The federal government has fixed March 1, 2013 as the day Division 7 Part 4, sections 304 to 308 and 310 to 312 and sections 685 and 687 to 695 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) come into force. Division 7 Part 4 of the JGLPA consolidates the Privacy Codes of the…
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Carrigan v. Carrigan Estate Update: Ontario Pension Regulator Supports Common-Law Spouse’s Appeal
As first discussed in our FTR Now of November 7, 2012 “Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime“, the decision in Carrigan v. Carrigan Estate fundamentally altered the interpretation of spousal rights and priorities relating to payment of pre-retirement death benefits. The Court of Appeal awarded the pre-retirement death benefit payable under…
Supreme Court of Canada Renders Decision in Indalex
Today, the Supreme Court of Canada rendered its long-awaited decision in Sun Indalex Finance, LLC v. United Steelworkers. The decision contains important findings with respect to, among other matters, the fiduciary duties of plan administrators, the reach of the statutory deemed trust provisions of the Ontario Pension Benefits Act, and the priority given to pension…
Supreme Court of Canada to Render Indalex Decision on February 1, 2013
The Supreme Court of Canada has announced that it will render its decision in Sun Indalex Finance, LLC et al. v. United Steelworkers et al. (“Indalex“) on Friday, February 1, 2013. The appeal relates to a decision of the Court of Appeal for Ontario that granted “super-priority” to pension funding deficits in a Companies’ Creditors…
Proposed Anti-spam Regulations Published
On January 5, 2013, Electronic Commerce Protection Regulations (“ECP Regulations”), proposed under Canada’s Anti-spam Legislation (“CASL”*), were published. As previously reported, the CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). The CASL has not yet been proclaimed into force, with the exception of certain Personal Information Protection and Electronic…
Amendment to EI Act on Employer Repayment Obligations Proclaimed Into Force
Sections 605 and 607 of the Jobs, Growth and Long-term Prosperity Act, which amend the Employment Insurance Act (“EI Act”) have been proclaimed into force effective January 6, 2013. Section 607 amends section 46 of the EI Act by adding a section which creates a time limit of 36 months on certain EI repayment obligations…
Second Omnibus Budget Bill (C-45) Receives Royal Assent
On December 14, 2012, Bill C-45, Jobs and Growth Act 2012, passed Third Reading in the Senate and received Royal Assent. As previously reported, Bill C-45 is the federal government’s second omnibus budget bill which gives effect to certain initiatives contained in its Budget 2012. The Bill should be consulted for coming into force information….
Helping Families in Need Act Receives Royal Assent
On December 14, 2012, Bill C-44, Helping Families in Need Act, received Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of…
Bill Requiring Disclosure of Information by Labour Organizations Passes Third Reading
On December 12, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) passed Third Reading in the House of Commons and proceeded to the Senate for First Reading. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require…
Helping Families in Need Act Awaiting Royal Assent
On December 12, 2012, Bill C-44, Helping Families in Need Act, passed Third Reading in the Senate and is now awaiting Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill…