In our FTR Now of September 24, 2009, “Cell Phone and Blackberry Restrictions For Drivers Are Coming Into Force: Is Your Workplace Ready?,” we provided you with a detailed overview of the new legislation restricting the use of hand-held mobile technology devices and presence of display screens while driving. Yesterday, the Ontario Government announced that…
Publication Type: Article
Cell Phone And Blackberry Restrictions For Drivers Are Coming Into Force: Is Your Workplace Ready?
CLICK HERE FOR UPDATED INFORMATION ABOUT THE COMING INTO FORCE OF BILL 118 Earlier this year, the Ontario Government passed legislation restricting the use of cell phones and mobile technology devices while operating motor vehicles. In anticipation of its coming into force later this fall, this FTR Now addresses the precautionary measures employers should implement…
Recent Developments under the AODA
It was a busy summer of new developments under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), several of which employers and other organizations should note: the “Initial Proposed Accessible Built Environment Standard” was released for public comment; the “Final Proposed Accessible Information and Communications Standard” was submitted to the Minister for approval; the…
Supreme Court of Canada Issues Definitive Guidance on Pension Plan Expenses and Use of Surplus
Today, the Supreme Court of Canada released its judgment upholding the Ontario Court of Appeal decision in Kerry (Canada) Inc. v. DCA Employees Pension Committee. The Supreme Court’s decision provides helpful guidance on a number of important issues, including the payment of plan expenses from a pension fund, the use of actuarial surplus under a…
Kerry Decision to be Released this Friday August 7th
The Supreme Court of Canada (SCC) has announced that its decision in Nolan v. Kerry (Canada) Inc. will be released at 9:45 a.m. on Friday August 7, 2009. It is anticipated that the SCC decision will provide much needed guidance on a number of important issues, including: the use of pension fund assets to pay…
Covert Surveillance Guidelines for Federally Regulated Employers
On May 27, 2009 the Office of the Privacy Commissioner of Canada issued an OPC Guideline Document: Guidance on Covert Video Surveillance in the Private Sector. The Guideline Document outlines the Commissioners recommendations to private sector organizations engaging in covert surveillance in the course of commercial activity, as well as to federally regulated employers engaging…
Prior Approval for Commuted Value Transfers Now Required
Due to recent changes to the Regulations under the Ontario Pension Benefits Act, administrators of underfunded defined benefit pension plans registered in Ontario must in certain situations obtain the approval of the Superintendent of Financial Services of Ontario (the “Superintendent”) before transferring any part of the commuted value of a terminated member’s deferred pension or…
Defining “Employer” For Pension Funding Purposes
The Financial Services Tribunal (the “Tribunal”) recently released a decision that discusses, in detail, who is the employer for funding purposes under the Pension Benefits Act (“PBA”). This decision will be of interest to employers who participate in pension plans with more than one employer, but are not multi-employer pension plans or “MEPPs”, if the…
Critical Injury or Fatality of a Non-Worker: To Report or Not To Report?
A guest drowns in the hotel pool. Does the hotel need to report the fatality to the Ministry of Labour under subsection 51(1) of the Occupational Health and Safety Act (“OHSA”)? According to a recent decision by the Ontario Labour Relations Board, the answer is “yes”. The Labour Board found that employers and contractors are…
Solvency Funding Relief is Here
This week saw the culmination of many months of work by the Ontario and Federal Governments with respect to solvency funding relief measures. As of yesterday, June 24, 2009, both sets of solvency funding relief regulations have been enacted. The new regulations attempt to balance the goals of maintaining benefit security for employees and retirees,…