On June 18, 2014, Regulations Amending the Canada Pension Plan Regulations were published in the Canada Gazette. As previously reported, the Regulations amend the Canada Pension Plan Regulations to prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan, one of the factors relevant…
Industry: Transportation & Warehousing
Court of Appeal Reduces 24.5 Months’ Notice Granted to 70 Year Old Employee
In 2013, the decision of Kotecha v. Affinia garnered some attention among employment lawyers and human resources professionals. The motion judge’s award of 24.5 months’ notice (22 months’ notice, in addition to the 11 weeks of working notice already provided) to a 70 year old employee was seen by some as a potential indicator marking…
Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook
In a recent labour arbitration award, Arbitrator Laura Trachuk upheld the dismissal of a three and one-half year employee for posting vicious, humiliating and threatening comments about a co-worker on Facebook. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…
CAPSA Releases Guideline on Defined Contribution Pension Plans
On March 28, 2014, the Canadian Association of Pension Supervisory Authorities (“CAPSA”), the association which represents all Canadian pension regulators, released the final version of Guideline No. 8: Defined Contribution Pension Plans, (“DC Guidelines”) along with an accompanying reference document. The DC Guidelines were issued following the circulation of a draft version and extensive public…
Provincial Parliament Dissolved; General Election on June 12, 2014
On May 2, 2014, the 40th Parliament of Ontario was dissolved. As a result, all outstanding business before the Legislative Assembly, including all government and Private Members’ Bills, expired on the Order Paper. Parliament will reconvene following the general election, which has been set for June 12, 2014. More information is available in our FTR…
Employer Permitted to Define “Spouse” under Benefit Plan to Exclude Married but Separated Spouses
In a recent decision of the Ontario Human Rights Tribunal (“Tribunal”) in VanderLinde v. Oshawa (City) (“VanderLinde”), the Tribunal found that it is not discriminatory for an employer to require that an employee’s legally married spouse be living with the employee as a condition of eligibility as a spouse under its group benefit plan. In…
Ontario Government Introduces Budget 2014
On May 1, 2014, the Ontario government tabled its Budget 2014: Building Opportunity, Securing Our Future. An FTR Now providing an analysis of proposals of interest to employers and plan administrators will be available shortly on our website.
Bill 21, Leaves to Help Families Act, Coming Into Force October 29, 2014
On April 29, 2014, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2014, as amended by the Standing Committee on General Government, passed Third Reading in the Ontario Legislature and received Royal Assent. As previously reported, the Bill will allow eligible employees to take the following job-protected unpaid leaves of absence: •Family Caregiver Leave…
Ontario Proposes Significant Regulatory Amendments under Pension Benefits Act
On April 25, 2014, the Ontario government announced a number of proposed amendments to Regulation 909 made under the Pension Benefits Act (“PBA”), further to its ongoing pension reform initiatives. The government is inviting comments from stakeholders on the following proposals: Proposed Amendment to Regulation 909 under the Pension Benefits Act: Disclosure of Environmental, Social…
Enforcement Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour (“MOL”) has released a schedule for coordinated, proactive enforcement blitzes under both the Employment Standards Act, 2000 and the Occupational Health and Safety Act in 2014-2015. The MOL schedule sets out province-wide, sector-specific “Provincial Blitzes, as well as smaller-scale “Provincial Initiatives” and “Regional Initiatives.”