On December 10, 2015, the Ontario government amended the Regulations under the Pension Benefits Act (“PBA”) to require pension plans to use the new mortality tables when calculating commuted values (“CVs”) for Ontario members. The use of the new mortality assumptions, which are found under section 3500 of the Actuarial Standards Board Standards of Practice…
Industry: Social Services
Deadline for Filing Amendments Relating to British Columbia’s PBSA Reform Extended
Significant reforms to the Pension Benefits Standards Act (“PBSA”) in British Columbia came into force on September 30, 2015. Originally, amendments to plans registered in British Columbia which reflect the new legislative requirements had to be filed by December 31, 2015. This week the British Columbia Financial Institutions Commission announced that the filing deadline will be extended to March 31,…
“Tips and Gratuities” Reforms to the ESA Effective June 10, 2016
On December 10, 2015, Bill 12, An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities, received Royal Assent, and accordingly, its reforms to the Employment Standards Act, 2000 (“ESA”) will come into force on June 10, 2016 (i.e. 6 months after the Royal Assent date). As previously reported, the Bill 12…
Ontario Passes Workplace Law Reforms
On December 10, 2015, the Ontario government passed Bill 109, the Employment and Labour Statute Law Amendment Act, 2015 and Bill 144, the Budget Measures Act, 2015, two pieces of legislation that implement a number of reforms to various workplace laws. Among other things, Bill 109 amends: the labour relations provisions of the Fire Protection and Prevention Act, 1997 (“FPPA”) to incorporate…
Appeal Court Upholds $20,000 Damages Award for Discrimination on the Basis of Family Status
In this latest decision which considers discrimination on the basis of family status due to childcare issues, the Court of Appeal for Ontario upheld a trial judge’s finding that an appellant employer breached both the Employment Standards Act, 2000 (“ESA”) and the Human Rights Code (“Code”) when it terminated the employment of the respondent employee…
Ontario Passes Tips and Gratuities Bill
On December 7, 2015, Bill 12 An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities passed Third Reading in the Ontario Legislature. The Bill will prohibit employers from withholding, making deductions from, or collecting tips or other gratuities from employees unless authorized to do so under the Employment Standards…
Court Examines Parties’ Intentions and Severability Clause in Upholding ESA-Only Termination Provision
Over the past few years, the Ontario Superior Court has rendered several decisions which consider the enforceability of termination notice provisions in employment contracts that provide only for the Employment Standards Act, 2000 (“ESA”) minimum entitlements. Depending on the specific wording used, many of these provisions have been held to be unenforceable for non-compliance with…
Police Record Checks Legislation Passes Third Reading
On December 1, 2015, Bill 113, the Police Record Checks Reform Act, 2015, as amended by the Standing Committee on Justice Policy, passed at Third Reading. When proclaimed in force, this legislation will implement a new process governing requests for searches of the Canadian Police Information Centre databases, or other police databases, in connection with screening an…
Private Member’s Bill Targets Temporary Help Agencies
On November 18, 2015, Bill 143, Employment Standards Amendment Act (Temporary Help Agencies), 2015, a Private Member’s Bill was introduced in the Ontario Legislature by a Liberal MPP. The Bill seeks to amend the Employment Standards Act, 2000 (“ESA”) with respect to the regulation of temporary help agencies. SUMMARY OF BILL 143 If passed, Bill…
Ontario to Reform Certain Workplace Laws Relating to Construction Labour, Pensions and Workplace Safety and Insurance
On November 18, 2015, the Ontario government introduced Bill 144, the Budget Measures Act, 2015, omnibus legislation that would, if passed and among other things, implement reforms to construction labour relations, workplace safety and insurance indexing and to certain rules governing multi-employer pension asset transfers. The proposed Bill 144 changes include: Amending the construction industry provisions of…