Human Resources Legislative Update

Regulatory amendment proposed for CPP Post-Retirement Benefit elections

The federal government has proposed a regulatory amendment to the Canada Pension Plan Regulations which prescribes the manner of employee elections (or revocations) regarding the new Post-Retirement Benefit (PRB), which will be available under the Canada Pension Plan (CPP) effective January 1, 2012.  The PRB extends participation in the CPP to those employees (and self-employed…

Human Resources Legislative Update

Federal Budget Implementation Bill Introduced (C-13)

On October 4, 2011, the federal government introduced Bill C-13, Keeping Canada’s Economy and Jobs Growing Act, omnibus legislation designed to implement a number of measures proposed in its 2011 Budget (as previously discussed here). If passed, the Bill would, among other things: amend the Canadian Human Rights Act to eliminate the mandatory retirement age…

Information, Privacy and Data Security Post

Hicks Morley Information and Privacy Highlights – Fall 2011

Welcome to the Fall 2011 Hicks Morley Information and Privacy Highlights! This second edition of our new re-vamped publication includes many note-worthy decisions, including Vaughan (City) (Re) , where the Information and Privacy Commissioner of Ontario found that personal information received on an unsolicited basis is not “collected” for the purposes of the Municipal Freedom…

Human Resources Legislative Update

Proposed PIPEDA amendments re-introduced as Bill C-12

On September 29, 2011, the federal government introduced Bill C-12, Safeguarding Canadians’ Personal Information Act, which, if passed, will amend the Personal Information Protection and Electronic Documents Act (“PIPEDA“).   Bill C-12 reintroduces Bill C-29 (previously reported here), which expired on the Order Paper when Parliament was proclaimed dissolved in March, 2011.  Among other things,…

Human Resources Legislative Update

2012 Basic Rate Set By Superintendent of Financial Institutions

On September 7, 2011, the Office of the Superintendent of Financial Institutions set the basic rate for the Office year beginning on April 1, 2012 at $18.00, pursuant to section 25 of the Pension Benefits Standards Regulations, 1985. This rate applies to the fees paid by federally regulated pension plans with a year-end between October…

Human Resources Legislative Update

Bill 133 (Asset Division on Marriage Breakdown) – Q & A Posted

In anticipation of January 1, 2012, when new legislation related to the division of pension assets on the breakdown of a spousal relationship comes into force, the Financial Services Commission of Ontario (“FSCO”) has published a Question and Answer guide (“Q & A”) for members of the public. As previously reported, the pension division and…

News

Personal information received on an unsolicited basis is not “collected”

The Information and Privacy Commissioner of Ontario issued a notable privacy investigation report this past summer under of the Municipal Freedom of Information and Protection of Privacy Act (the “Act“). The complainants complained, amongst other things, that the Municipality in issue had improperly collected their personal information contained in correspondence they sent to the Municipality,…

Human Resources Legislative Update

Nursing Act Amendments, Regulation To Expand Permissible Procedures

On August 19, 2011, the Ontario government filed regulatory amendments under the Nursing Act, 1991 that, in part, expand the range of procedures that may be provided by registered nurses who hold an extended certificate of registration in accordance with the regulations.  O. Reg. 387/11 and parallel amendments to the Act will expand the ability…

Human Resources Legislative Update

Federal Consultations On Employee Profit Sharing Plan Tax Rules

On August 30, 2011, the federal government released a paper outlining proposed tax rules governing Employee Profit Sharing Plans (“EPSPs”) for public consultation, in furtherance of initiatives first announced in its 2011 Budget. Specifically, the government is seeking stakeholder input on the following issues: eligibility of non-arm’s length employees / “related persons” to participate in…