The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman”). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…
Business Operation: British Columbia
Parliament Adjourns
On December 13, 2013, the House of Commons adjourned for the winter break. It is scheduled to resume sitting on January 27, 2014.
Federal Government Proposes Mandatory e-filing ITA Regulation Amendment
Further to a Budget 2009 initiative, on December 7, 2013, the federal government published proposed amendments to subsection 205.1(1) of the Income Tax Regulations. Regulations Amending the Income Tax Regulations (Mandatory Electronic Filing – Prescribed Information Returns) would expand mandatory electronic filing (“e-filing”) for prescribed information returns for the purpose of subsection 162(7.02) of the…
Federal Government Releases Final Anti-Spam (CASL) Regulations
On December 4, 2013, the federal government published final Electronic Commerce Protection Regulations (“final ECP Regulations”) under Canada’s Anti-spam Legislation (“CASL”). As previously reported, CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). Earlier proposed regulations under CASL had been released for consultation in July, 2011, and again on January 5, 2013 with…
BCCA Decision Affirms Clear Language Needed to Reserve Right to Change Retiree Benefits
A recent decision of the British Columbia Court of Appeal, Lacey v. Weyerhaeuser, considered an employer’s right to unilaterally change post-retirement benefits. Although the retiree benefits at issue in this case had been voluntarily instituted, it was found that the employer had represented that the retiree benefits would be maintained on and after retirement, and…
New Federal Graduated Late-Filing Penalty for Certain Employment-Related Tax Filings
On November 20, 2013, the federal government registered Regulations Amending the Income Tax Regulations (Late Filing Penalty – Prescribed Information Returns). The regulatory amendment relates to the government’s Budget 2009 and subsequent legislative initiative (via Budget Implementation Act, 2009 amendments) to provide for a “separate, less severe, graduated penalty that would be applicable where ‘prescribed’…
Supreme Court of Canada Denies Leave to Appeal in Reduction of Retiree Benefits Case
Today, the Supreme Court of Canada (“SCC”) denied leave to appeal from a decision of the British Columbia Court of Appeal (“BCCA”) in Lacey v. Weyerhaeuser Company Limited. The case concerned changes to certain post-retirement benefits for retired salaried employees (“Retirees”) of Weyerhaeuser Company Limited (“Weyerhaeuser”), and a predecessor company. At issue were fully-funded post-retirement…
Federal Government Proposes Priority Hiring for Injured Veterans Act (C-11)
On November 7, 2013, the federal government introduced Bill C-11, the Priority Hiring for Injured Veterans Act. If passed, this legislation would amend the Public Service Employment Act to establish a priority appointment over all other persons for certain members of the Canadian Forces who are released for medical reasons attributable to service, and who…
2014 EI Rates Set, Pension and Retirement Savings Limits Announced
Further to the federal government’s announcement in September, on November 2, 2013, HRSDC published a Resolution providing notice that the 2014 employment insurance (“EI”) premium rate for 2014 for residents of all provinces (with the exception of Québec) is maintained at $1.88 per $100 of insurable earnings. The 2014 EI premium rate for Québec residents is…
2013 Federal Budget No. 2 (Bill C-4)
On October 22, 2013, the federal government introduced the Economic Action Plan 2013 Act, No. 2, omnibus legislation that would, if passed, implement measures from the Economic Action Plan 2013 (the 2013 Budget), as well as certain previously announced tax measures. Budget Bill items of interest to employers, human resources professionals and pension plan administrators…