Human Resources Legislative Update

New Income Tax Proposals Introduced – Federal Budget 2011

On August 16, 2011, the Department of Finance released draft legislative and regulatory proposals to implement a number of key tax measures first introduced by the federal government in Budget 2011, the Next Phase of Canada’s Economic Action Plan—A Low-Tax Plan for Jobs and Growth. In part, “Legislative Proposals Relating to the Income Tax Act…

Human Resources Legislative Update

Supporting Regulations Proposed for Transfer Agreements under Section 80.1

The Ontario government has posted proposed content for Pension Benefits Act regulations for public review and commentary. These regulations are required before amendments to section 80.1 of that Act come into effect. Once proclaimed in force, section 80.1 of the Act will allow the administrators of certain public sector plans to negotiate agreements to give…

Human Resources Legislative Update

Anti-spam Regulation Proposed Under Bill C-28

On July 9, 2011, the federal government published proposed Electronic Commerce Protection Regulations under Bill C-28, the so-called “anti-SPAM” legislation. The proposed Regulations are administrative in nature and specifically provide definitions for terms used in Bill C-28, including “personal relationship” and “family relationship”. The Regulations also define the specific conditions under which consent would be…

Human Resources Legislative Update

Bill 181, Mandatory Retirement Legislation For Firefighters, Receives Royal Assent

On June 1, 2011, Bill 181, Fire Protection and Prevention Amendment Act, 2011, received Royal Assent. As previously reported, Bill 181 amends the Fire Protection and Prevention Act, 1997 to provide for the mandatory retirement at age 60 of firefighters regularly assigned to fire suppression duties, in certain circumstances, and impose a duty of fair…

Human Resources Legislative Update

Application of PSLRTA Extended by Regulation to Amalgamations of Children’s Aid Societies

On June 27, 2011, the Ontario government filed O. Reg. 314/11 under the Public Sector Labour Relations Transition Act, 1997 (“Act”). O. Reg 314/11 extends the application of the Act to the amalgamations of any two or more of the children’s aid societies designated in the regulation. O. Reg. 314/11 came into force on July…

Human Resources Legislative Update

Bill 133 Regulations (Asset Division on Marriage Breakdown) Filed Under Pension Benefits Act

On June 24, 2011, the Ontario government filed long-anticipated regulations in support of amendments to the Pension Benefits Act effected by Bill 133, the Family Statute Law Amendment Act, 2009. O. Reg. 287/11 (Family Law Matters) follows the previously reported March 2011 release of draft regulations and a related Consultation Paper, and reflects that consultation…

Human Resources Legislative Update

FSCO Releases Guidance Note on Revised CIA Standards of Practice

The Financial Services Commission of Ontario (“FSCO”) released its Guidance Note (PDF) with respect to how it expects plans to apply the revised Canadian Institute of Actuaries’ (“CIA”) Practice-Specific Standards for Pension Plans (the “Standards”). The Guidance Note expressly states that the application of some of the CIA revisions to the Standards, which became effective…

Human Resources Legislative Update

Education Act Regulations Filed: Extended Day and Third Party Programs

On June 7, 2011, the Ontario government filed the following two regulations under the Education Act: O. Reg. 221/11, Extended Day and Third Party Programs, which revokes O. Reg. 225/10 (“Extended Day Programs” for schools subject to section 259 of the Act); and O. Reg. 220/11, Full Day Junior Kindergarten and Kindergarten, which revoked Schedule…

Human Resources Legislative Update

“Publicly Funded Organization” Exclusions Designated Under BPS Act

On June 7, 2011, the Ontario government filed a regulation under the Broader Public Sector Accountability Act, 2010, expressly designating (1) district social services administration boards established under the District Social Services Administration Boards Act, and (2) “First Nations” as defined in the Indian Act as excluded “Publicly Funded Organizations” for the purposes of the…