On August 11, 2015, the Ontario government released new details about the Ontario Retirement Pension Plan (“ORPP”) and its implementation. As previously reported, the ORPP was announced in the 2014 Ontario Budget. A consultation paper entitled “Ontario Retirement Pension Plan: Key Design Questions” was released in December, 2014 for public comment. In particular, the paper…
Industry: Energy & Utilities
ORPP: Ontario Government Announces Implementation Details
Editor’s Note: Following publication of this communication, the Ontario government announced that the first wave of ORPP implementation will be delayed by one year to January 1, 2018. Please be sure to read our FTR Now of February 17, 2016 for updated information on this significant development, or contact your regular Hicks Morley lawyer for…
Energy & Utilities
The energy and utilities sector is complex and highly regulated, with some employers governed by provincial workplace laws and others governed federally. The sector has undergone considerable transformation in recent years, with amalgamations within the industry and the push for clean energy creating unique human resources challenges. Wage restraint legislation at the executive level and…
FSCO Invites Public Consultation on Recent Changes to SIPP Requirements
On June 30, 2015, the Financial Services Commission of Ontario (“FSCO”) posted Investment Guidance Notes on Environmental, Social and Governance Factors (ESG) and Statements of Investment Policies and Procedures (SIPPs) for Member Directed Defined Contribution Plans for public consultation prior to being finalized. Investment Guidance Notes set out the expectations of FSCO regarding the investment…
Regulation Filed on Asset Transfers under Section 80.1 of Pension Benefits Act
On June 18, 2015, O. Reg. 147/15 amending O. Reg. 308/13 (Assets Transfers under section 80.1 of the Act) made under the Pension Benefits Act (“PBA”) came into force. O. Reg. 147/15 amends the date of the effective transfer of assets under section 80.1 from June 30, 2015 to a date not later than the…
Union Financial Disclosure Bill Receives Royal Assent
On June 30, 2015, Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), received Royal Assent. Bill C-377, a private member’s bill, requires unions to file certain financial information with the Canada Revenue Agency (“CRA”) within six months from the end of each fiscal period. Among other things, information to…
Draft Regulations Governing Transfers and Conversions to JSPPs under Sections 80.4 and 81.0.1 of Pension Benefits Act Published
On June 26, 2015, the Ontario government published draft regulations (the “Draft Regulations”) setting out the proposed rules governing the merger or conversion of single employer pension plans (“SEPPs”) to jointly sponsored pension plans (“JSPPs”) in the broader public sector (“BPS”). The draft regulations will support sections 80.4 and 81.0.1 of the Pension Benefits Act…
Federal Court Confirms “Family Status” Applies to Mother-in-Law
In Canada (Attorney-General) v. Hicks, the Federal Court held that the Canadian Human Rights Tribunal (“CHRT”) did not err when it found that Human Resources and Services Development Canada (“HRSDC”) discriminated against Mr. Hicks in refusing to approve expenses associated with maintaining temporary dual residences after a relocation from Halifax to Ottawa. After Mr. Hicks…
Significant Damages Awarded Against Employer for Sexual Harassment of Temporary Foreign Workers
In a recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Vice-Chair Mark Hart imposed a significant damages award against corporate respondent Presteve Foods Ltd. and its directing mind, Jose Pratas (“the personal respondent”). In O.P.T. v. Presteve Foods Ltd., two Applicants, O.P.T. and M.P.T., alleged that the personal respondent had engaged in…
BCCA Affirms Order Requiring Google to Render Domains Unsearchable
Last Thursday, the Court of Appeal for British Columbia issued an important decision in Equustek Solutions Inc. v. Google Inc. about the power of a domestic court to make orders against non-party, internet “intermediaries” – in this case, search engine provider Google. The matter involved an order made to help a network hardware manufacturer enforce…