On May 28, 2014, Regulations Amending the Electronic Commerce Protection Regulations (CRTC) (“Regulations”) were registered and came into force. The Regulations amend the Electronic Commerce Protection Regulations (CRTC) made under Canada’s Anti-spam legislation (“CASL”), to provide that section 5 of the Electronic Commerce Protection Regulations (CRTC) (“Specified Functions of Computer Programs”) comes into effect on…
Business Operation: Canada
CPP Regulations Amended to Define “Substantially Gainful” Occupation
On June 18, 2014, Regulations Amending the Canada Pension Plan Regulations were published in the Canada Gazette. As previously reported, the Regulations amend the Canada Pension Plan Regulations to prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan, one of the factors relevant…
2014 Spring Edition
FOCUS ON MINIMUM STANDARDS Minimum standards, maximum complications LEGAL DEVELOPMENTS Minimize your risk: mental stress and the WSIB Minimum standards changes – an update for federal and provincial employers PROFILE From the lab to labour law Download PDF
Federal Court of Appeal Upholds Johnstone, Clarifies Nature and Scope of Family Status Protections
On May 2, 2014, the Federal Court of Appeal unanimously upheld the findings of the Federal Court concerning an employer’s obligation to provide workplace accommodation for an employee’s childcare needs in Canada (Attorney General) v. Johnstone (“Johnstone“), a case that has garnered significant media attention. As the first decision from an appellate-level court on this…
Ontario Proposes Significant Regulatory Amendments under Pension Benefits Act
On April 25, 2014, the Ontario government announced a number of proposed amendments to Regulation 909 made under the Pension Benefits Act (“PBA”), further to its ongoing pension reform initiatives. The government is inviting comments from stakeholders on the following proposals: Proposed Amendment to Regulation 909 under the Pension Benefits Act: Disclosure of Environmental, Social…
Federal Government Consults Public on Proposed Target Benefit Plans Framework
On April 24, 2014, the federal government announced the launch of consultations on a potential federal framework for Target Benefit Plans (“TBP”). TBPs, if introduced through subsequent legislative reforms, would create a new pension design option available to federally regulated private sector and Crown corporation plan sponsors under the Pension Benefits Standards Act, 1985 (“PBSA”)….
Alberta Introduces Additional Pension Reforms
On April 16, 2014, the Alberta government introduced Bill 10, Employment Pension (Private Sector) Plans Amendment Act, 2014. Bill 10, if passed, will further amend the new Employment Pension Plans Act (“EPPA”). These proposed reforms are in addition to the amendments set out in Bill 10, Employment Pension Plans Act, which received Royal Assent on December…
Federal Government Introduces 2014 Budget Bill
On March 28, 2014, the federal government introduced Bill C-31, the Economic Action Plan 2014 Act, No. 1, omnibus legislation intended to implement a number of initiatives first announced in the 2014 federal Budget, Economic Action Plan 2014. Bill C-31 contains a number of measures we previously reported in our February 13, 2014 FTR Now,…
No Jurisdiction to Determine Unjust Dismissal Complaint Where Employee Terminated Without Cause Pursuant to Employment Contract
In a recent adjudication under the Canada Labour Code (the “Code”), Adjudicator Rose relied on the Federal Court decision in Atomic Energy of Canada v. Wilson to grant an employer’s preliminary objection and dismiss an unjust dismissal complaint. In doing so, he found that in the case of without cause terminations an adjudicator lacks jurisdiction under the…
Federal Government Implements Transitional Pension Funding Relief Regulations (Canada Post)
On March 12, 2014, the federal government published final pension funding relief regulations temporarily relieving Canada Post Corporation from the requirement to make special payments to its defined benefit employee pension plan, as ordinarily required under the Pension Benefits Standards Act, 1985 (“PBSA”). Under the Canada Post Corporation Pension Plan Funding Regulations (“Regulations”), the Corporation will only…