Courts Differ on Termination Provisions and Need for Future Compliance with ESA

Over the last few years, courts have been reluctant to enforce different “ESA only” termination provisions due to ambiguity. However, not all judges have taken the same position with respect to what constitutes an ambiguous termination provision. The following two cases offer differing views on termination provisions in employment contracts and future compliance with the…

New Police Record Checks Reforms Introduced

On June 3, 2015, the Ontario government introduced Bill 113, the Police Record Checks Reform Act, 2015, legislation that would, if passed, implement a new process governing requests for searches of the Canadian Police Information Centre databases, or other police databases, in connection with screening an individual for certain purposes. Among other things, the Bill would: authorize…

Ontario Government to Amend Workplace Laws

On May 28, 2015, the Ontario government introduced Bill 109, the Employment and Labour Statute Law Amendment Act, 2015, proposed legislation intended to effect a number of changes to workplace laws, including: the labour relations provisions of the Fire Protection and Prevention Act, 1997 ("FPPA"); the Public Sector Labour Relations Transition Act, 1997 ("PSLRTA"); and…

OSSTF Found to Have Engaged in Unlawful Local Strikes

In its decision released on May 26, 2015, the Ontario Labour Relations Board (the “OLRB”) ruled that the ongoing Ontario Secondary School Teachers’ Federation (“OSSTF”) teacher strikes occurring at the Durham, Peel and Rainbow District School Boards were unlawful. This conclusion was reached on the basis that the scheme of the School Boards Collective Bargaining…

Ontario Passes PRPP Legislation

On May 26, 2015, Bill 57, the Pooled Registered Pension Plans Act, 2015, passed Third Reading, as amended by the Standing Committee on Social Policy. The Bill, which is awaiting Royal Assent, will come into force on a date to be named by proclamation. As we previously reported, pooled registered pension plans (“PRPPs”) are a…

Federal Government Announces Possible Canada Pension Plan Expansion

On May 26, 2015, the federal government announced that it will conduct public consultations regarding potential changes to the Canada Pension Plan (“CPP”) to allow Canadians to voluntarily contribute more.  No details were released at the time of the announcement.  We will continue to monitor any developments regarding a possible expansion of the CPP.

Province Introduces Back-to-Work Legislation

On May 25, 2015, the Ontario government introduced Bill 103, the Protecting the School Year Act, 2015. Bill 103 is back-to-work legislation intended to bring an end to ongoing strikes at three school boards – the Durham District School Board, the Peel District School Board and the Rainbow District School Board (collectively, the “School Boards”)….

Alberta Extends Deadline for Filing Amendments Relating to EPPA Reform

As previously reported, the pension reforms in British Columbia will come into force on September 30, 2015. Amendments to plans registered in British Columbia which reflect the new legislative requirements must be filed by December 31, 2015.  While likely to follow suit, the Ontario pension regulator, the Financial Services Commission of Ontario, has not yet…

Changes to the Federal Pension Investment Rules

In March 2015, the federal government published final regulations amending investment rules under the Pension Benefits Standards Regulations, 1985 (“Regulations”). These reforms apply to federally registered pension plans and to pension plans registered in provincial jurisdictions that have adopted Schedule III of the Regulations, as amended (the “Federal Investment Rules” or “FIR”). As we previously…