On May 28, 2014, Regulations Amending the Electronic Commerce Protection Regulations (CRTC) (“Regulations”) were registered and came into force. The Regulations amend the Electronic Commerce Protection Regulations (CRTC) made under Canada’s Anti-spam legislation (“CASL”), to provide that section 5 of the Electronic Commerce Protection Regulations (CRTC) (“Specified Functions of Computer Programs”) comes into effect on…
Industry: Energy & Utilities
CPP Regulations Amended to Define “Substantially Gainful” Occupation
On June 18, 2014, Regulations Amending the Canada Pension Plan Regulations were published in the Canada Gazette. As previously reported, the Regulations amend the Canada Pension Plan Regulations to prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan, one of the factors relevant…
Court of Appeal Reduces 24.5 Months’ Notice Granted to 70 Year Old Employee
In 2013, the decision of Kotecha v. Affinia garnered some attention among employment lawyers and human resources professionals. The motion judge’s award of 24.5 months’ notice (22 months’ notice, in addition to the 11 weeks of working notice already provided) to a 70 year old employee was seen by some as a potential indicator marking…
Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook
In a recent labour arbitration award, Arbitrator Laura Trachuk upheld the dismissal of a three and one-half year employee for posting vicious, humiliating and threatening comments about a co-worker on Facebook. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…
Ontario Amends “Letter of Credit” and BPS Solvency Funding Relief Regulations
On May 17, 2014, the Ontario government published regulatory amendments to Regulation 909 (General) under the Pension Benefits Act that: clarify that for purposes of determining the total amount of all letters of credit (“LOC”) held in trust for the pension fund for inclusion in the solvency asset adjustment, the value of any special payments…
CAPSA Releases Guideline on Defined Contribution Pension Plans
On March 28, 2014, the Canadian Association of Pension Supervisory Authorities (“CAPSA”), the association which represents all Canadian pension regulators, released the final version of Guideline No. 8: Defined Contribution Pension Plans, (“DC Guidelines”) along with an accompanying reference document. The DC Guidelines were issued following the circulation of a draft version and extensive public…
Provincial Parliament Dissolved; General Election on June 12, 2014
On May 2, 2014, the 40th Parliament of Ontario was dissolved. As a result, all outstanding business before the Legislative Assembly, including all government and Private Members’ Bills, expired on the Order Paper. Parliament will reconvene following the general election, which has been set for June 12, 2014. More information is available in our FTR…
Ontario Budget 2014 and the Provincial Election – Voting Requirements and More
Last week saw significant developments at Queen’s Park that will be of interest to all employers in Ontario. On Thursday, May 1, 2014, the Ontario government introduced its 2014 Budget, entitled Building Opportunity, Securing Our Future (the “Budget”). On the same day, the government introduced Bill 194, the Building Opportunity and Securing Our Future Act…
Employer Permitted to Define “Spouse” under Benefit Plan to Exclude Married but Separated Spouses
In a recent decision of the Ontario Human Rights Tribunal (“Tribunal”) in VanderLinde v. Oshawa (City) (“VanderLinde”), the Tribunal found that it is not discriminatory for an employer to require that an employee’s legally married spouse be living with the employee as a condition of eligibility as a spouse under its group benefit plan. In…
Ontario Government Introduces Budget 2014
On May 1, 2014, the Ontario government tabled its Budget 2014: Building Opportunity, Securing Our Future. An FTR Now providing an analysis of proposals of interest to employers and plan administrators will be available shortly on our website.