Pension Asset Transfers Made Easier

Long-awaited amendments to the Ontario Pension Benefits Act (“PBA”) regarding the transfer of assets between pension plans became effective on January 1, 2014. New supporting Regulations under the PBA[1] (the “Asset Transfer Regulations”) also came into force on January 1, 2014. This FTR Now provides a high-level overview of the new asset transfer regime. The…

Ontario Files ESA Regulatory Amendment Implementing New Minimum Wage Effective June 1, 2014

As previously reported, Ontario’s minimum wage is increasing to $11 effective June 1, 2014. On February 14, 2014, the Ontario government filed O. Reg. 31/14 amending O. Reg. 285/01 made under the Employment Standards Act, 2000 (Exemptions, Special Rules and Establishment of Minimum Wage) to implement these changes.

Proposed Amendment to CPP Regulations Defining “Substantially Gainful” Occupation

On February 15, 2014, the federal government published proposed Regulations Amending the Canada Pension Plan Regulations. If adopted, the proposed Regulations would prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan (“CPP”), one of the factors relevant to determining when a person is…

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…

Ontario Proposes “10% Rule” Exemption for U.S. Government Securities

On February 5, 2014, the Ontario government published proposed amendments to Regulation 909 under the Pension Benefits Act that would, if adopted, exempt investments in securities issued and fully guaranteed by the government of the United States of America (“U.S.”) from the so-called “10% rule” in respect of the quantitative investment limits applicable to registered…

Mere compliance with OHSA order not a mitigating sentencing factor, says Ontario Court of Appeal

Flex-N-Gate, an automobile parts manufacturer, was charged under the Occupational Health and Safety Act (“OHSA”) after a worker badly injured her foot while unbundling 5200 bounds of metal sheets. At the time of the accident the injured worker was following company procedure. A Ministry of Labour (“MOL”) inspector investigated the accident and issued two orders…

Supreme Court Weighs in on Summary Judgment

Yesterday, the Supreme Court of Canada rendered two companion decisions in which it clarified the scope and process of summary judgment motions. In the unanimous decision, the Supreme Court provides some much needed guidance to the legal profession on the proper use of summary judgment motions in what the Supreme Court recognizes is a changing…

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,”…

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.