The Social Justice Tribunals Ontario (“SJTO”) has announced a consultation process regarding proposed new Common Rules of Procedure which will apply to Tribunals in the SJTO cluster, including the Human Rights Tribunal of Ontario (“HRTO”). One proposed change of interest to employers and respondent service providers is the codification of existing case law regarding vexatious…
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Susan Nickerson Featured in Benefits and Pensions Monitor
On May 10, 2013, Benefits and Pensions Monitor featured commentary from Susan Nickerson in the Daily News Alerts with respect to her resent presentation at the Eckler Ltd. ‘Reality Check: Coming to Grips with the Future of Capital Accumulation Plans in Canada’ seminar. In the session ‘Lessons from U.S. Experience’, Susan stresses that Canadian defined…
Regulatory Amendments Relating to End of Mandatory Issuance of SIN Cards Now in Force
Social Insurance Number Regulations made under the Department of Human Resources and Skills Development Act, which include Consequential Amendments to the Employment Insurance Act Regulations, came into force on April 30, 2013. Among other things, these Regulations align the regulatory framework with legislative changes enacted in the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) which end the…
Ontario Tables Its 2013 Budget
On Thursday May 2, 2013, the Ontario government introduced its 2013 Budget, entitled A Prosperous and Fair Ontario (the “Budget”). The government also introduced Bill 65, the Prosperous and Fair Ontario Act (Budget Measures), 2013 (“Bill 65”), omnibus legislation designed to implement some of the proposals contained in the Budget. The Budget announced that the…
Rachel Arbour Interviewed in the CBA National Magazine
Hicks Morley’s Rachel Arbour was interviewed in the April-May 2013 edition of the CBA National Magazine in an article entitled “Pensions vs. insolvency“. In the article, Rachel answers a series of questions regarding the implications of the Indalex ruling highlighting the expanded deemed trust and pension plan governance aspects of the decision. View Article
Federal Budget Bill Tabled, Changes To Temporary Foreign Worker Program Announced
On April 29, 2013, the federal government tabled Bill C-60, Economic Action Plan 2013 Act, No. 1, omnibus legislation giving effect to some of its Budget 2013 initiatives. In conjunction with the tabling of Bill C-60 and further to its Budget 2013 initiative to ensure that Canadians have first priority at job opportunities when they…
Federal Health and Safety Tribunal Considers Fukushima Nuclear Incident in Context of Canadian Work Refusal
An Appeals Officer of the Occupational Health and Safety Tribunal Canada recently considered the damage caused to the Fukushima nuclear facility by the 2011 Japanese tsunami in the context of a work refusal under the Canada Labour Code. The appellant was a mail sorter with Canada Border Services Agency. Shortly after the Fukushima incident in…
Federal Appeals Officer Confirms Work Refusal Must Be Based on More Than “Hypothesis or Conjecture”
The Occupational Health and Safety Tribunal Canada has found that there was insufficient evidence of radiation contamination on parcels arriving from Japan after the Fukushima nuclear incident in 2011 to warrant a work refusal at a mail sorting facility. For a reasonable expectation of danger to exist, there must be more than hypothesis or conjecture….
Concerted Withdrawal of Voluntary/Extracurricular Activities by Teachers Declared an Unlawful Strike
In a landmark ruling, and after much anticipation, the Ontario Labour Relations Board (“OLRB”) has finally rendered its decision in the longstanding debate about whether the withdrawal, in combination or in concert, of participation in voluntary extracurricular activities by teachers constitutes a “strike” within the meaning of the Education Act. In this FTR Now, we…
Expert Committee on Québec Retirement System Tables Report
The Expert Committee on the Future of the Québec Retirement System has rendered its Report “Innovating for a Sustainable Retirement System.” The Committee has made a number of recommendations regarding supplemental pension plans, in particular defined benefit (“DB”) plans, which fall under the supervision of the Régie des rentes du Québec (“Régie”). Key recommendations include:…