On April 24, 2014, the federal government announced the launch of consultations on a potential federal framework for Target Benefit Plans (“TBP”). TBPs, if introduced through subsequent legislative reforms, would create a new pension design option available to federally regulated private sector and Crown corporation plan sponsors under the Pension Benefits Standards Act, 1985 (“PBSA”)….
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Enforcement Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour (“MOL”) has released a schedule for coordinated, proactive enforcement blitzes under both the Employment Standards Act, 2000 and the Occupational Health and Safety Act in 2014-2015. The MOL schedule sets out province-wide, sector-specific “Provincial Blitzes, as well as smaller-scale “Provincial Initiatives” and “Regional Initiatives.”
Alberta Introduces Additional Pension Reforms
On April 16, 2014, the Alberta government introduced Bill 10, Employment Pension (Private Sector) Plans Amendment Act, 2014. Bill 10, if passed, will further amend the new Employment Pension Plans Act (“EPPA”). These proposed reforms are in addition to the amendments set out in Bill 10, Employment Pension Plans Act, which received Royal Assent on December…
Bill 122 Passes Third Reading and Receives Royal Assent
Bill 122, the School Boards Collective Bargaining Act, 2014 (“SBCBA“), passed third reading on Tuesday, April 8, 2014 and received Royal Assent on Wednesday, April 9, 2014. It now awaits proclamation by the Lieutenant Governor. Our School Board Update of October 24, 2013 described the Bill in considerable detail. In this School Board Update, we…
Supervisors of Part-Time College Employees Now Excluded from Union Membership
In a decision with important implications for colleges across the province, Arbitrator Brian Keller has found that college employees who supervise part-time bargaining unit members are excluded from bargaining unit membership by operation of the Colleges Collective Bargaining Act (the “CCBA” or “Act“). In this FTR Now, we discuss this decision and its significance for…
The American Bar Association’s International Labor & Employment Law Committee Newsletter Publishes an Article by Jennifer Del Vecchio
An article authored by Hicks Morley’s Jennifer Del Vecchio was published in the March 2014 edition of the American Bar Association’s International Labor & Employment Law Committee Newsletter. The article entitled, “Supreme Court of Canada Authorizes Québec Class Action Regarding Reduction of Retiree Benefits” discusses the Supreme Court of Canada’s decision in Vivendi Canada Inc. v….
No Jurisdiction to Determine Unjust Dismissal Complaint Where Employee Terminated Without Cause Pursuant to Employment Contract
In a recent adjudication under the Canada Labour Code (the “Code”), Adjudicator Rose relied on the Federal Court decision in Atomic Energy of Canada v. Wilson to grant an employer’s preliminary objection and dismiss an unjust dismissal complaint. In doing so, he found that in the case of without cause terminations an adjudicator lacks jurisdiction under the…
OHSA Consultation on Implementation of Working at Heights Training
The Ministry of Labour is consulting on the implementation of the Working at Heights Training Program Standard released on December 19, 2013. Specifically, a regulatory proposal outlining amendments to O. Reg. 297/13 (Occupational Health and Safety Awareness and Training) under the Occupational Health and Safety Act (“OHSA”) would, if adopted, require employers subject to O. Reg. 213/91…
Ontario Government Proposes New Public Sector Compensation Restraint Legislation
On Monday, March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014. If passed, Bill 179 would give the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and would implement a number of measures to enhance “accountability…
Federal Government Implements Transitional Pension Funding Relief Regulations (Canada Post)
On March 12, 2014, the federal government published final pension funding relief regulations temporarily relieving Canada Post Corporation from the requirement to make special payments to its defined benefit employee pension plan, as ordinarily required under the Pension Benefits Standards Act, 1985 (“PBSA”). Under the Canada Post Corporation Pension Plan Funding Regulations (“Regulations”), the Corporation will only…