employment Pension Plans Act (“EPPA”) became effective September 1, 2014, and amendments to comply with the new EPPA rules were to be filed with the Alberta pension regulator by December 31, 2014. On November 19, 2014, the Alberta government announced that a plan sponsor (or its legal, actuarial or third…
The Duty of Good Faith and Honesty: An Important Foundational Decision by The Supreme Court Of Canada
The Supreme Court of Canada has issued a significant decision on the duty of good faith in the law of commercial contracts. In Bhasin v. Hrynew, the Court recognized good faith contractual performance as a general organizing principle of contract law and recognized a new “duty of honest performance” in the fulfillment of contractual obligations….
Alberta Introduces Significant Pension Reforms Effective September 1, 2014
On July 22, 2014, the government of Alberta passed the supporting regulations to the province’s new Employment Pension Plans Act (the “EPPA”), legislation enacted in December 2012 following recommendations from a 2008 report by the Alberta and British Columbia Joint Expert Panel on Pension Standards regarding pension reform in those two provinces. The new EPPA…