On December 17, 2014, the Ontario government released a consultation paper inviting feedback on key design details and essential components of the Ontario Retirement Pension Plan (“ORPP”), including: defining a “comparable workplace pension plan,” to clarify membership in the ORPP; a minimum earnings threshold below which low-income workers would be exempt from contributions; and retirement…
Industry: Government Ministries & Agencies (Federal and Provincial)
Significant Reforms to Federal Union Certification and Decertification Regime
On December 16, 2014, Bill C-525, Employees’ Voting Rights Act, received Royal Assent. This omnibus legislation amends the Canada Labour Code (“Code”), the Parliamentary Employee and Staff Relations Act and the Public Service Labour Relations Act to significantly reform the existing federal union certification and decertification processes under these three statutes. Of particular note to…
Maintaining a Workplace Free of Sexual Harassment
Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…
BPS Accountability Legislation Passes with Significant Amendments
On December 9, 2014, the Ontario government passed Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, which gives the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and implements a number of measures to enhance “accountability and transparency” in the government and…
BPS Compensation and Accountability Legislation Receives Royal Assent
On December 11, 2014, Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014 (formerly Bill 179), received Royal Assent, as amended by the Standing Committe on General Government. Highlights of the Committee amendments and the impact of the legislation on affected organizations is now available in our FTR Now, “BPS Accountability Legislation Passes…
Wage Loss Replacement Plans: Canada Revenue Agency Updates Tax Withholding Requirements
Effective January 1, 2015, the Canada Revenue Agency (“CRA”) is changing the tax withholding requirements for benefits paid under a “wage loss replacement plan” (“WLRP”). The CRA will now require the withholding of income tax from benefit payments under a WLRP, even if the benefits are not subject to Canada Pension Plan (“CPP”) contributions or…
Ontario Introduces ORPP and PRPP Legislation
On December 8, 2014, the Ontario government introduced Bill 56, the Ontario Retirement Pension Plan Act, 2014, legislation intended to address the issue of retirement undersavings. As we previously reported, the government initiated a public consultation process regarding Ontario retirement pension plan (“ORPP”) implementation through targeted questions to employees and employers in November, 2014. A…
Amendments Filed to Regulation Made Under Ontario Pension Benefits Act
The Ontario government has filed O. Reg. 235/14, amending Regulation 909 of the Pension Benefits Act (“PBA”) in respect of new rules regarding Statements of Investment Policies and Procedures (“SIP&Ps”), requirements to provide periodic statements to former and retired members and the content of annual member statements. Draft regulations (“Draft Regulations”) were previously released for…
Ontario Files Regulation under PBA Regarding SIPPs and Requirements for Disclosure Statements
On November 27, 2014, the Ontario government filed O. Reg. 235/14, amending Regulation 909 made under the Pension Benefits Act (“PBA”). O. Reg. 235/14 establishes new rules regarding Statements of Investment Policies and Procedures (“SIP&Ps”). It requires that a SIP&P be filed with the Superintendent of Financial Services within 60 days after January 1, 2016…
Arbitrators Address Off-Duty Social Media Comments
Two recent City of Toronto arbitrations have addressed the issue of discipline for off-duty social media comments. On November 12, 2014, Arbitrator Elaine Newman found that the social media comments of an off-duty Toronto firefighter, which disparaged women, the disabled and visible minorities (among others), constituted serious misconduct and damaged the reputation of the Toronto…