Ontario Announces ORPP Consultation Process

On November 18, 2014, the Ontario government published additional information outlining the Ontario Retirement Pension Plan (“ORPP”) framework, and is presently soliciting feedback on the ORPP design and implementation process through a series of targeted questions for employers and employees. Verbal or written feedback may be provided directly to the Associate Minister of Finance. No…

Raising the Bar – Eighth Edition

Dear Readers, With the first big snowfall and the coming of the holiday season, we’re thrilled to bring you the Winter 2014 edition of Raising the Bar. This time, we’re doing something a little different. Rather than our usual format, we’re devoting this entire issue to a topic that clients have been increasingly asking us…

Plans May Request Relief For Alberta EPPA Amendment Filing Deadline

As we recently reported, Alberta’s new Employment Pension Plans Act (“EPPA”) became effective September 1, 2014, and amendments to comply with the new EPPA rules were to be filed with the Alberta pension regulator by December 31, 2014. On November 19, 2014, the Alberta government announced that a plan sponsor (or its legal, actuarial or third…

Holiday Cheer: A Checklist For Employers

The holiday season is around the corner – and with it comes festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority for employers. In this FTR Now, we provide employers with a checklist of measures to consider implementing in planning for a safe holiday celebration….

The Duty of Good Faith and Honesty: An Important Foundational Decision by The Supreme Court Of Canada

The Supreme Court of Canada has issued a significant decision on the duty of good faith in the law of commercial contracts. In Bhasin v. Hrynew, the Court recognized good faith contractual performance as a general organizing principle of contract law and recognized a new “duty of honest performance” in the fulfillment of contractual obligations….

Alberta Introduces Significant Pension Reforms Effective September 1, 2014

On July 22, 2014, the government of Alberta passed the supporting regulations to the province’s new Employment Pension Plans Act (the “EPPA”), legislation enacted in December 2012 following recommendations from a 2008 report by the Alberta and British Columbia Joint Expert Panel on Pension Standards regarding pension reform in those two provinces. The new EPPA…

Solvency Funding Exemptions Extended Through 2017

On November 7, 2014, the Ontario government filed O. Reg. 207/14, amending O. Reg. 177/11 (as amended by O. Reg. 330/12) which amended Regulation 909 (General) made under the Pension Benefits Act. As previously reported, the definition of “solvency concerns” sets out the circumstances under which defined benefit pension plans are required to file annual actuarial valuations (instead of triennially)….

The Ministry of Labour and Ebola Preparedness

In light of recent concerns regarding the outbreak of Ebola abroad, the Ontario Ministry of Labour (“MOL”) has been conducting a series of Ebola preparedness investigations targeting hospitals and paramedic services. In this FTR Now, we outline best practices for handling an investigation by the MOL and consider the right of employees – including health…

Divisional Court Upholds Jan Wong’s Obligation to Repay Settlement Funds for Breach of Confidentiality

The Ontario Divisional Court has unanimously upheld Arbitrator Louisa Davie’s decision that Jan Wong breached her confidentiality obligations under a settlement with her former employer, The Globe and Mail (the “Globe”) and is bound by the repayment obligation she agreed to as part of the settlement. The Court held that Ms Wong lacked standing to…