On October 18th, the federal Government introduced Bill C-45, the Jobs and Growth Act, 2012. This is the second Budget Bill introduced in Parliament to enact measures announced in the federal Budget, which was tabled on March 29, 2012. In addition to enacting various Budget measures, Bill C-45 would also enact changes to the Canada…
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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…
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…
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;…
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,…
The Latest Developments in the Law of Wrongful Dismissal: Updates on Written Contracts and Mitigation, Constructive Dismissal, Cause for Dismissal and Damages (Accredited)
Agenda The purpose of this session is to provide in-house counsel with an update on recent developments in key areas of employment law and to discuss the professional implications unique to their role as advisor to an organization. Constructive Dismissal Recent developments in the law of constructive dismissal will be canvassed, including attempted claims…
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…
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…
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…
Tax Measures from Federal Budget 2012 to be Implemented
On October 15, 2012, the federal government tabled a Notice of Ways and Means Motion to implement certain tax measures contained in the government’s March 2012 budget, the Economic Action Plan, 2012 – A Plan for Jobs, Growth and Long-Term Prosperity. Among other things, the Notice of Ways and Means Motion includes implementation of the…