On December 18, 2012, the federal government registered Regulations Amending the Canada Industrial Relations Board Regulations, 2001 (“Regulations”), which amend the Canada Industrial Relations Board Regulations, 2001 (“CIRBR”) made under the Canada Labour Code (“Code”). As previously reported, the government had invited comments on the proposed Regulations in November 2012. The Regulations came into force…
Industry: Transportation & Warehousing
Worker Receiving WSIB Benefits Cannot Claim Monetary Relief under Collective Agreement
A recent arbitration decision considered the historic trade-off made through the enactment of workers’ compensation legislation in Ontario almost 100 years ago, when, in general terms, a worker was barred from suing his or her employer for a workplace accident or occupational disease, in exchange for which the worker would receive benefits from the (now)…
Regulatory Amendments Enacted to Allow CPPIB/PSPIB to Rely on Prudent Person Standard
On December 14, 2012, Regulations Amending the Canada Pension Plan Investment Board Regulations were registered. As previously reported and of particular note, this amendment repeals section 12 of the Canada Pension Plan Investment Board Regulations (“CPPIBR”) which established quantitative investment limits in respect of Canadian resource and real properties. The repeal of this section aligns…
Receipt of WSIB Benefits Bars Claim for Additional Monetary Damages at Arbitration
An arbitrator recently affirmed that a grievor is not entitled to monetary damages under a collective agreement where that grievor has received benefits from the Workplace Safety and Insurance Board (“WSIB”) in respect of the accident for which damages are claimed. Arbitrator Howe considered section 26(2) of the Workplace Safety and Insurance Act (“WSIA”) and…
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…
PBA Regulation Relating to HOOPP, CAAT/OPSEU Pension Plans Filed
On December 20, 2012, the Ontario government filed O. Reg. 447/12, which amends Regulation 909 made under the Pension Benefits Act. O. Reg. 447/12 adds a section to Regulation 909 that states the administrator of any of the Colleges of Applied Arts and Technology Pension Plan, the Healthcare of Ontario Pension Plan and the Ontario…
New AODA Built Environment Standards Regulations Filed
On December 17, 2012, the Ontario government filed two regulations amending the Accessibility Standards for Customer Service and the Integrated Accessibility Standards, regulations enacted under the Accessibility for Ontarians with Disabilities Act, 1995 (“AODA”). O. Reg. 413/12 adds new Built Environment Standards on the design of public spaces to the Integrated Accessibility Standards regulation (O….
First Aid Training Regulatory Amendments under Canada Labour Code Registered
On December 7, 2012, Regulations Amending Certain Regulations Made under the Canada Labour Code were registered. Among other things, the Regulations are intended to simplify the first aid training available to employees subject to federal jurisdiction through the following amendments to the Canada Occupational Health and Safety Regulations: the definition of “approved organization” will now…
New Brunswick Introduces Bill to Amend Pension Benefits Act
On December 11, 2012, Bill 20, An Act to Amend the Pension Benefits Act, received First Reading in the Legislative Assembly of New Brunswick. It received Second Reading on December 12, 2012. If passed, Bill 20 will, among other things, amend the Pension Benefits Act (“Act”) to make the following clarifications regarding shared risk pension…
Federal Pooled Registered Pension Plan (PRPP) Framework Now in Force
On December 14, 2012, the federal government announced that the second and final tranche of the regulations under the Pooled Registered Pension Plans Act (“Act”) came into force on that day, following the conclusion of a period for public comment. As previously reported, these supporting regulations address provisions of the Act, including: general requirements regarding…