On September 18, 2014, the Alberta government prorogued until November 17, 2014, bringing all business and legislation on the Order Paper before the Legislative Assembly to an end. The government’s announcement indicates that it does not intend to re-introduce Bill 9, the Public Sector Pension Plans Amendment Act or Bill 10, the Employment Pension (Private…
Practice Area: Pension, Benefits & Executive Compensation
Long-Awaited Federal Pension Regulations Are Proposed
On September 19, 2014, the federal government released long-awaited regulations for public comment that would, if adopted as drafted, implement significant reforms to the current framework governing federally regulated private pension plans. Investment-related reforms will also have implications for Ontario regulated pension plans, and for pension plans regulated by other provinces where such jurisdictions have adopted the federal…
2015 EI Maximum Insurable Earnings Rate Set
On September 12, 2014, the Canada Employment Insurance Commission (“CEIC”) announced that the 2015 Employment Insurance (“EI”) Maximum Insurable Earnings rate will increase to $49,500 from $48,600 in 2014. Premiums will be reduced by $0.34 per $100 of insurable earnings for residents of Quebec covered under the Quebec Parental Insurance Plan. Accordingly, those residents will…
Mandatory Insurance of LTD Plans: New Federal and Provincial Requirements
As previously reported, effective July 1, 2014, federally-regulated employers, including Crown corporations, who are governed by Part III of the Canada Labour Code and who provide their employees with long-term disability (“LTD”) plan benefits must insure the plan, on a go-forward basis, with an entity that is licensed to provide insurance under the laws of…
Small Business Job Credit and New EI Rate-Setting Mechanism Announced
On September 11, 2014, the federal government announced the introduction of the Small Business Job Credit (“Credit”), which is intended to provide tax relief for small employers. The Credit effectively lowers the Employment Insurance (“EI”) premium rate for eligible businesses from the current, legislated rate of $1.88, to $1.60 per $100 of insurable earnings in…
Budget Bill Includes Carrigan Pre-Retirement Death Benefit Fix
The Ontario government has taken steps in its 2014 Budget to address the impact of the Ontario Court of Appeal’s 2012 decision in Carrigan v. Carrigan Estate (“Carrigan“). On July 24, 2014, the Ontario Legislature passed Bill 14, the Building Opportunity and Securing Our Future Act (Budget Measures), 2014 (“Bill 14”), which implements some of…
New Alberta Employment Pension Plans Act Regulation
On July 22, 2014 the Alberta government enacted a supporting regulation to that province’s Employment Pension Plans Act (the “Act”), legislation enacted in December 2012 following recommendations from the Joint Expert Panel on Pension Standards. The Act and the new Employment Pension Plans Regulation will come into force on September 1, 2014. A government summary…
Ontario Budget 2014
On Monday, July 14, 2014, the newly elected Liberal government introduced the 2014 Ontario Budget. As was pledged by Premier Wynne during the election campaign, the new Budget is virtually identical to the version that was first tabled on Thursday, May 1, 2014 (and which triggered the recent election). The newly tabled Budget is still…
Ontario Government Re-Introduces Budget 2014, New Budget Bill
On July 14, 2014, the Ontario government re-introduced its 2014 Budget, entitled Building Opportunity, Securing Our Future (the “Budget”). On the same day, it tabled Bill 14, Building Opportunity and Securing Our Future Act (Budget Measures), 2014. The amendments outlined in Bill 14 are similar, but not identical, to measures proposed in the May 2014 Budget Bill…
Common Law Notice – Can Employers Deduct STD and LTD Payments?
As demonstrated by the Ontario Superior Court’s recent decision in Diamantopoulos v. KPMG LLP (“KPMG“), the answer to this question is still “it depends.” In determining the issue, courts will look at a number of contextual factors to determine “the intention of the parties” when they entered the employment agreement. In KPMG, the plaintiff commenced a…