The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman”). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…
Industry: Government Ministries & Agencies (Federal and Provincial)
Just in Time for the New Year: The AODA and its January 1, 2014 Deadlines
The January 1, 2014 deadline to comply with a number of standards in the Integrated Accessibility Standards regulation (the “IAS Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) is fast approaching for many organizations. In this FTR Now, we provide a brief overview of some key obligations required by that date….
New Pension Asset Transfer, Public Sector Solvency Funding Regulations
On December 14, 2013, the Ontario government published the following regulations under the Pension Benefits Act (the “Act”): O. Reg. 308/13 (Asset Transfers Under Section 80.1 of the Act), providing a supporting asset transfer framework for certain prescribed plans under paragraph 2 of subsection 80.1 (2) of the Act (transition, transfers upon the sale of…
Ontario Introduces Omnibus Legislation (Bill 151, Strengthening and Improving Government Act)
On December 11, 2013, the Ontario government introduced Bill 151, the Strengthening and Improving Government Act, 2013, omnibus legislation that would, if passed, amend a number of Acts and affect a range of sectors. Highlights of the Bill include: amendments to the Pension Benefits Act that would clarify spousal entitlements to pre- and post-retirement death…
Ontario Passes Employer Health Tax Act Amendments, Royal Assent Granted
On December 12, 2013, the Ontario government passed Bill 105, the Supporting Small Businesses Act, 2013. As previously reported, the Bill amends the Employer Health Tax Act to increase the exemption amount for eligible employers to $450,000 for the calendar years 2014 to 2018, after which an exemption amount would be adjusted every five years…
Application of “Family Status” Considered by the Canadian Human Rights Tribunal
Canadian human rights tribunals have, of late, been rendering decisions which examine the reach of “family status” as a prohibited ground of discrimination. Recently, the Canadian Human Rights Tribunal (the “Tribunal”) examined a case that involved eldercare responsibilities the applicant had for his mother-in-law. It found that the eligibility rules of the employer’s Relocation Directive…
Parliament Adjourns
On December 13, 2013, the House of Commons adjourned for the winter break. It is scheduled to resume sitting on January 27, 2014.
Ontario Legislative Assembly Adjourns Until February 18, 2014
On December 12, 2013, the House adjourned for the winter break. It is scheduled to resume sitting on February 18, 2014.
Canadian Human Rights Tribunal Extends “Family Status” Protection to Care for Mother-in-Law
In a recent decision of the Canadian Human Rights Tribunal (the “Tribunal”), Hicks v. Human Resources and Skills Development Canada, the Tribunal found that “family status” protection under the Canadian Human Rights Act (the “Act”) can extend to eldercare responsibilities for “in-laws.” The Complainant was employed by Human Resources and Skills Development Canada (“HRSDC”) when…
Federal Government Proposes Mandatory e-filing ITA Regulation Amendment
Further to a Budget 2009 initiative, on December 7, 2013, the federal government published proposed amendments to subsection 205.1(1) of the Income Tax Regulations. Regulations Amending the Income Tax Regulations (Mandatory Electronic Filing – Prescribed Information Returns) would expand mandatory electronic filing (“e-filing”) for prescribed information returns for the purpose of subsection 162(7.02) of the…