The Court of Appeal has overturned a decision by a motion judge which allowed the plaintiffs’ wrongful dismissal actions to be decided by way of summary judgment motion. In Singh v. Concept Plastics Limited, the two plaintiffs were long-term former employees of Concept Plastics. Both brought motions to resolve their actions by way of summary…
Industry: Government Ministries & Agencies (Federal and Provincial)
Ontario Proposes Creation of Employer “Health and Safety Management Systems” under OHSA
On November 16, 2016, the Ontario government introduced Bill 70, Building Ontario Up for Everyone Act (Budget Measures), 2016, omnibus legislation that would, among other things, amend the Occupational Health and Safety Act (OHSA) to provide for the establishment of employer “health and safety management systems.” Specifically, the amendments would: define “health and safety management…
Ontario Proposes Significant Overhaul of Pension Regulatory Framework
On November 16, 2016, the Ontario government introduced Bill 70, Building Ontario Up for Everyone Act (Budget Measures), 2016, omnibus legislation that would, among other things: enact the Financial Services Regulatory Authority of Ontario Act, 2016 to establish a new framework for the creation of the Financial Services Regulatory Authority of Ontario (FSRA), replacing both…
Appellate Court Affirms the Importance of Clearly Drafted Minutes of Settlement
In a recent decision of the Ontario Court of Appeal, RJM56 Investments Inc v Kurnik, the Court supported an employer’s reasonable conduct in withholding and remitting amounts owing to the Canada Revenue Agency (CRA) in the face of ambiguous minutes of settlement, and in so doing emphasized the need for carefully drafted minutes of settlement….
Ontario PRPP Legislation Now in Force
On November 8, 2016, the Ontario Pooled Registered Pension Plans Act (Act) came into force. As we previously reported, pooled registered pension plans (PRPPs) are a relatively new type of savings plan, operating much like a defined contribution pension plan that holds assets pooled together from multiple participating employers and employees. PRPPs are administered by…
First CASL Decision Invites Long-Desired Feeling of Normality
Canada’s Anti-Spam Legislation is relatively new, onerous and far from elegant. Organizations have been weighing the risks the best they can – and in doing so have puzzled over how to account for CASL’s provision for penalties of up to $10 million. On October 26th, the CRTC issued a decision in which it held that a company…
New Rules for Administrator Appointment & Advisory Committee Establishment
On October 31, 2016, the Ontario government filed new regulations under the Pension Benefits Act (PBA) to implement the measures set out below. Appointment of administrator. Effective October 31, 2016, the PBA regulations are amended to set out the prescribed circumstances in which the Superintendent may appoint an administrator for a pension plan or act…
Extended Solvency Relief for Broader Public Sector Plans
On October 31, 2016, the Ontario government filed new regulations under the Pension Benefits Act (PBA) to implement additional solvency funding relief for certain broader public sector (BPS) plans. Subsequent solvency funding relief re stage two. Effective October 31, 2016, O. Reg. 350/16, amending O. Reg. 178/11 (Solvency Funding Relief For Certain Public Sector Pension…
Federal Post – Fourth Edition
We are pleased to bring you the final 2016 edition of the Federal Post, our newsletter designed exclusively for federally regulated employers…
Federal Government Introduces Legislation to Establish Target Benefit Plans Framework
On October 19, 2016, the federal government introduced Bill C-27, An Act to amend the Pension Benefits Standards Act, 1985, legislation that would, if passed, provide a framework for the establishment, administration and supervision of target benefit plans (TBPs). TBPs provide for fixed or capped contributions, a targeted “defined benefit type” pension formula and flexibility…