Over the last few years, courts have been reluctant to enforce different “ESA only” termination provisions due to ambiguity. However, not all judges have taken the same position with respect to what constitutes an ambiguous termination provision. The following two cases offer differing views on termination provisions in employment contracts and future compliance with the…
Industry: Transportation & Warehousing
New Police Record Checks Reforms Introduced
On June 3, 2015, the Ontario government introduced Bill 113, the Police Record Checks Reform Act, 2015, legislation that would, if passed, implement a new process governing requests for searches of the Canadian Police Information Centre databases, or other police databases, in connection with screening an individual for certain purposes. Among other things, the Bill would: authorize…
Ontario Government to Amend Workplace Laws
On May 28, 2015, the Ontario government introduced Bill 109, the Employment and Labour Statute Law Amendment Act, 2015, proposed legislation intended to effect a number of changes to workplace laws, including: the labour relations provisions of the Fire Protection and Prevention Act, 1997 ("FPPA"); the Public Sector Labour Relations Transition Act, 1997 ("PSLRTA"); and…
Ontario Passes PRPP Legislation
On May 26, 2015, Bill 57, the Pooled Registered Pension Plans Act, 2015, passed Third Reading, as amended by the Standing Committee on Social Policy. The Bill, which is awaiting Royal Assent, will come into force on a date to be named by proclamation. As we previously reported, pooled registered pension plans (“PRPPs”) are a…
Federal Government Announces Possible Canada Pension Plan Expansion
On May 26, 2015, the federal government announced that it will conduct public consultations regarding potential changes to the Canada Pension Plan (“CPP”) to allow Canadians to voluntarily contribute more. No details were released at the time of the announcement. We will continue to monitor any developments regarding a possible expansion of the CPP.
Alberta Extends Deadline for Filing Amendments Relating to EPPA Reform
As previously reported, the pension reforms in British Columbia will come into force on September 30, 2015. Amendments to plans registered in British Columbia which reflect the new legislative requirements must be filed by December 31, 2015. While likely to follow suit, the Ontario pension regulator, the Financial Services Commission of Ontario, has not yet…
Changes to the Federal Pension Investment Rules
In March 2015, the federal government published final regulations amending investment rules under the Pension Benefits Standards Regulations, 1985 (“Regulations”). These reforms apply to federally registered pension plans and to pension plans registered in provincial jurisdictions that have adopted Schedule III of the Regulations, as amended (the “Federal Investment Rules” or “FIR”). As we previously…
Employment Standards Enforcement Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour has announced that it will do province-wide enforcement blitzes of workplaces that employ “new, young and vulnerable workers engaged in “precarious employment”” and temporary foreign workers to ensure that employers are complying with their obligations under the Employment Standards Act, 2000. The blitzes will take place from May 1 to…
Ontario Begins Consultations on Labour and Employment Reform
On May 14, 2015, the Ontario government formally commenced the "Changing Workplaces" consultations first announced in February. To facilitate this process, the government also published a guide outlining the scope of the consultations, the specific issues on which the government is soliciting feedback and instructions on how to participate. You can view the government’s announcement…
B.C. Pension Reforms Effective September 30, 2015
Effective September 30, 2015, British Columbia’s new Pension Benefits Standards Act (“PBSA”) and supporting regulation, the Pension Benefits Standards Regulation (the “New Regulation”), will come into force, at last implementing key legislative changes originally passed by the British Columbia government in the spring of 2012. Plans must be administered to reflect the new legislative requirements…