An article by Hicks Morley’s Nadine Zacks was published in the August 8, 2012 edition of Benefits Canada. In the article entitled, “Benefits laws for independent contractors,” Nadine discusses the distinction between an independent contractor and an employee and the various factors the courts will consider in making this determination. View Article
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2012 Summer Edition
FOCUS ON RIGHTS Charter rights – three decades later LEGAL DEVELOPMENTS Freedom of association under the : snake or tree? Pensions poised to take a leading role in employee terminations PROFILE The spice of life Download PDF
Ontario Government Publishes Integrated Accessibility Standards Guide and Compliance Tool
The Ontario Ministry of Community and Social Services has published “A Guide to the Integrated Accessibility Standards Regulation” dated July 2012. The Integrated Accessibility Standards (IAS) Regulation was made under the Accessibility for Ontarians with Disabilities Act, 2005. It came into force on July 1, 2011 and affects nearly all organizations in Ontario. The Guide…
Prep Time Payback – The Last (Good) Word?
School board labour relations practitioners will recall the efforts made by OPSBA in its 2009 PDT negotiations with ETFO to ensure that public school boards would not be obliged to reschedule preparation time that was missed due to such factors as board-imposed professional development held during the instructional day. The OPSBA/ETFO language stated: Missed preparation…
Letters of Credit Regulation Proposed to Implement Pension Reform Measures
On July 30, 2012, the Ontario Ministry of Finance posted details of a proposed, supporting regulation to implement the new framework for letters of credit under the yet to be proclaimed section 55.2 of the Pension Benefits Act (“PBA”). As noted in our “Pension Reform Measures in Ontario Have Arrived” FTR Now of July 27,…
Temporary solvency relief extended for specified Ontario MEPPs
The Ontario government filed regulatory amendments extending temporary solvency relief another five years for specified Ontario multi-employer pension plans (“SOMEPPs”). O. Reg. 203/12 amends sections 6.01(2), 6.0.3(2) and 6.04(1)(b) of General Regulation 909 to extend the solvency funding relief to valuations dated on or before August 31, 2017, and is now in force. We anticipate…
EI Regulations Giving Effect to Federal Budget 2012 Initiatives Now in Force
On June 20, 2012, Regulations Amending The Employment Insurance Regulations (“Regulations”) were registered and are now in force. Pilot Project No. 14, Pilot Project for Calculating Benefit Rate Based on Claimant’s 14 Highest Weeks of Insurance Earnings (Best 14 Weeks), previously scheduled to end on June 23, 2012, is extended by the Regulations and will…
Regulatory Amendments Proposed to Allow CPPIB/PSPIB to Rely on Prudent Person Standard
On June 23, 2012, the federal government published a proposed amendment to the Canada Pension Plan Investment Board Regulations which would repeal section 12 of the Regulations. That section establishes quantitative investment limits in respect of Canadian resource and real properties. Repeal of this section would align the Regulations with the Pension Benefits Standards Regulation,…
Overtime Class Action Update
On June 26, 2012, the Court of Appeal for Ontario released three decisions in proposed overtime class actions in the latest development respecting claims for overtime by current and former employees. This FTR Now discusses these decisions. The first two cases were heard by the Court of Appeal consecutively and involve proposed class proceedings against…
Reaching Out – First Edition
Dear Friends, The Social Service Sector Practice Group is pleased to introduce its first FTR Now edition of Reaching Out. Reaching Out is our Social Service Update designed to provide you with legal updates on new and developing cases, trends and topics that are relevant to your sector and which provide you with information and…