On June 6, 2011, the Minister of Finance, the Honourable James M. Flaherty, reintroduced the Government of Canada’s “Budget 2011, the Next Phase of Canada’s Economic Action Plan—A Low-Tax Plan for Jobs and Growth.” In this FTR Now we provide a brief overview of the Budget highlights. As anticipated, the Budget includes all of the…
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Pension Benefits Act JSPP Amendments Come Into Force June 1, 2011
June 1, 2011 has been named as the day on which subsections 1 (9) and 3 (3) and section 16 of Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010, come into force. These provisions relate to the recently reported filing of O. Reg. 177/11, and specifically, the change affecting jointly-sponsored…
Ontario Pension Funding and JSPP Regulations Released
On May 20, 2011, the Ontario government filed amendments to the Pension Benefits Act Regulations (“Regulations”) that implement the first of many anticipated regulatory measures stemming from “Phase II” of Ontario’s pension reform initiative. The amendments outlined in O. Reg. 177/11 are in support of earlier amendments to the Pension Benefits Act made by Bill…
Ontario Signs Multi-Jurisdictional Pension Plan Agreement
On May 20, 2011, the Ontario government announced that it has signed the Agreement Respecting Multi-Jurisdictional Pension Plans (the “MJPPA”) (PDF) with the government of Quebec. The MJPPA will be effective July 1, 2011 for multi-jurisdictional pension plans where the “major authority” (province of registration) is Ontario or Quebec, and the pension plans have Ontario and…
Affordable Housing Legislation (Bill 140) Receives Royal Assent
On May 4, 2011, Bill 140, the Strong Communities Through Affordable Housing Act, received Royal Assent. As previously reported, Bill 140 carried at Third Reading after being reported with amendments by the Standing Committee on Justice Policy on April 19, 2011. When proclaimed in force, Bill 140 will repeal the Social Housing Reform Act, 2000…
The Fraser Decision: The Supreme Court of Canada Revisits Scope of Charter-Protected Collective Bargaining Rights
On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…
Supreme Court of Canada Considers Scope of Collective Bargaining Rights
The Supreme Court of Canada has today issued its long-awaited judgment in Ontario (Attorney General) v. Fraser, 2011 SCC 20. By an 8-1 margin, the Court has found that the Agricultural Employees’ Protection Act, 2002 (AEPA) is constitutional. The case has its genesis in a challenge by Ontario farm workers to their exclusion from the…
Ontario Announces Safety Blitz Focusing On Young Workers
On April 27, 2011, the Ontario government announced that it will launch a safety blitz on May 1 intended to protect young workers by ensuring that employers are complying with regulations under the Occupational Health and Safety Act. In part, the initiative will focus on whether young workers are: being instructed, trained and supervised on…
There is Nothing Common About a Constructive Dismissal
In the first case of its kind, the Ontario Superior Court of Justice has denied a motion for certification of a class action for constructive dismissal on the basis that it lacked the essential element of commonality. The decision has very significant implications for employers, particularly in the context of employers’ approaches to managing and…
Affordable Housing Legislation (Bill 140) Passes Third Reading
On April 19, 2011, Bill 140, the Strong Communities Through Affordable Housing Act, carried at Third Reading after being reported with amendments by the Standing Committee on Justice Policy. When proclaimed in force, Bill 140 will repeal the Social Housing Reform Act, 2000 and enact the Housing Services Act, 2010. As previously reported, the legislation…