PIPEDA Breach of Security Safeguards Regulations Published

Beginning November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require private sector organizations to provide notice to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations, Breach of Security Safeguards…

Pension Funding Reform Continues: Taking Aim at Target Benefit Multi-Employer Pension Plans

Pension plans that meet the definition of specified Ontario multi-employer pension plans (SOMEPPs) are one step closer to having the option to convert accrued defined benefits (DB) to target benefits (TB) – and one step closer to a permanent exemption from solvency funding. If your organization participates in a SOMEPP, find out what this could mean for your organization in this FTR Now.

Mandatory Breach Notification Comes to Canada: What To Do About It

It’s been a long time coming, but we finally know that mandatory breach notification is coming to Canada. Beginning November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Privacy Commissioner when a security incident involving personal information results in a “real risk of significant…

Regulations Filed Supporting Discharge of Pension Plan Administrator Upon Purchase of Annuities

On April 3, 2018, the government filed O. Reg. 193/18 (Purchase of Pension Benefits From an Insurance Company – Section 43.1 of the Act) under the Pension Benefits Act (PBA), which complements the recent funding reforms announced for defined benefit pension (DB) plans (the Regulation). As previously discussed, the government proposed rules to support a discharge…

Court Orders Employee Who Breached Fiduciary Duty to Pay Former Employer $20 Million

An Ontario Court recently awarded damages of $20 million for breach of fiduciary duty to Atlas Copco Canada Inc. (Atlas), from a former employee, in Atlas Copco Canada Inc. v. Hillier. The employee (Defendant) had been employed with Atlas as a general manager of one of its divisions and later as a vice-president. The fraudulent…

MOL’s ESA Guide Update for Equal Pay Provisions

We recently reported on the coming into force of the equal pay for equal work changes under Bill 148, Reminder: Equal Pay for Equal Work Provisions in Force April 1, 2018. The Ministry of Labour has recently updated its online Guide to the Employment Standards Act, 2000 (Guide) to address equal pay for equal work…

2018 Ontario Budget Tabled

On March 28, 2018, the Ontario government tabled its Budget 2018, A Plan for Care and Opportunity. We are currently reviewing the Budget and an FTR Now highlighting initiatives of particular interest to employers, human resource professionals and pension plan administrators will be available shortly on our website.

WSIA Amendments Imposing Costs for Workplace Accidents on Clients of Temporary Help Agencies Still Awaiting Proclamation

In 2014, the Workplace Safety and Insurance Act, 1997 (WSIA) was amended by Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014, to enact a broad regulation-making power with respect to injuries incurred by temporary help agency assignment employees who are injured while working for a client of the agency. Specifically, the injury…

Ontario Re-Introduces Pay Transparency Legislation 

On March 20, 2018, the Ontario government reintroduced its pay transparency legislation in the form of Bill 3, Pay Transparency Act, 2018. See our post of March 6, 2018, Ontario Introduces Pay Transparency Legislation, for more information about the Bill. The earlier iteration of this Bill had died on the order paper when the Legislature…

Ontario Publishes Description of Proposed Variable Benefits Regulations for DC Plans

The Ontario government posted a description of proposed regulations on March 20, 2018 enabling it to implement the variable benefit (VB) provisions applicable to defined contribution (DC) plans under the Ontario Pension Benefits Act (PBA). Background – DC Decumulation Currently, Ontario members of DC plans who have terminated their employment with the plan sponsor and…