Two information bulletins have been published by the Canadian Radio-Television Communications Commission (CRTC) to help businesses better understand Bill C-28, the federal anti-spam legislation. The bulletins include, among other things, examples of acceptable practices. As previously reported, Bill C-28 enacts comprehensive anti-spam legislation and specifically amends the Personal Information Protection and Electronic Documents Act (“PIPEDA”)…
Industry: Financial Services
Operation of Pension and Benefit Plans do not Discriminate on the Basis of Age: Human Rights Tribunal of Ontario
Recent decisions of the Human Rights Tribunal of Ontario (the “Tribunal”) provide welcome guidance for employers who have been confronted with allegations that provisions of their pension and benefit plans discriminate on the basis of age under the Ontario Human Rights Code (the “Code”). In several decisions the Tribunal has held that some age-based distinctions…
Raising the Bar – Fourth Edition
“I’m so glad I live in a world where there are Octobers.” L.M. Montgomery Dear Friends, We are pleased to provide you with the fourth issue of Raising the Bar. Our batteries are recharged following a summer break, and we are ready for autumn! In this issue, we share with you recent decisions that you…
EI Rates Set for 2013
On September 14, 2012, the 2013 employment insurance premium rate for residents of all provinces (with the exception of Québec) was set at $1.88 per $100 of insurable earnings by resolution of the Canada Employment Insurance Financing Board. The 2013 employment insurance premium rate for Québec residents was set at $1.52 per $100 of insurable…
2013 Basic Rate Set By Superintendent of Financial Institutions
On September 7, 2012, the Office of the Superintendent of Financial Institutions set the basic rate for the Office year beginning on April 1, 2013 at $10.00, pursuant to the Assessment of Pension Plans Regulations. This rate applies to pension plans with a year-end between October 1, 2012, and September 30, 2013 and for newly…
October 1 Deadline to Display New Health and Safety Poster
Ontario employers must find room on their bulletin boards by October 1, 2012 to display a new Ministry of Labour poster entitled “Health and Safety at Work: Prevention Starts Here.” The poster was developed in response to a recommendation of the Expert Advisory Panel to review Ontario’s occupational health and safety system and summarizes key…
Federal Government Introduces Helping Families in Need Act
On September 20, 2012, the federal government introduced Bill C-44, the Helping Families in Need Act, legislation that would, if passed, amend (among other things) both the Employment Insurance Act (“EI Act”) and the Canada Labour Code as follows: the EI Act will provide for a new specified sickness benefit for parents receiving EI parental…
Court of Appeal Finds Insurance Producer Breached Agreement to Pay for his Book of Business
In a recent decision, the Ontario Court of Appeal found that an insurance producer breached his oral agreement with his brokerage that he would pay 50 percent of the fair market value of the book of business if he took it with him when departing. The Court ordered that the producer pay the broker for…
Survivor Benefits Amendments Proclaimed in Force October 1, 2012
On September 8, 2012, amendments to section 44 of the Pension Benefits Act were proclaimed in force effective October 1, 2012. Specifically, the amendments clarify (1) that survivor benefits can be reduced on the death of either spouse, and (2) that consent will be required in order to commute small survivor benefits where the member…
Family Caregiver Leave Bill Passes Second Reading, Referred to Committee
On September 6, 2012, Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2011 carried at Second Reading and was referred to the Standing Committee on Social Policy. As previously reported, Bill 30 would, if passed, amend the Employment Standards Act, 2000 to create Family Caregiver Leave. The leave would be available to all full-time,…