On May 2, 2013, the Ontario government tabled its Budget 2013, “A Prosperous and Fair Ontario” as well as Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013, legislation which, if passed, would implement certain initiatives contained in the Budget. Among other things, the measures contained in the Budget of interest to employers…
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Rachel Arbour Interviewed in the CBA National Magazine
Hicks Morley’s Rachel Arbour was interviewed in the April-May 2013 edition of the CBA National Magazine in an article entitled “Pensions vs. insolvency“. In the article, Rachel answers a series of questions regarding the implications of the Indalex ruling highlighting the expanded deemed trust and pension plan governance aspects of the decision. View Article
No Charter-Protected Right to Strike Says Saskatchewan Court Of Appeal
In a much-anticipated decision – Government of Saskatchewan v. Saskatchewan Federation of Labour, 2013 SKCA 43 – a five-member panel of the Saskatchewan Court of Appeal has found that the Canadian Charter of Rights and Freedoms (the “Charter“) does not guarantee a right to strike for unions and their members. Rather, the Court found that…
Federal Budget Bill Tabled, Changes To Temporary Foreign Worker Program Announced
On April 29, 2013, the federal government tabled Bill C-60, Economic Action Plan 2013 Act, No. 1, omnibus legislation giving effect to some of its Budget 2013 initiatives. In conjunction with the tabling of Bill C-60 and further to its Budget 2013 initiative to ensure that Canadians have first priority at job opportunities when they…
Overtime Eligibility Class Action Certification Dismissal Upheld on Appeal
On April 23, 2013, the Ontario Divisional Court unanimously dismissed an appeal from a decision of Justice Strathy in which he denied a motion for certification of a proposed class action against CIBC and CIBC World Markets. We summarized the lower court decision in a previous FTR Now. In this FTR Now, we provide an…
Expert Committee on Québec Retirement System Tables Report
The Expert Committee on the Future of the Québec Retirement System has rendered its Report “Innovating for a Sustainable Retirement System.” The Committee has made a number of recommendations regarding supplemental pension plans, in particular defined benefit (“DB”) plans, which fall under the supervision of the Régie des rentes du Québec (“Régie”). Key recommendations include:…
Certain Regulations Revoked with Coming Into Force of Ontario College of Trades and Apprenticeship Act, 2009
On April 16, 2013, the Ontario government filed O. Reg. 135/13, revoking O. Reg. 573/99 and O. Reg. 222/10 made under the Apprenticeship and Certification Act, 1998. On the same day, O. Reg. 136/13 was filed, revoking O. Reg. 223/10 made under the Trades Qualification and Apprenticeship Act. O. Reg. 135/13 and O. Reg. 136/13 came…
PBA Regulation Relating to OTPP Filed
On April 11, 2013, O. Reg. 131/13, amending Regulation 909 (General) made under the Ontario Pension Benefits Act, was filed and came into force on that date. O. Reg. 131/13 amends subsection 47.7.2 (1) of Regulation 909 to add the following paragraph: 4. Ontario Teachers’ Pension Plan, registered under the Act as number 0345785. As…
Ontario Introduces Security for Critical Facilities Legislation
On April 10, 2013, the Ontario government introduced Bill 51, Security for Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2013. If passed, Bill 51 would: Repeal the Public Works Protection Act; Amend the Police Services Act to establish powers that may be exercised by an authorized person relating to court security and to create…
Saskatchewan Introduces PRPP Legislation
On April 8, 2013, the government of Saskatchewan introduced Bill 92, The Pooled Registered Pension Plans (Saskatchewan) Act. If passed, Bill 92 would authorize pooled registered pension plans (“PRPPs”) to be made available to provincially regulated employees and self-employed persons in Saskatchewan. Subject to the legislation and any supporting regulations, the requirements set out in…