In June, 2011, the Canada Revenue Agency (“CRA”) announced new rules governing lump sum payments made to employees or retirees in lieu of their healthcare coverage. These new rules, which come into effect on January 1, 2012, followed the announcement in the 2011 federal Budget that CRA was re-examining its position on these payments (see…
Publication Name: FTR Now
Ontario Government Releases Final Integrated Accessibility Standards Regulation Under the AODA
On June 3, 2011, the Ontario government released the final Integrated Accessibility Standards regulation (the “Final Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA” or the “Act“). The Final Regulation combines accessibility standards in three areas – information and communication, employment, and transportation – and comes into force July 1, 2011….
Federal Budget Reintroduced June 6, 2011
On June 6, 2011, the Minister of Finance, the Honourable James M. Flaherty, reintroduced the Government of Canada’s “Budget 2011, the Next Phase of Canada’s Economic Action Plan—A Low-Tax Plan for Jobs and Growth.” In this FTR Now we provide a brief overview of the Budget highlights. As anticipated, the Budget includes all of the…
Perquisites Directive Issued by Ontario Government Now in Effect
INTRODUCTION Management Board of Cabinet (“MBC”) has issued a “Perquisites Directive” effective June 1, 2011 (“OPS Directive”) establishing rules regarding the provision of perquisites and an accountability framework for decision-makers. The OPS Directive will apply to certain public service employees and appointees of, for example, all ministries of the Ontario Government. It will not apply…
Blue Mountain Required to Report Non-Worker Injury
A recent decision of the Divisional Court confirms that employers and contractors are required to report a critical injury or fatality suffered by a non-worker in the “workplace” to the Ministry of Labour, regardless of whether workers were present at the time of the occurrence. In this FTR Now we consider this decision and what…
Ontario Pension Funding and JSPP Regulations Released
On May 20, 2011, the Ontario government filed amendments to the Pension Benefits Act Regulations (“Regulations”) that implement the first of many anticipated regulatory measures stemming from “Phase II” of Ontario’s pension reform initiative. The amendments outlined in O. Reg. 177/11 are in support of earlier amendments to the Pension Benefits Act made by Bill…
Deviation From Prescribed Waiver Form Proves Costly
In the administration of a pension plan, there are a number of situations which call for the use of prescribed forms. These forms often require decisions to be made that can affect the pension plan entitlements of members and other plan beneficiaries. Sometimes, in an effort to adapt and/or make the prescribed forms more readable…
Proposed Changes to OMERS Target Emergency Services Employees and High Income Earners
On May 4, 2011, the OMERS Sponsors Corporation (“SC”) made public seven proposed changes to the OMERS pension plans. The proposals have been put forward by various individual SC members in connection with the SC’s annual review of the OMERS pension plans. There are two main objectives: (1) improving the funded position of the top-up…
The Fraser Decision: The Supreme Court of Canada Revisits Scope of Charter-Protected Collective Bargaining Rights
On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…
Supreme Court of Canada Considers Scope of Collective Bargaining Rights
The Supreme Court of Canada has today issued its long-awaited judgment in Ontario (Attorney General) v. Fraser, 2011 SCC 20. By an 8-1 margin, the Court has found that the Agricultural Employees’ Protection Act, 2002 (AEPA) is constitutional. The case has its genesis in a challenge by Ontario farm workers to their exclusion from the…