On January 1, 2014, the federal government published regulations extending the temporary funding relief provided to Air Canada under the Air Canada Pension Plan Funding Regulations, 2009, which were originally set to expire on January 30, 2014. The Air Canada Pension Plan Funding Regulations, 2014 temporarily relieve Air Canada from the requirement to make special…
Business Operation: Ontario
Expanded OLRB Power to Consider Bill 168 Workplace Harassment Reprisal Complaints
Based on two decisions rendered late last month, the Ontario Labour Relations Board (“OLRB” or “Board”) has expanded the scope of the Board’s authority to consider complaints arising from the Bill 168 workplace harassment amendments to the Occupational Health and Safety Act (“OHSA” or “Act”). This moves away from the Board’s decision in Confortia v….
Federal Government Proposes Transitional Pension Funding Relief Regulations (Canada Post)
On December 21, 2013, the federal government published proposed transitional pension funding relief regulations that would temporarily relieve 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”), for a period of four years. The proposed amendments…
Decision of Private School Not Subject to Judicial Review
In an important decision on the reach of administrative law, the Court of Appeal for Ontario held that a private school’s decision to expel a student for smoking marijuana in his dorm room was not subject to judicial review by the courts. The private school, Appleby College, is incorporated by a Special Act of the…
Federal Budget Bill Receives Royal Assent (C-4)
On December 12, 2013, Bill C-4, the Economic Action Plan 2013 Act, No. 2, received Royal Assent. As previously reported, Bill C-4 is omnibus legislation implementing measures from the Economic Action Plan 2013 (the 2013 Budget), as well as certain previously announced tax measures. The Bill should be consulted for coming into force information. For a more detailed…
Regulation Exempts Remuneration From CPP Contributions
On December 18, 2013, the federal government published a regulation amending the Canada Pension Plan Regulations to add a new type of exempted employment in respect of which contributions are not required under Canada Pension Plan (“CPP”) legislation, in addition to the exemption for employment as a judge appointed by the Government of Canada. The…
Supreme Court of Canada Provides Clarity to the Deductibility of Income Replacement Benefits from Wrongful Dismissal Damages
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,…
Ontario to Conduct Review of Health and Safety in Mining Sector
The Ontario government has announced that beginning in early 2014 the Chief Prevention Officer (Ministry of Labour) will be leading an advisory group in conducting a comprehensive health and safety review on a wide range of areas in the mining sector. Among other things, the review will include assessing existing health and safety regulations and…
SCC establishes framework for “preferability” analysis under CPA s. 5(1)(d)
The Supreme Court of Canada released a significant decision with respect to the s. 5(1)(d) “preferable procedure” criterion for certification of a proposed class action under the Class Proceedings Act, 1992 (“CPA”). The OSC investigated allegations that the appellant implemented measures that reduced, but failed to negate, harm associated with certain market timing activities engaged in by…
Just in Time for the New Year: The AODA and its January 1, 2014 Deadlines
The January 1, 2014 deadline to comply with a number of standards in the Integrated Accessibility Standards regulation (the “IAS Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) is fast approaching for many organizations. In this FTR Now, we provide a brief overview of some key obligations required by that date….