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Ontario Proposes PBA Regulations For Merging or Converting SEPPs into JSPPs
On January 20, 2015, the Ontario government released proposed new regulations (“proposed Regulations”) under the Pension Benefits Act (“PBA”) for public comment. The proposed Regulations are designed to facilitate the merger of broader public sector (“BPS”) single employer pension plans (“SEPPs”) and jointly-sponsored pensions plans (“JSPPs”), either through (a) a transfer from the SEPPs to…
Ontario Consults on Mandatory LTD Insurance Regulations
On January 16, 2015, the Ontario Ministry of Finance launched a public consultation on regulations to support the new requirement to insure long-term disability benefits. As previously reported, the Ontario government passed as yet unproclaimed amendments to the Insurance Act requiring employers who provide their employees with long-term disability (“LTD”) plan benefits to insure the…
Court Upholds Two-Year Limit on LOE Benefits for Workers Age 63 or Older
The Ontario Divisional Court’s recent decision upholding the two-year limitation on loss of earnings (“LOE”) benefits for workers age 63 and older should reassure employers that Ontario courts take notice that LOE benefits are not meant to be paid for life. Section 43(1)(c) of the Workplace Safety and Insurance Act (“WSIA”) limits LOE entitlement for…
Alberta Extends Important Pension Reform Deadlines
As we previously reported, Alberta’s new Employment Pension Plans Act (the “EPPA”) and the accompanying Employment Pension Plans Regulation (“EPPA Regulations”) came into force on September 1, 2014. The new EPPA and the EPPA Regulations completely overhauled the existing pension legislation in Alberta, requiring significant alterations to pension plan terms and administrative practices of pension…
Alberta Amends Deadlines Relating to EPPA Reforms
On December 18, 2014, the Alberta government implemented a number of amendments to its Employment Pension Plans Regulation (“EPPA Regulations”), which came into force on September 1, 2014. Among other matters, the amendments provide the following: Extended Deadline – File EPPA Plan Amendments by June 30, 2015. Pension plans registered in Alberta and plans registered elsewhere…
Ontario Releases ORPP Consultation Paper
On December 17, 2014, the Ontario government released a consultation paper inviting feedback on key design details and essential components of the Ontario Retirement Pension Plan (“ORPP”), including: defining a “comparable workplace pension plan,” to clarify membership in the ORPP; a minimum earnings threshold below which low-income workers would be exempt from contributions; and retirement…
Stephanie Jeronimo and Julia Nanos Publish an Article in the Winter Edition of OMHRA’s Newsletter ECHO
Hicks Morley’s Stephanie Jeronimo and Julia Nanos co-authored an article in the winter edition of ECHO, a newsletter published by the Ontario Municipal Human Resources Association. In the article, entitled “Off-Duty Social Media Posts by Employees can be Cause for Discipline – Including Discharge” three recent arbitrations are examined, where the grievors had been discharged for off-duty posts…
Wage Loss Replacement Plans: Canada Revenue Agency Updates Tax Withholding Requirements
Effective January 1, 2015, the Canada Revenue Agency (“CRA”) is changing the tax withholding requirements for benefits paid under a “wage loss replacement plan” (“WLRP”). The CRA will now require the withholding of income tax from benefit payments under a WLRP, even if the benefits are not subject to Canada Pension Plan (“CPP”) contributions or…
Divisional Court Finds Arbitrator’s Approach to Pre-Access Drug and Alcohol Testing Reasonable
The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties’ collective agreement and the Ontario Human Rights Code. While the Court declined to comment on the Code, it upheld Arbitrator Surdykowski’s finding that the applicant had violated the collective…