On June 3, 2015, the Ontario government introduced Bill 113, the Police Record Checks Reform Act, 2015, legislation that would, if passed, implement a new process governing requests for searches of the Canadian Police Information Centre databases, or other police databases, in connection with screening an individual for certain purposes. Among other things, the Bill would: authorize…
Business Operation: Canada
Federal Government Announces Possible Canada Pension Plan Expansion
On May 26, 2015, the federal government announced that it will conduct public consultations regarding potential changes to the Canada Pension Plan (“CPP”) to allow Canadians to voluntarily contribute more. No details were released at the time of the announcement. We will continue to monitor any developments regarding a possible expansion of the CPP.
Changes to the Federal Pension Investment Rules
In March 2015, the federal government published final regulations amending investment rules under the Pension Benefits Standards Regulations, 1985 (“Regulations”). These reforms apply to federally registered pension plans and to pension plans registered in provincial jurisdictions that have adopted Schedule III of the Regulations, as amended (the “Federal Investment Rules” or “FIR”). As we previously…
SCC Clarifies Test for Qualifying as an Expert Witness
Expert evidence has been a hot topic in Canadian law recently. Following this trend, in White Burgess Langille Inman v. Abbott and Haliburton Co., the Supreme Court of Canada considered the duty owed by an expert witness to the court to be independent, impartial and unbiased. The Court clarified that where an expert is “unable”…
2015 Ontario and Federal Budgets Released
On April 23, 2015, the Ontario government tabled the 2015 provincial Budget, “Building Ontario Up” (“Budget”) and Bill 91, Building Ontario Up Act (Budget Measures), 2015 (“Bill 91”), supporting omnibus legislation designed to implement some of the proposals contained in the Budget. We are in the process of reviewing the Budget and Bill 91, and…
Federal Budget 2015
On April 21, 2015, the Minister of Finance tabled the 2015 Federal Budget, “Strong Leadership: A Balanced-Budget, Low-Tax Plan for Jobs, Growth and Security.” This FTR Now focuses on some of the key proposals that are of particular interest to employers, human resources professionals and pension plan administrators. These include: changes to registered retirement income…
FSCO Updates Form 1 (Pension Plan Registration), Asset Transfer FAQs
On April 7, 2015, the Financial Services Commission of Ontario (“FSCO”) published a revised Application for Registration of a Pension Plan, Form 1 and added new frequently asked questions for plan administrators (“FAQs”) with respect to Multi-Jurisdictional Pension Plan Asset Transfers, among other things. The Form 1 has been updated to provide FSCO with additional…
Termination Clause in Federal Employment Agreement Enforceable
The recent decision in Luney v. Day & Ross Inc. is good news for employers. The Plaintiff worked for an interprovincial trucking company subject to the Canada Labour Code (“Code”). The Defendant terminated the Plaintiff’s employment without cause and offered the Plaintiff a severance package that it asserted was consistent with the termination clause in…
Federal Court: Unjust Dismissal Complaint for Without Cause Termination Requires Evidentiary Hearing
In a recent decision, Sigloy v. DHL Express (Canada) Ltd., the Federal Court overturned the decision of an adjudicator which had granted an employer’s preliminary objection and dismissed a complaint of unjust dismissal for lack of jurisdiction because the complainant had been dismissed without cause. At the adjudication, the employer objected to the unjust dismissal…
Indefinite Suspensions with Pay: The SCC Clarifies the Test for Constructive Dismissal
The Supreme Court of Canada recently considered the common law doctrine of constructive dismissal in Potter v. New Brunswick Legal Aid Services, where a majority of the Court (with two justices concurring in the result) concluded that placing an employee on an indefinite administrative suspension with pay constituted constructive dismissal. It found that even where…