2013 Spring Edition

FOCUS ON PENSIONS Recasting the pension promise LEGAL DEVELOPMENTS Pay for performance: providing key employees their just desserts Canada set to implement sweeping new anti-spam legislation PROFILE Ottawa’s pension presence Download PDF

Federal Budget Bill Tabled, Changes To Temporary Foreign Worker Program Announced

On April 29, 2013, the federal government tabled Bill C-60, Economic Action Plan 2013 Act, No. 1, omnibus legislation giving effect to some of its Budget 2013 initiatives. In conjunction with the tabling of Bill C-60 and further to its Budget 2013 initiative to ensure that Canadians have first priority at job opportunities when they…

Changes to Temporary Foreign Worker Program Announced

On April 29, 2013, the federal government announced significant reforms to the Temporary Foreign Worker Program (“TFWP”). Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, commented that the “reforms will require that greater efforts be made to recruit and train Canadians to fill available jobs … [and to] help ensure the Temporary Foreign Worker Program…

Federal Health and Safety Tribunal Considers Fukushima Nuclear Incident in Context of Canadian Work Refusal

An Appeals Officer of the Occupational Health and Safety Tribunal Canada recently considered the damage caused to the Fukushima nuclear facility by the 2011 Japanese tsunami in the context of a work refusal under the Canada Labour Code. The appellant was a mail sorter with Canada Border Services Agency. Shortly after the Fukushima incident in…

Federal Appeals Officer Confirms Work Refusal Must Be Based on More Than “Hypothesis or Conjecture”

The Occupational Health and Safety Tribunal Canada has found that there was insufficient evidence of radiation contamination on parcels arriving from Japan after the Fukushima nuclear incident in 2011 to warrant a work refusal at a mail sorting facility. For a reasonable expectation of danger to exist, there must be more than hypothesis or conjecture….

Federal Social Security Tribunal Now Operational

On April 1, 2013, the federal Social Security Tribunal (“SST”) became operational. It creates a new appeals process for decisions made under the Employment Insurance Act (“EI Act”), the Canada Pension Plan (“CPP”) and the Old Age Security Act (“OAS Act”). The SST was enacted by the Jobs, Growth and Long-term Prosperity Act (“JGLPA”), omnibus legislation…

New EI Benefit Rate Calculation to Come Into Force April 7, 2013

On April 7, 2013, certain amendments to the Employment Insurance Act (“EI Act”) made by the federal government’s Budget 2012 legislation, Jobs, Growth and Long-term Prosperity Act, will come into force and create a new benefit rate calculation for employment insurance benefits. As of April 7, 2013, the calculation of the benefit rate of most…

Federal Budget 2013

On March 21, 2013, the Minister of Finance, the Honourable James M. Flaherty, tabled the 2013 Federal Budget “Jobs, Growth and Long Term Prosperity – Economic Action Plan 2013.” In this FTR Now we review those Budget items that are of most interest to employers, human resources professionals and pension plan administrators. These include: Amendments…

Federal Budget 2013 Highlights

On March 21, 2013, the federal government tabled its Budget 2013, Jobs Growth and Long Term Prosperity – Economic Action Plan 2013. Some of the highlights of interest to employers and pension plan administrators include: simplified GST/HST pension plan rules for employers; amendments to the Income Tax Act to permit the correction of reasonable pension…

Federal Gender Identity, Gender Expression Bill Passes Third Reading

On March 20, 2013, Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), a Private Member’s Bill, passed Third Reading in the House of Commons and proceeded to the Senate for debate. If passed, Bill C-279 will add gender identity and gender expression as…