Federal Appeals Officer Confirms Work Refusal Must Be Based on More Than “Hypothesis or Conjecture”

The Occupational Health and Safety Tribunal Canada has found that there was insufficient evidence of radiation contamination on parcels arriving from Japan after the Fukushima nuclear incident in 2011 to warrant a work refusal at a mail sorting facility. For a reasonable expectation of danger to exist, there must be more than hypothesis or conjecture….

Expert Committee on Québec Retirement System Tables Report

The Expert Committee on the Future of the Québec Retirement System has rendered its Report “Innovating for a Sustainable Retirement System.” The Committee has made a number of recommendations regarding supplemental pension plans, in particular defined benefit (“DB”) plans, which fall under the supervision of the Régie des rentes du Québec (“Régie”). Key recommendations include:…

Federal Social Security Tribunal Now Operational

On April 1, 2013, the federal Social Security Tribunal (“SST”) became operational. It creates a new appeals process for decisions made under the Employment Insurance Act (“EI Act”), the Canada Pension Plan (“CPP”) and the Old Age Security Act (“OAS Act”). The SST was enacted by the Jobs, Growth and Long-term Prosperity Act (“JGLPA”), omnibus legislation…

Certain Regulations Revoked with Coming Into Force of Ontario College of Trades and Apprenticeship Act, 2009

On April 16, 2013, the Ontario government filed O. Reg. 135/13, revoking O. Reg. 573/99 and O. Reg. 222/10 made under the Apprenticeship and Certification Act, 1998. On the same day, O. Reg. 136/13 was filed, revoking O. Reg. 223/10 made under the Trades Qualification and Apprenticeship Act. O. Reg. 135/13 and O. Reg. 136/13 came…

PBA Regulation Relating to OTPP Filed

On April 11, 2013, O. Reg. 131/13, amending Regulation 909 (General) made under the Ontario Pension Benefits Act, was filed and came into force on that date. O. Reg. 131/13 amends subsection 47.7.2 (1) of Regulation 909 to add the following paragraph: 4. Ontario Teachers’ Pension Plan, registered under the Act as number 0345785. As…

Ontario Introduces Security for Critical Facilities Legislation

On April 10, 2013, the Ontario government introduced Bill 51, Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2013. If passed, Bill 51 would: Repeal the Public Works Protection Act; Amend the Police Services Act to establish powers that may be exercised by an authorized person relating to court security and to create…

Saskatchewan Introduces PRPP Legislation

On April 8, 2013, the government of Saskatchewan introduced Bill 92, The Pooled Registered Pension Plans (Saskatchewan) Act. If passed, Bill 92 would authorize pooled registered pension plans (“PRPPs”) to be made available to provincially regulated employees and self-employed persons in Saskatchewan. Subject to the legislation and any supporting regulations, the requirements set out in…

Court Clarifies Interpretation of Subsection 80(3) of the Pension Benefits Act

The Ontario Divisional Court recently rendered a significant decision under the Pension Benefits Act (Ontario Pension Board v. Ratansi). It overturned a finding of the Financial Services Tribunal that subsection 80(3) of the Pension Benefits Act (“Act”) did not prevent a plan member from commencing his or her pension while continuing to work for the…

New EI Benefit Rate Calculation to Come Into Force April 7, 2013

On April 7, 2013, certain amendments to the Employment Insurance Act (“EI Act”) made by the federal government’s Budget 2012 legislation, Jobs, Growth and Long-term Prosperity Act, will come into force and create a new benefit rate calculation for employment insurance benefits. As of April 7, 2013, the calculation of the benefit rate of most…

Ontario Launches Consultation on Development of Occupational Health and Safety Strategy

The Ontario Ministry of Labour has launched a consultation process further to the development of its first province-wide integrated occupational health and safety strategy. It has issued a consultation paper, “An Integrated Occupational Health and Safety Strategy for Ontario”, for review and comment by stakeholders. Feedback is invited on issues such as: addressing the needs…