Ontario Adopts “10% Rule” Exemption for U.S. Government Securities

On March 7, 2014, the Ontario government filed regulatory amendments to General Regulation 909 under the Pension Benefits Act. O. Reg. 51/14 (General) exempts investments in securities issued and fully guaranteed by the government of the United States of America (“U.S.”) from the so-called “10% rule” in respect of the quantitative investment limits applicable to…

OLRB Revisits the Scope of its Authority To Consider Workplace Harassment Reprisal Complaints

In two recent decisions, the Ontario Labour Relations Board (“Board”) signalled that its powers under the Occupational Health and Safety Act (“OHSA”) to consider complaints arising out of the OHSA’s workplace harassment provisions may be broader than the findings articulated in an earlier case, Confortia v. Investia Financial Services Inc. In Investia, the Board had…

Ontario Introduces Legislation Tying Minimum Wage to CPI

Further to the Ontario government’s previously reported commitment to tie future minimum wage increases to the province’s Consumer Price Index, Bill 165, the Fair Minimum Wage Act, 2014 was introduced on February 26, 2014. Bill 165 would amend the Employment Standards Act, 2000 and create a new section 23.1, setting out a framework for the…

Ontario Introduces New Immigration Legislation

On February 19, 2014, the Ontario government introduced Bill 161, the Ontario Immigration Act, 2014, proposed legislation that would, if passed, create a new framework for the recruitment, selection and admission of skilled workers in the province, and establish a significant inspection, investigation and enforcement regime. Among other matters, Bill 161 provides for the establishment by…

Pension Asset Transfers Made Easier

Long-awaited amendments to the Ontario Pension Benefits Act (“PBA”) regarding the transfer of assets between pension plans became effective on January 1, 2014. New supporting Regulations under the PBA[1] (the “Asset Transfer Regulations”) also came into force on January 1, 2014. This FTR Now provides a high-level overview of the new asset transfer regime. The…

Proposed Amendment to CPP Regulations Defining “Substantially Gainful” Occupation

On February 15, 2014, the federal government published proposed Regulations Amending the Canada Pension Plan Regulations. If adopted, the proposed Regulations would prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan (“CPP”), one of the factors relevant to determining when a person is…

Ontario Files ESA Regulatory Amendment Implementing New Minimum Wage Effective June 1, 2014

As previously reported, Ontario’s minimum wage is increasing to $11 effective June 1, 2014. On February 14, 2014, the Ontario government filed O. Reg. 31/14 amending O. Reg. 285/01 made under the Employment Standards Act, 2000 (Exemptions, Special Rules and Establishment of Minimum Wage) to implement these changes.

Federal Budget 2014

On February 11, 2014, the Minister of Finance, the Honourable James Flaherty, tabled the 2014 Federal Budget “The Road to Balance: Creating Jobs and Opportunities” (Economic Action Plan 2014). This FTR Now focuses on some of the key proposals that are of particular interest to employers, human resources professionals and pension plan administrators. TAX INITIATIVES…

New Roadmap for Summary Judgment Motions Developed by SCC

In a case involving the use of summary judgment motions (Hryniak v. Mauldin, 2014 SCC 7) , the Supreme Court of Canada discussed access to justice issues in providing courts with guidance on the test for such motions. It held that summary judgment rules must be “interpreted broadly, favouring proportionality and fair access to the…