The Ontario government previously announced the launch of consultations on proposed regulations related to the implementation of a permanent legislative framework for target benefit multi-employer pension plans (MEPPs) in the province. The permanent framework would replace temporary funding regulations for Specified Multi-Employer Pension Plans (SOMEPPs) set to expire in 2024. The proposed framework will replace…
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Bill C-228 Offering Pension Protection in Bankruptcy Receives Royal Assent
On April 27, 2023, Bill C-228, the Pension Protection Act, received Royal Assent and is now law. As a result, pension plan deficits will be required to be paid in priority to most other creditors, including secured creditors, during bankruptcy and insolvency proceedings. In this FTR Now we consider this development and its implications for…
Ontario Announces Deadline for Employers to Apply for Paid IDEL Reimbursement
As we reported previously, paid infectious disease emergency leave (Paid IDEL) ended on March 31, 2023. On April 28, 2023, the Ontario government updated its guidelines regarding when eligible employers can apply for reimbursement payments.
Reminder: Colleges and Universities to Have Sexual Misconduct Policies in Place by July 1, 2023
We would like to remind our college and university clients that the Ontario government recently passed Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. Among other things, Bill 26 amends the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to require post-secondary institutions to address faculty and staff…
Arbitrator Addresses Reasonableness of Hospital Vaccination Policy Providing for Termination of Employment
On April 26, 2023, Arbitrator Robert Herman released his award in Lakeridge Health and CUPE, Local 6364. The award addressed two policy grievances and four individual grievances arising from the hospital’s mandatory COVID-19 vaccination policy. This is the first Ontario arbitration decision involving a hospital that has addressed the reasonableness of a vaccination policy which…
Federal Government to Extend Temporary Measures under the Temporary Foreign Worker Program
On March 27, 2023, the federal government announced the extension of temporary measures introduced during the COVID-19 pandemic under the Temporary Foreign Worker (TFW) Program. As stated in the announcement, the extended measures include: The government also announced that the TFW Program will begin transitioning to the LMIA Online Portal as the primary method to…
Paid Infectious Disease Emergency Leave Ending March 31, 2023
On March 23, 2023, the Ontario government tabled its 2023 Ontario Budget: Building a Strong Ontario. Of significance to employers, the Budget announced that the paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023. By way of background, the Paid IDEL is a form of paid leave available under the Employment…
Federal Government Increases Minimum Age for Workers to 18
On March 9, 2023 the federal government proclaimed into force amendments to the Canada Labour Code (CLC) that increase the general minimum age for employment from 17 to 18 (subject to certain exceptions). The change comes into effect as of June 12, 2023. The amendments were enacted by the Budget Implementation Act, 2018, No. 2….
Court Finds Employee’s Contract Frustrated for Failing to Comply with Mandatory Vaccination Requirements
In Croke v VuPoint Systems Ltd., the Ontario Superior Court of Justice recently found that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling the employee to wrongful dismissal damages at common law. The employer, VuPoint, provided installation services for Bell Canada. The employee exclusively worked for Bell,…
Federal Court: No Entitlement to EI Benefits Where Employee Fails to Comply With Employer’s Vaccination Policy
In Cecchetto v. Canada (Attorney General), the Federal Court recently considered a decision of the Appeal Decision of the Social Security Tribunal (SST) which denied leave to appeal a finding of the General Division of the SST that the applicant was not entitled to employment insurance (EI) benefits when his employment was terminated for failure…