On December 5, 2012, Bill C-45, Jobs and Growth Act, 2012, passed Third Reading in the House of Commons and will proceed to the Senate for debate. As previously reported, Bill C-45 is the federal government’s second omnibus budget bill which, if passed, will give effect to certain initiatives contained in its Budget 2012. For…
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Non-Construction Employers and the Construction Industry Provisions of the Labour Relations Act
Employers that are bound to a construction collective agreement and that do not operate within the construction industry find themselves, from time to time, involved in some kind of construction activity. It is important that these employers are aware that in certain cases, their construction activities may keep them within the construction industry provisions of…
Bill Requiring Disclosure of Information by Labour Organizations Reported Back to House of Commons
On November 27, 2012, Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), was deemed reported without amendment back to the House of Commons from the Standing Committee on Finance. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to…
Federal Budget Bill Reported Back to House of Commons
On November 26, 2012, Bill C-45, Jobs and Growth Act, 2012, was reported back to the House of Commons from the Standing Committee on Finance without amendment. As previously reported, Bill C-45 is the federal government’s second omnibus Bill which, if passed, will give effect to certain initiatives contained in its Budget 2012. For more…
PBA Letters of Credit Amendment Proclaimed Into Force
Section 3 of Schedule 44 to the Strong Action for Ontario Act (Budget Measures), 2012, has been proclaimed into force effective January 1, 2013. This section repeals and replaces 55.2(12) of the Pension and Benefits Act to provide that section 55.2, Letters of Credit, will not apply with respect to a jointly sponsored pension plan…
Helping Families in Need Act Passes Third Reading
On November 20, 2012, Bill C-44, Helping Families in Need Act, was passed at Third Reading in the House of Commons and was referred to the Senate. As previously reported, if passed 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…
Federal Committee Considers Bill Requiring Disclosure of Information by Labour Organizations
On November 7, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) was considered before the House of Commons Standing Committee on Finance. Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require labour organizations to file a public information return…
The CBA National Labour and Employment Law Section Newsletter Publishes Article by Julia Nanos
An article by Hicks Morley’s Julia Nanos was published in the November 2012 issue of The CBA National Labour and Employment Law Section Newsletter. In the article entitled, “‘Non-construction employer’ declaration provision of Ontario’s Labour Relations Act, 1995 does not infringe the Charter: ONCA”, Julia comments on a recent Ontario Court of Appeal decision concerning…
Significant Decision on Pre-Retirement Death Benefits Rendered by Ontario Court of Appeal
On October 31, 2012, the majority of the Ontario Court of Appeal departed from the pension industry’s widely held interpretation of section 48 of the Pension Benefits Act when it awarded the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to the member’s common law spouse….
Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime
On October 31, 2012, a majority of the Ontario Court of Appeal awarded the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to his common law spouse. The majority’s decision in Carrigan v. Carrigan Estate (“Carrigan”) is a departure from the pension industry’s widely held interpretation…