On December 20, 2012, the Ontario government filed O. Reg. 447/12, which amends Regulation 909 made under the Pension Benefits Act. O. Reg. 447/12 adds a section to Regulation 909 that states the administrator of any of the Colleges of Applied Arts and Technology Pension Plan, the Healthcare of Ontario Pension Plan and the Ontario…
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SCC Grants Leave to Appeal in Freedom of Association/Collective Bargaining Case
On December 20, 2012, the Supreme Court of Canada granted leave to appeal in the Mounted Police Association case which considered whether RCMP Regulations dealing with consultations between management and officers offended the freedom of association guarantee found in section 2(d) of the Charter. This case is important because it deals with the scope of…
New AODA Built Environment Standards Regulations Filed
On December 17, 2012, the Ontario government filed two regulations amending the Accessibility Standards for Customer Service and the Integrated Accessibility Standards, regulations enacted under the Accessibility for Ontarians with Disabilities Act, 1995 (“AODA”). O. Reg. 413/12 adds new Built Environment Standards on the design of public spaces to the Integrated Accessibility Standards regulation (O….
New Brunswick Introduces Bill to Amend Pension Benefits Act
On December 11, 2012, Bill 20, An Act to Amend the Pension Benefits Act, received First Reading in the Legislative Assembly of New Brunswick. It received Second Reading on December 12, 2012. If passed, Bill 20 will, among other things, amend the Pension Benefits Act (“Act”) to make the following clarifications regarding shared risk pension…
Federal Pooled Registered Pension Plan (PRPP) Framework Now in Force
On December 14, 2012, the federal government announced that the second and final tranche of the regulations under the Pooled Registered Pension Plans Act (“Act”) came into force on that day, following the conclusion of a period for public comment. As previously reported, these supporting regulations address provisions of the Act, including: general requirements regarding…
Majority of Divisional Court Overturns Expulsion of Student at Private School
What happens when a private school student smokes marijuana in his residence on the night before his final day in his final year of high school? This issue arose in a recent case before the Divisional Court, where the school allowed the student to withdraw (without his private school diploma and without permission to attend…
Helping Families in Need Act Receives Royal Assent
On December 14, 2012, Bill C-44, Helping Families in Need Act, received Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of…
When is a Pension Assignment not an Assignment?
Pension plan administrators are often required to interpret the wording of court orders and separation agreements to determine whether there is a valid and effective assignment of an interest to a member’s former spouse. Until now, the courts have not provided clear guidance on what language is needed in order to create an assignment. On…
Bill Requiring Disclosure of Information by Labour Organizations Passes Third Reading
On December 12, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) passed Third Reading in the House of Commons and proceeded to the Senate for First Reading. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require…
Helping Families in Need Act Awaiting Royal Assent
On December 12, 2012, Bill C-44, Helping Families in Need Act, passed Third Reading in the Senate and is now awaiting Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill…