On October 25, 2012, Bill 10, Employment Pension Plans Act, received first reading in the Alberta Legislature. Bill 10 is introduced further to a report tabled in 2008 by the Alberta and British Columbia Joint Expert Panel on Pension Standards, “Getting Our Acts Together,” regarding pension reform in those two provinces. Pension reform legislation was…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Human Resources Legislative Update
Second and Final Tranche of Pooled Registered Pension Plans Regulations Published for Comment
On October 26, 2012, the federal government announced that it was pre-publishing proposed Regulations Amending the Pooled Registered Pension Plans Regulations (“Proposed Regulations”) for public commentary and that once the Proposed Regulations are finalized, the Pooled Registered Pension Plans Act (“Act”) and its supporting regulations will come into force. As stated in the announcement, the…
Case In Point
Supreme Court of Canada Grants Leave in Cyber-Picketing Case
The Supreme Court of Canada has granted leave to appeal in United Food and Commercial Workers, Local 401 v Alberta (Attorney General), a decision from the Alberta Court of Appeal which raised extremely broad questions about the constitutionality of Alberta’s commercial sector privacy statute in disposing of a dispute about the right of a union…
Human Resources Legislative Update
Federal Government Registers Pooled Registered Pension Plans Regulations
On October 5, 2012, Pooled Registered Pension Plans Regulations were registered by the federal government. The Regulations provide supporting details for the Pooled Registered Pension Plans Act (“Act”). Among other things, the Regulations establish: the licensing conditions for a Pooled Registered Pension Plan (“PRPP”) administrator; the management and investment of funds in PRPP members’ accounts;…
Case In Point
Arbitrator Uses Proportionality Approach in Determining Discipline of Multiple Employees
A recent arbitration decision provides useful insight for employers about the nuance that an arbitrator may apply to review a penalty decision and as well serves as a reminder that employers ought to be careful to consider all factors when imposing discipline, especially when there are multiple employees involved. In Bell Technical Solutions v. Communications,…
FTR Now
Supreme Court of Canada Discusses the Reasonable Expectation of Privacy in Workplace Computer
The Supreme Court of Canada has issued a significant decision regarding workplace privacy. In R. v. Cole, it unanimously held that employees have a diminished, but reasonable, expectation of privacy in personal information stored on an employer-issued computer. Employers may continue to access information stored on their work systems for their legitimate purposes, though they…
Human Resources Legislative Update
Second Federal Omnibus Budget Bill Tabled
On October 18, 2012, the federal government tabled Bill C-45, Jobs and Growth Act, 2012, the second omnibus budget bill giving effect to the initiatives found in its Budget 2012, Economic Action Plan 2012 – A Plan for Jobs, Growth and Long-term Prosperity. If passed, Bill C-45 will, among other things: amend the rules applicable…
FTR Now
Hicks Morley Introduces Case Law Blog
Hicks Morley is pleased to announce the launch of Case In Point, a blog designed to provide human resources professionals with timely information about interesting case law developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. BACKGROUND In 2010, Hicks Morley launched Human Resources Legislative…
Case In Point
Supreme Court of Canada Renders Decision on Reasonable Expectation of Privacy in Workplace Computer
The Supreme Court of Canada rendered R. v. Cole in which it unanimously held that employees have a diminished but reasonable expectation of privacy in the use of their workplace computers. This case involved a warrantless police search of the accused’s workplace computer, which contained materials alleged to be child pornography. That evidence was excluded…
Case In Point
Federal Court of Appeal Interpretation Stands: Remuneration of Office-Holders Pensionable for CPP Purposes
On October 4, 2012, the Supreme Court of Canada denied leave to appeal from the Federal Court of Appeal’s decision in Minister of National Revenue and Real Estate Council of Alberta (“RECA”), and in doing so has helped to clarify how certain amounts paid to board members, council members and office-holders are to be treated…