Business Operation: Québec

Supreme Court of Canada: Exclusion of Managers from Definition of “Employee” in Québec Labour Code Does Not Violate the Charter

· 3 min read

On April 19, 2024, the Supreme Court rendered Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec in which it concluded that the exclusion of managers from the definition of “employee” in the Québec Labour Code (Code) does not violate the right to freedom of association found…

Pay Equity Compliance: An Update from the Supreme Court of Canada

· 3 min read

The Supreme Court of Canada recently rendered two decisions in two separate cases pertaining to Quebec’s Pay Equity Act (Act) that serve as a reminder to all employers of the importance of complying with their governing pay equity legislation. The Act came into force in 1996 to address systemic discrimination against women and to ensure…

Quebec Passes Legislation to Mirror CPP Enhancements and Makes Changes to its Pension Legislation

· 2 min read

On February 21, 2018, Bill 149, An Act to enhance the Québec Pension Plan and to amend various retirement-related legislative provisions, was passed by the Quebec legislature. QPP Enhancements As outlined in our previous update, Bill 149 enhances the Quebec Pension Plan (QPP), in a manner similar to the forthcoming enhancements to the Canada Pension…

New Multi-Jurisdictional Pension Plan Agreement Now in Effect

· 5 min read

Parties involved in the administration of pension plans have been waiting for Canadian pension regulators to agree to a new set of rules applicable to plans with members in more than one province. Recently, the governments of British Columbia, Nova Scotia, Ontario, Quebec and Saskatchewan signed a new Agreement Respecting Multi-Jurisdictional Pension Plans, which took effect July 1, 2016 (2016 Agreement)…

Qualified Foreign Pension Fund Exemptions for Certain U.S. Investment Offerings

· 2 min read

Canadian pension funds are continually seeking investment opportunities abroad with a view to diversifying their portfolio and maximizing risk-adjusted returns. Offerings of investments in U.S. real estate and infrastructure projects will likely increase as a result of recent U.S. legal reforms which aim to attract foreign investment in these areas. Under the U.S. Foreign Investment in Real…

New Proposed Federal Bill to Reverse Canada Labour Code Certification and Decertification Reforms, C-377 Union Disclosure Obligations

· 2 min read

Further to its election platform, on January 28, 2016, the federal government introduced Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act. Among other things, this legislation would, if passed, amend the Canada Labour Code (“CLC”) to effectively repeal…

Supreme Court of Canada on Prima Facie Discrimination and a Plaintiff’s Burden of Proof

· 4 min read

The Supreme Court of Canada recently overturned a decision of the Québec  Human Rights Tribunal (“Tribunal”) which found that Bombardier had discriminated against a pilot, Mr. Latif, by refusing to provide him with training on certain Bombardier aircraft after U.S. authorities denied his security clearance. The unanimous Court found that there was insufficient evidence to…