A proposed class action brought in Québec by retirees against their former employer was recently authorized by the Supreme Court of Canada. The claim advanced in Vivendi Canada Inc. v. Dell’Aniello related to unilateral changes made by the employer in 2009 to the retirees’ supplemental health insurance plan. The Court found that the four criteria…
Business Operation: Québec
Federal Budget 2014 Introduced
Today, the federal government tabled its Budget 2014, The Road to Balance: Creating Jobs and Opportunities (Economic Action Plan 2014), a brief summary of which is outlined in a Department of Finance news release. Hicks Morley is in the process of reviewing the Budget. An FTR Now outlining the Budget’s highlights for employers and pension plan…
SCC authorizes Québec class action regarding reduction of retiree benefits
The Supreme Court of Canada (“SCC”) recently released a unanimous decision authorizing a class action on behalf of retirees against their former employer, relating to announced changes to their supplemental health insurance plan (“Plan”). The case, Vivendi Canada Inc. v. Dell’Aniello, was decided under the specific wording of the Québec class proceedings statute. In 2009,…
Federal Government Implements Pension Funding Relief Regulations (Air Canada)
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…
HRSDC Renamed Department of Employment and Social Development Canada (ESDC)
The Department of Human Resources and Skills Development Canada (commonly known as “HRSDC”) has been rebranded as the Department of Employment and Social Development Canada (“ESDC”). As previously reported, this change was implemented by the coming into force of Bill C-4, the Economic Action Plan 2013 Act, No. 2.
Federal Government Amends Temporary Foreign Worker Regulations
Further to the federal government’s Budget 2013 commitment, regulatory amendments under the Immigration and Refugee Protection Act were published on January 1, 2014. The Regulations Amending the Immigration and Refugee Protection Regulations (“Regulations”) implement a new compliance verification and enforcement regime, including enhanced Citizenship and Immigration Canada (“CIC”) and Employment and Social Development Canada (“ESDC,”…
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…
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,…