The federal government has fixed March 1, 2013 as the day Division 7 Part 4, sections 304 to 308 and 310 to 312 and sections 685 and 687 to 695 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) come into force. Division 7 Part 4 of the JGLPA consolidates the Privacy Codes of the…
Industry: Transportation & Warehousing
Rules Amending Federal Courts Rules Registered
On February 8, 2013, the federal government registered Rules Amending the Federal Courts Rules (“Rules”). The Rules are the result of a consultation process and are housekeeping in nature. Among other things, the Rules give greater flexibility to the Chief Justice to schedule motions days, specify formatting requirements for documents, set out exceptions to general…
British Columbia Introduces PRPP Legislation
On February 28, 2013, the government of British Columbia introduced Bill 16, Pooled Registered Pension Plans Act. If passed, Bill 16 would authorize pooled registered pension plans (“PRPPs”) to be made available to provincially-regulated employees and self-employed persons in British Columbia, subject to the requirements set out in the federal Pooled Registered Pension Plans Act…
Accommodating Childcare Needs: Understanding Your Obligations
In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…
Regulation under Section 80.1 of the Pension Benefits Act Proposed
The Ontario government has proposed a new regulation relating to pension asset transfers made under section 80.1 of the Pension Benefits Act (“Act”). Proposed content for this regulation was previously posted for consultation in July 2011. This regulation is required before section 80.1 of the Act comes into effect. Once proclaimed into force, that section…
Court of Appeal for Ontario Clarifies Obligation to Report Injuries to Non-Workers
The recent Blue Mountain Resorts decision of the Court of Appeal for Ontario has clarified the circumstances in which employers are required to report a critical injury or fatality suffered by a non-worker under the Occupational Health and Safety Act (“OHSA”). This FTR Now reviews the decision and its implications for employers. BACKGROUND On December…
Federal Court Affirms Employer’s Obligation to Accommodate Childcare Needs
The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…
Carrigan v. Carrigan Estate Update: Ontario Pension Regulator Supports Common-Law Spouse’s Appeal
As first discussed in our FTR Now of November 7, 2012 “Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime“, the decision in Carrigan v. Carrigan Estate fundamentally altered the interpretation of spousal rights and priorities relating to payment of pre-retirement death benefits. The Court of Appeal awarded the pre-retirement death benefit payable under…
Nortel Pension Plans Regulation Filed
On January 15, 2013, the Ontario government filed O. Reg. 10/13, Nortel Pension Plans, made under the Pension Benefits Act (“Act”) In May 2011, the Act was amended to allow all pensioners of two specified Nortel Networks pension plans to transfer the commuted value of their benefits out of the plans. O. Reg. 10/13 prescribes…
HRTO Hearing to Proceed Despite Monetary Offer of Compensation by Respondent
In Sears v. Honda of Canada Mfg., an interim decision of the Human Rights Tribunal of Ontario (“HRTO”), the HRTO rejected a respondent employer’s proposal that it pay the applicant the monetary compensation sought and that the HRTO then decline to hear the matter further as doing so would serve no useful purpose. The applicant…