Certain Old Age Security Amendments Contained in Federal Budget Bill Now in Force

The federal government has fixed March 1, 2013 as the day sections 449, 450 and 453 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) come into force. These sections amend the Old Age Security Act to provide for automatic enrolment of eligible persons for Old Age Security (“OAS”) pensions, to allow an eligible person…

Accommodating Childcare Needs: Understanding Your Obligations

In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…

Rules Amending Federal Courts Rules Registered

On February 8, 2013, the federal government registered Rules Amending the Federal Courts Rules (“Rules”). The Rules are the result of a consultation process and are housekeeping in nature. Among other things, the Rules give greater flexibility to the Chief Justice to schedule motions days, specify formatting requirements for documents, set out exceptions to general…

British Columbia Introduces PRPP Legislation

On February 28, 2013, the government of British Columbia introduced Bill 16, Pooled Registered Pension Plans Act. If passed, Bill 16 would authorize pooled registered pension plans (“PRPPs”) to be made available to provincially-regulated employees and self-employed persons in British Columbia, subject to the requirements set out in the federal Pooled Registered Pension Plans Act…

Regulation under Section 80.1 of the Pension Benefits Act Proposed

The Ontario government has proposed a new regulation relating to pension asset transfers made under section 80.1 of the Pension Benefits Act (“Act”). Proposed content for this regulation was previously posted for consultation in July 2011. This regulation is required before section 80.1 of the Act comes into effect. Once proclaimed into force, that section…

Court of Appeal for Ontario Clarifies Obligation to Report Injuries to Non-Workers

The recent Blue Mountain Resorts decision of the Court of Appeal for Ontario has clarified the circumstances in which employers are required to report a critical injury or fatality suffered by a non-worker under the Occupational Health and Safety Act (“OHSA”). This FTR Now reviews the decision and its implications for employers. BACKGROUND On December…

Federal Court Affirms Employer’s Obligation to Accommodate Childcare Needs

The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…

Carrigan v. Carrigan Estate Update: Ontario Pension Regulator Supports Common-Law Spouse’s Appeal

As first discussed in our FTR Now of November 7, 2012 “Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime“, the decision in Carrigan v. Carrigan Estate fundamentally altered the interpretation of spousal rights and priorities relating to payment of pre-retirement death benefits. The Court of Appeal awarded the pre-retirement death benefit payable under…

Raising the Bar – Fifth Edition

“Learn from yesterday, live for today, hope for tomorrow.”                                                                        Albert Einstein Dear Friends, We’re very pleased to bring you the first 2013 edition of Raising the Bar, as our publication hits its second year. In this issue, we shine a light on the law of fiduciary duties. We discuss…