Mandatory Insurance of LTD Plans: New Federal and Provincial Requirements

As previously reported, effective July 1, 2014, federally-regulated employers, including Crown corporations, who are governed by Part III of the Canada Labour Code and who provide their employees with long-term disability (“LTD”) plan benefits must insure the plan, on a go-forward basis, with an entity that is licensed to provide insurance under the laws of…

Small Business Job Credit and New EI Rate-Setting Mechanism Announced

On September 11, 2014, the federal government announced the introduction of the Small Business Job Credit (“Credit”), which is intended to provide tax relief for small employers. The Credit effectively lowers the Employment Insurance (“EI”) premium rate for eligible businesses from the current, legislated rate of $1.88, to $1.60 per $100 of insurable earnings in…

Hicks Morley Featured in Benefits and Pensions Monitor

On August 7, 2014, Benefits and Pensions Montior cited Hicks Morley’s recent FTR Now entitled “Budget Bill Includes Carrigan Pre-Retirement Death Benefit Fix.” This FTR Now discusses the July 24, 2014 amendments to the Pension Benefits Act (Ontario) which are intended to address the impact of the Ontario Court of Appeal’s 2012 decision in Carrigan v. Carrigan Estate. The amendments clarify the…

Benefits Canada Publishes an Article by Natasha Monkman

An article co-authored by Hicks Morley’s Natasha Monkman was published in the August 6, 2014 edition of Benefits Canada. Many employers are concerned with the volatile funding of defined benefit pension plans. On the other hand, there is concern that defined contribution pension plans will not provide adequate retirement income for employees. The article entitled, “The future of workplace…

Budget Bill Includes Carrigan Pre-Retirement Death Benefit Fix

The Ontario government has taken steps in its 2014 Budget to address the impact of the Ontario Court of Appeal’s 2012 decision in Carrigan v. Carrigan Estate (“Carrigan“). On July 24, 2014, the Ontario Legislature passed Bill 14, the Building Opportunity and Securing Our Future Act (Budget Measures), 2014 (“Bill 14”), which implements some of…

New Alberta Employment Pension Plans Act Regulation

On July 22, 2014 the Alberta government enacted a supporting regulation to that province’s Employment Pension Plans Act (the “Act”), legislation enacted in December 2012 following recommendations from the Joint Expert Panel on Pension Standards. The Act and the new Employment Pension Plans Regulation will come into force on September 1, 2014. A government summary…

Ontario Budget 2014

On Monday, July 14, 2014, the newly elected Liberal government introduced the 2014 Ontario Budget. As was pledged by Premier Wynne during the election campaign, the new Budget is virtually identical to the version that was first tabled on Thursday, May 1, 2014 (and which triggered the recent election). The newly tabled Budget is still…

Ontario Government Re-Introduces Budget 2014, New Budget Bill

On July 14, 2014, the Ontario government re-introduced its 2014 Budget, entitled Building Opportunity, Securing Our Future (the “Budget”). On the same day, it tabled Bill 14, Building Opportunity and Securing Our Future Act (Budget Measures), 2014. The amendments outlined in Bill 14 are similar, but not identical, to measures proposed in the May 2014 Budget Bill…

Common Law Notice – Can Employers Deduct STD and LTD Payments?

As demonstrated by the Ontario Superior Court’s recent decision in Diamantopoulos v. KPMG LLP (“KPMG“), the answer to this question is still “it depends.” In determining the issue, courts will look at a number of contextual factors to determine “the intention of the parties” when they entered the employment agreement. In KPMG, the plaintiff commenced a…