Parliament Prorogues until October 16th

Upon the request of the Prime Minister, the Governor General officially prorogued Parliament today.  The next session of Parliament is scheduled to begin on October 16, 2013, with a Speech from the Throne.  As described in our previous post – Parliament to be Prorogued – all Government Bills have “died on the Order Paper,” and…

Government Announces Three-Year EI Premium Freeze

On September 9, 2013, the federal Government announced that it would be cancelling its planned EI premium hike for 2014.  Instead, EI premiums will be frozen at the 2013 level of $1.88 per $100 of insurable earnings.  The Government also stated that the rate would not exceed $1.88 for 2015 or 2016. On the same date,…

Ontario Court of Appeal Increases Fine to $750,000 for Christmas Eve Fatalities

In a recent decision (R. v. Metron Construction Corporation, 2013 ONCA 541), the Ontario Court of Appeal overturned the fine imposed by the Ontario Court of Justice in respect of four fatalities, and imposed a fine almost four times greater. As previously reported (August 20, 2012 FTR Now – “Court Imposes Criminal Code Fines For…

Regulatory Amendments Made Under Long-Term Care Homes Act, 2007

On August 28, 2013, the Ontario government filed O. Reg. 246/13, amending O. Reg. 79/10 (General) made under the Long-Term Care Homes Act, 2007 (“Act”). Among other things, O. Reg. 246/13 amends the qualification requirements for certain persons working or employed in a long-term care home prior to the day the Act and O. Reg….

Parliament to be Prorogued

The Prime Minister has announced that he will ask the Governor General to prorogue Parliament until October 2013. Parliament was previously set to resume sitting on September 16, 2013. With prorogation, the unfinished business of Parliament will “die” on the Order Paper, including government bills which have not yet received Royal Assent. These bills can…

Financial Services Tribunal Interprets the Accrued Benefit Protections of the Pensions Benefits Act (Ontario)

On August 15, 2013, the Ontario Financial Services Tribunal (“FST”) issued its decision in Royal Ontario Museum Curatorial Association v. Ontario (Superintendent Financial Services), concerning an amendment made to The Royal Ontario Museum Pension Plan (“Plan”). The Plan is a defined benefit (“DB”) pension plan. At issue before the FST was whether an amendment to…

Regulatory Amendments Relating to Independent Health Facilities Proposed

The Ontario government has proposed an amendment to O. Reg. 264/07 (General) made under the Local Health System Integration Act, 2006 (“LHSIA”). The proposed regulation would make independent health facilities (“IHFs”) prescribed health service providers for the purpose of the LHSIA. Subject to certain specified exceptions, an IHF is defined in the Independent Health Facilities…

Mandatory Retirement Upheld for Suppression Fire Fighters: HRTO Clarifies Accommodation Obligations

In its recent decision, Corrigan v. Mississauga (City), the Human Rights Tribunal of Ontario (“HRTO”) considered whether a municipal employer had a positive obligation to consider requests for individual exceptions to the mandatory retirement policy of age 60 for suppression fire fighters and to work with those fire fighters to develop a medical fitness testing…

The Ontario Court of Appeal Confirms Pension Assignments must be “Clear and Unambiguous”

In a marriage breakdown situation where family assets are being valued and/or divided, a member’s workplace pension entitlements are often the most significant asset. To settle the property issues, a member and his or her spouse may agree that the member will assign an interest in the member’s benefit to the spouse. Unfortunately, it is…

Long-Term Care Homes Act Regulatory Amendment Filed

On July 19, 2013, the Ontario government filed O. Reg. 218/13 amending O. Reg. 79/10 (General) made under the Long-Term Care Homes Act, 2007. O. Reg. 218/13 states a member of the registered nursing staff may permit a “nursing student”, a defined term, to administer drugs to residents under certain conditions. As previously reported, comments had…