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…
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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…
Helping Families in Need Act Reported Back to House of Commons
On November 2, 2012, Bill C-44, Helping Families in Need Act, was reported back to the House of Commons without amendment by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. As previously reported, if passed Bill C-44 will, among other things, make certain amendments to the…
Federal Budget Bill Passes Second Reading, Referred to Committee
On October 30, 2012, Bill C-45, Jobs and Growth Act, 2012, passed Second Reading in the House of Commons and was referred to the Standing Committee on Finance. As previously reported, Bill C-45 is the second omnibus budget bill giving effect to certain initiatives contained in the federal government’s Budget 2012.
Second Federal Omnibus Budget Bill Tabled
On October 18, 2012, the federal government tabled Bill C-45, Jobs and Growth Act, 2012, the second omnibus budget bill giving effect to the initiatives found in its Budget 2012, Economic Action Plan 2012 – A Plan for Jobs, Growth and Long-term Prosperity. If passed, Bill C-45 will, among other things: amend the rules applicable…
Tax Measures from Federal Budget 2012 to be Implemented
On October 15, 2012, the federal government tabled a Notice of Ways and Means Motion to implement certain tax measures contained in the government’s March 2012 budget, the Economic Action Plan, 2012 – A Plan for Jobs, Growth and Long-Term Prosperity. Among other things, the Notice of Ways and Means Motion includes implementation of the…
Helping Families in Need Act Passes Second Reading, Referred to Committee
On October 2, 2012, Bill C-44, Helping Families in Need Act, passed Second Reading and was referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. As previously reported, among other things Bill C-44, if passed, will make certain amendments to the Employment Insurance Act and…
Information Bulletins on Anti-spam Legislation Published
Two information bulletins have been published by the Canadian Radio-Television Communications Commission (CRTC) to help businesses better understand Bill C-28, the federal anti-spam legislation. The bulletins include, among other things, examples of acceptable practices. As previously reported, Bill C-28 enacts comprehensive anti-spam legislation and specifically amends the Personal Information Protection and Electronic Documents Act (“PIPEDA”)…