Ensuring a Successful Return to Work in a COVID-19 World

As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.

Ontario Passes Amendments to Permit Additional Electronic Beneficiary Designations

On May 12, 2020, the Ontario government introduced and passed Bill 190, COVID-19 Response and Reforms to Modernize Ontario Act, 2020 (Bill 190). Among other changes, Bill 190 amends the Succession Law Reform Act to permit electronic beneficiary designations, and makes a consequential amendment to the Pension Benefits Act (PBA). The amendments permit electronic beneficiary…

Canada Revenue Agency Announces Temporary COVID-19 Relief for Registered Pension Plans

In response to industry requests, the Canada Revenue Agency (CRA) announced on May 5, 2020 that the minimum 1% employer contribution rule applicable to defined contribution (DC) pension plans is temporarily suspended. In addition, the federal Department of Finance issued a comfort letter confirming that it will recommend an amendment to the Income Tax Regulations to extend the deadline for electing to purchase a leave of absence on a current-service basis. These measures are intended to temporarily assist the sponsors and administers of DC and defined benefit (DB) registered pension plans in light of the COVID-19 pandemic.

Ontario Temporarily Reduces Financial Penalties for Late PBGF Assessments

On April 30, 2020, the Ontario government filed Ontario Regulation 187/20 amending Regulation 909 made under the Pension Benefits Act. This amendment allows for significantly reduced financial penalties for late payment of a Pension Benefits Guarantee Fund (PBGF) assessment. Normally, an employer who fails to pay a PBGF assessment by the assessment date must pay…

Further Measures Announced in Relation to COVID-19

Late last week, the Ontario government amended a number of measures already introduced in light of COVID-19. It updated the “COVID-19 Self-Assessment Tool” to include an expanded list of symptoms for which self-isolation is required. It made further orders under the Emergency Management and Civil Protection Act regarding health care, an expanded list of essential workers eligible for child care and seasonal campgrounds. The federal government provided more information on initiatives already underway, including with respect to the eligibility requirements for the Canada Emergency Response Benefit (CERB).

Federally Regulated DB Pension Plans Given Temporary Relief as a Result of COVID-19

On April 15, 2020, the federal government announced that, effective immediately, it is providing temporary relief to sponsors of federally regulated defined benefit (DB) pension plans, in light of the pandemic’s negative effect on the economy and the resulting financial constraints faced by many sponsors. For the remainder of 2020, there will be a moratorium…