In two recent cases – Real Estate Council of Alberta v. The Minister of National Revenue (“RECA”) and Her Majesty the Queen in Right of Ontario v. The Minister of National Revenue (“HMQ”) – the Tax Court of Canada (“TCC”) ruled, respectively, that attendance and per diem fees paid to persons holding an office were…
Practice Area: Pensions, Benefits & Compensation
Draft Pension Regulations (Asset Division on Marriage Breakdown) Posted for Public Comment
On March 3, 2011, the Ontario government posted draft regulations under Bill 133, the Family Statute Law Amendment Act, 2009, and a related Consultation Paper for public review and comment. Among other family law-related matters, Bill 133 amends the Pension Benefits Act and creates new rules governing both: (1) the valuation of pension assets by…
Solvency Funding Relief Details for Broader Public Sector Released by Ontario Government
On February 10, 2011, the Ontario government released the Details of the Proposed Temporary Solvency Funding Relief for Certain Pension Plans in the Broader Public Sector (“BPS”) (the “Details”). The government previously announced that it would consider providing solvency funding relief for pension plans provided in respect of BPS employers in the university sector on…
Solvency Funding Relief Proposal for Public Sector and BPS Pension Plans Released
On February 10, 2011, the Ontario government released its proposed details regarding solvency funding relief for the public sector and broader public sector (“BPS”). The government first announced that it would consider providing solvency funding relief for university pension plans on August 5, 2010 (which was consistent with the 2010 Budget announcement that solvency funding…
2010 Ontario Pension Reform Round-Up
Bill 120, Securing Pensions Benefits Now and for the Future Act, 2010, received Royal Assent on December 8, 2010. Bill 120 was one of four separate bills passed by the Ontario legislature in 2010 which included amendments to the Ontario Pension Benefits Act (“PBA“). Without a doubt, 2010 marks the most significant overhaul of Ontario’s…
Susie Taing Joins the Firm as an Associate
We are very pleased to announce that Susie Taing has joined our firm as an Associate in our Pension and Benefits practice group. Susie was called to the Ontario Bar in 2009, and obtained her commerce and law degrees at the University of Ottawa, followed by a Masters of Industrial Relations at Queen’s University. Prior…
CPP Regulatory Amendments In Force
On January 1, 2011, Regulations Amending the Canada Pension Plan Regulations came into force (SOR/2010-300). The regulations implement the legislative amendments in the Economic Recovery Act (stimulus) (which received Royal Assent on December 15, 2009) and are intended to restore and enhance the actuarial adjustments made to Canada Pension Plan retirement pensions taken before and…
FSCO Releases Plan Administrator Guideline for Public Consultation
On December 15, 2010, the Financial Services Commission of Ontario (“FSCO”) posted a draft consultation policy (the “policy”) regarding the management of inquiries and complaints by plan administrators. FSCO also posted a draft consultation guideline for developing a written policy (the “guideline”) on managing inquiries and complaints from plan beneficiaries for public review and commentary….
Federal Pension Regulations Proposed
On Tuesday, December 14, 2010, the federal government proposed a number of regulatory amendments to the Pension Benefits Standards Regulations, 1985 for public commentary. The proposed amendments are designed to increase protection of plan members and retirees and would, in part: permit plan sponsors to secure properly structured letters of credit in lieu of making…
Federal Economic Recovery Bill Passes
On December 15, 2010, Bill C-47, the Sustaining Canada’s Economic Recovery Act, received Royal Assent. The Bill is omnibus legislation and addresses numerous measures of interest to employers, including: income tax reforms relating to stock option plans and employee life and health trusts as outlined in the March 2010 Budget previously reported on August 30,…