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The Ontario Court of Appeal Confirms Pension Assignments must be “Clear and Unambiguous”

In a marriage breakdown situation where family assets are being valued and/or divided, a member’s workplace pension entitlements are often the most significant asset. To settle the property issues, a member and his or her spouse may agree that the member will assign an interest in the member’s benefit to the spouse. Unfortunately, it is…

Human Resources Legislative Update

Long-Term Care Homes Act Regulatory Amendment Filed

On July 19, 2013, the Ontario government filed O. Reg. 218/13 amending O. Reg. 79/10 (General) made under the Long-Term Care Homes Act, 2007. O. Reg. 218/13 states a member of the registered nursing staff may permit a “nursing student”, a defined term, to administer drugs to residents under certain conditions. As previously reported, comments had…

Human Resources Legislative Update

Québec Publishes Private Sector Solvency Deficiency Draft Regulation for Comment

On July 10, 2013, the Québec government published a draft regulation made under the Supplemental Pension Plans Act (“Act”) entitled “Pension plans in the private sector – New relief measures for the funding of solvency deficiencies” (“Draft Regulation”). The Draft Regulation offers relief measures for the funding of deficiencies in private sector defined benefit plans…

Human Resources Legislative Update

WSIB Announces 2014 Premium Rates

On July 12, 2013, the WSIB announced that its premium rates for Schedule 1 employers will remain at current levels for 2014. The maximum insurable earnings ceiling for 2014 will be $84,100, an increase of 1.1% from $83,200 in 2013.

Human Resources Legislative Update

Canadian Human Rights Act Amended to Delete Discriminatory Practice Relating to “Hate Messages”

On June 26, 2013, a federal private member’s Bill, Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom), received Royal Assent. Bill C-304 amends the Canadian Human Rights Act (“Act”) by repealing section 13 “Hate Messages” as a discriminatory practice, to ensure compliance with the freedom of expression guarantee in the…

Human Resources Legislative Update

PBA Amendment Relating to Retroactivity of Certain Regulations Now in Force

Schedule 11 of the Prosperous and Fair Ontario Act (Budget Measures), 2013 has been proclaimed into force effective June 21, 2013. Among other things, Schedule 11 amends the Pension Benefits Act to add a provision allowing for the retroactive effect of regulations relating to the funding of a defined benefit pension plan by allowing a…

Human Resources Legislative Update

PBA Amendment Repealing Provisions Relating to Withdrawal of Locked-In Retirement Funds in Force January 1, 2014

Section 4 of Schedule 44 of the Strong Action for Ontario Act (Budget Measures), 2012 has been proclaimed into force effective January 1, 2014. Section 4 amends the Pension Benefits Act by repealing certain provisions relating to the Superintendent’s involvement in approving withdrawals from locked-in retirement savings arrangements. As previously reported, a supporting regulation to…

Human Resources Legislative Update

Union Disclosure Bill Amended by Senate and Returned to House of Commons

On June 26, 2013, the Senate adopted a motion to amend Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations). As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require labour organizations to disclose certain prescribed information. Amendments adopted…

Human Resources Legislative Update

Federal Budget Bill Receives Royal Assent

On June 10, 2013, Bill C-60, Economic Action Plan 2013 Act, No. 1, passed Third Reading in the House of Commons. On June 25, 2013 it passed Third Reading in the Senate and on June 26, 2013 it received Royal Assent. As previously reported, Bill C-60 is omnibus legislation which will give effect to certain…

Human Resources Legislative Update

Draft Regulation under Sections 80 and 81 of the PBA Posted for Comment

On July 2, 2013, the Ontario government posted a draft regulation made under the Pension Benefits Act (“Act”) regarding pension transfers under sections 80 and 81 of the Act. A summary of the draft regulation has also been posted. Approval of the draft regulation is required before the amendments to sections 80 and 81 of…