On February 28, 2013, the government of British Columbia introduced Bill 16, Pooled Registered Pension Plans Act. If passed, Bill 16 would authorize pooled registered pension plans (“PRPPs”) to be made available to provincially-regulated employees and self-employed persons in British Columbia, subject to the requirements set out in the federal Pooled Registered Pension Plans Act…
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
Regulation under Section 80.1 of the Pension Benefits Act Proposed
The Ontario government has proposed a new regulation relating to pension asset transfers made under section 80.1 of the Pension Benefits Act (“Act”). Proposed content for this regulation was previously posted for consultation in July 2011. This regulation is required before section 80.1 of the Act comes into effect. Once proclaimed into force, that section…
FTR Now
Court of Appeal for Ontario Clarifies Obligation to Report Injuries to Non-Workers
The recent Blue Mountain Resorts decision of the Court of Appeal for Ontario has clarified the circumstances in which employers are required to report a critical injury or fatality suffered by a non-worker under the Occupational Health and Safety Act (“OHSA”). This FTR Now reviews the decision and its implications for employers. BACKGROUND On December…
FTR Now
Federal Court Affirms Employer’s Obligation to Accommodate Childcare Needs
The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…
FTR Now
Important Direction on Restrictive Covenants from the Court of Appeal for Ontario
Restrictive covenants in an employment context are intended to control an individual’s competition and conduct in relation to her employer’s business after the employment relationship ends. These covenants will only be upheld by the courts if they are reasonable as between the parties and reasonable in light of the broader public interest in discouraging restraints…
FTR Now
Supreme Court of Canada Weighs in on Plan Deficits and the Fiduciary Duty of Pension Plan Administrators in an Insolvency: Sun Indalex Finance, LLC v. United Steelworkers
INTRODUCTION On February 1, 2013, the Supreme Court of Canada issued its highly anticipated decision in Sun Indalex Finance, LLC v. United Steelworkers, largely overturning the 2011 Ontario Court of Appeal decision. The Supreme Court upheld an expansive definition of the deemed trust under the Ontario Pension Benefits Act (“PBA”) and struck down a constructive…
FTR Now
Ministry of Labour to Target Health Care Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz targeting health care workplaces in the months of February and March. MOL inspectors will conduct inspections to check on issues related to workplace violence and harassment. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
FTR Now
Ministry of Labour to Target Industrial/Construction Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz in the months of February and March which will target industrial and construction workplaces. MOL inspectors will conduct inspections relating to slip, trip and fall hazards. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
FTR Now
Supreme Court of Canada to Render Indalex Decision on February 1, 2013
The Supreme Court of Canada has announced that it will render its decision in Sun Indalex Finance, LLC et al. v. United Steelworkers et al. (“Indalex“) on Friday, February 1, 2013. The appeal relates to a decision of the Court of Appeal for Ontario that granted “super-priority” to pension funding deficits in a Companies’ Creditors…
Human Resources Legislative Update
Certain Education Act Regulations Revoked
On January 25, 2013, the Ontario government filed O. Reg. 38/13 made under the Education Act. The Regulation revokes the following regulations made under the Education Act, effective January 25, 2013: Regulation 287 of R.R.O. 1990 – Designation of School Divisions Regulation 288 of R.R.O. 1990 – Designation of Support Staff Regulation 289 of R.R.O….