Submissions to the New Brunswick Pension Task Force

The Pension Task Force, established to examine the long-term stability and security of pensions in New Brunswick, is seeking submissions from the public regarding the pension plan issues under review including: the rules protecting employees and pensioners; ensuring the long-term sustainability of the pension promise made to workers; and the effectiveness of structures meant to…

Québec Budget Announces New Voluntary Retirement Savings Plans for Employees

In its March 17, 2011 budget, Québec announced that it would implement voluntary retirement savings plans (VRSPs) for all workers who do not have access to a private pension plan. VRSPs will be capital accumulation plans (defined contribution savings plans) administered by third parties such as financial institutions. The financial institutions that offer these VRSPs…

Ontario Court Finds Decision of Human Rights Tribunal to be Factually and Legally Flawed

The Ontario Divisional Court has recently found that a decision of the Ontario Human Rights Tribunal was legally and factually unsupportable and that it was “simply not possible to logically follow the pathway taken by the adjudicator and to determine the reasonableness of the conclusions reached.” In Audmax v. Human Rights Tribunal of Ontario and…

Bill 138 – Registered Human Resources Professionals Act, 2010

There has been much discussion recently in the human resources world about a Private Member’s Bill that was introduced in the Ontario Legislature on November 23, 2010. If passed, Bill 138, the Registered Human Resources Professionals Act, 2010, would create a more comprehensive legislative framework for the regulation of the human resources profession, and would…

Accident Investigations

As the number of prosecutions under the Occupational Health and Safety Act (“OHSA”) continue to rise, clients need to be effectively managing accident investigations. We have summarized some of the key OHSA issues that arise in any accident: 1. Know the Reporting Requirements The OHSA sets out different reporting requirements depending on the type of…

Supreme Court of Canada Says Privacy Commissioner Can’t Decide Privilege Claims

The Supreme Court of Canada issued its much-anticipated decision in Blood Tribe earlier this month. In a judgement written by Mr. Justice Binnie, it unanimously held that the Privacy Commissioner of Canada does not have the power to compel production of records over which an organization claims solicitor-client privilege. In doing so, the Court affirmed…

More Information on Family Status Accommodation

As many of you will know, we are currently presenting a series of client conferences across the province. One of the human rights issues we have been featuring in our conferences is the accommodation of family status. We have received some requests from attendees for case citations for some of the decisions referenced in our…

Tax-Free Savings Accounts: Potential Opportunities for Employer-Sponsored Retirement and Savings Plans

In the February 2008 Budget, the federal Minister of Finance announced a new initiative – tax free savings accounts (TFSAs). If the proposed legislation is passed, these new savings vehicles will be available to Canadian taxpayers starting in 2009. Key Features of a TFSA Canadian taxpayers will be allowed to contribute up to $5000 each…

OHRC Draft Policy on Mental Health Discrimination and Police Record Checks

In February 2008, the Ontario Human Rights Commission released a Draft Policy on Mental Health Discrimination and Police Records Check for public consultation. The draft Policy is aimed at addressing concerns that the requirements, policies and practices relating to police record checks can have a discriminatory impact on persons with mental health-related disabilities and those…