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Ontario Court of Appeal Revisits Pension and Insolvency Principles: Indalex

INTRODUCTION On April 7, 2011, the Ontario Court of Appeal (the “Court”) released its decision in Re Indalex Limited. In this decision, the Court considers and revisits fundamental and established Canadian pension and insolvency law principles, making this decision required reading for members of pension committees, human resources professionals involved in pension plan administration, and…

Non-Construction Employer Declaration Provision in LRA Constitutional

On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…

A Roadmap to Federal Pension Reform

On April 1, 2011, amendments to the Pension Benefits Standards Regulations (“PBSR“) came into effect that alter the rules regarding the funding and operation of pension plans governed by the Pension Benefits Standards Act, 1985 (“PBSA“). Since 2009, the Federal Government has taken a number of steps to reform the PBSA and the PBSR. This…

Good Government Act Receives Royal Assent

On March 30, 2011, Bill 110, the Good Government Act, received Royal Assent. As previously reported, the Good Government Act is omnibus legislation that makes a number of amendments to various statutes, including several which are employment-related. The Act should be consulted for coming into force information.

Ontario Budget 2011 – Highlights for Employers

INTRODUCTION On March 29, 2011, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the government’s 2011 Budget, “Turning the Corner to a Better Tomorrow”, before the Legislature and simultaneously introduced omnibus legislation amending a variety of statutes to implement some of these initiatives through Bill 173, the Better Tomorrow for Ontario Act (Budget Measures),…

TTC “Essential Service” Legislation Receives Royal Assent

On March 30, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011,  received Royal Assent and came into force. As previously reported, Bill 150 designates the Toronto Transit Commission an essential service and provides for binding arbitration by a neutral third party where a collective agreement cannot be reached through bargaining.

TTC “Essential Service” Legislation Passes Third Reading

On March 30, 2011, Bill 150, the Toronto Transit Commission Labour Disputes Resolution Act, 2011,  passed Third Reading.  It will come into force upon Royal Assent. As previously reported, Bill 150 designates the Toronto Transit Commission an essential service and provides for binding arbitration by a neutral third party where a collective agreement cannot be…

Occupational Health and Safety Legislation Passes Second Reading

On March 29, 2011, Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011 passed second reading and was ordered referred to the Standing Committee on Social Policy. As previously reported, the proposed Bill 160 amendments are intended to respond to the recommendations provided by the Expert Panel on Occupational Health and Safety…

Ontario 2011 Budget Bill Introduced

On March 29, 2011, the Ontario government introduced Bill 173, the Better Tomorrow for Ontario Act (Budget Measures), 2011 (PDF), omnibus legislation amending a variety of statutes to implement certain initiatives outlined in the 2011 Ontario Budget tabled on that date. Highlights in Bill 173 of interest to employers include: amendments to the Pension Benefits…

Federal Pension Regulations in Effect April 1, 2011

On April 1, 2011, regulatory amendments to the Pension Benefits Standards Regulations, 1985 will come into force. These amendments support the changes to the Pension Benefits Standards Act, 1985 (PBSA) made by Bill C-9, which is discussed here.   As previously reported, these amendments will: permit plan sponsors to secure properly structured letters of credit in…