In Krishnamoorthy v. Olympus Canada Inc., the Ontario Court of Appeal recently considered the issue of continuity of an employee’s employment following the sale of a business, and in particular, where the sale of business involves the acquisition of only some of the vendor company’s assets. The plaintiff, Krishnamoorthy, became employed with Carsen Group in…
Publication Type: Blog Post
Bill 148 Passes
On November 22, 2017, the Ontario government passed Bill 148, Fair Workplaces, Better Jobs Act, 2017, legislation that significantly changes workplace laws in Ontario. For more information, see our recent FTR Nows (which are best read in conjunction with one another): More Changes to Bill 148 after Second Committee Review (November 17, 2017) Big Changes…
Regulations Amending the Old Age Security Act Regulations Released
On November 15, 2017, amendments to the Old Age Security Regulations (Regulations) were published in the Canada Gazette to: Phase in automatic enrollment for Guaranteed Income Supplement (GIS) benefits, alongside enrollment for Old Age Security (OAS), by the 65th birthday of eligible individuals Revert the age of eligibility for OAS benefits to age 65 from…
Regulations Amending the Employment Insurance Regulations Released
Significant amendments to the Employment Insurance Regulations have been filed and were published in the Canada Gazette on November 15, 2017 to implement the availability of Employment Insurance (EI) benefits for the care of critically ill adult family members and the option to extend parental leaves, initiatives outlined in the 2017 Federal Budget. The changes…
Ontario Amends PBA and PRPP Regulations; Introduces Legislation Affecting Police Sector Asset Transfers
Annuity Purchases on Wind Up On November 3, 2017, O. Reg. 412/17, amending Regulation 909 (General) made under the Pension Benefits Act (PBA), was filed. As discussed in our FTR Now, Ontario’s Bill 70: The New Face of Pension Regulation Revealed, amendments will be made to the PBA requiring administrators appointed by the Superintendent of…
Federal Government Introduces Legislation to Prevent Workplace Harassment and Violence
On November 7, 2017, the federal government tabled Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, which, if passed, will amend the Canada Labour Code with respect to the prevention of workplace harassment and violence…
Supreme Court of Canada Affirms Management Rights Must Be Exercised Reasonably and Consistently with the Collective Agreement
It is critical for employers in the unionized context to remember that when creating policies or workplace rules as an exercise of management rights, the rule must constitute a reasonable “balancing of interests” and must be consistent with the collective agreement. In Association of Justice Counsel v. Canada (Attorney General), the Supreme Court of Canada…
Ontario Introduces Cannabis, Smoke-Free Ontario and Road Safety Legislation
On November 1, 2017, the Ontario government tabled Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 omnibus legislation which would, if passed, regulate the cultivation, sale, distribution and consumption of cannabis in Ontario, enact the Smoke-Free Ontario Act, 2017 and make amendments to the Highway Traffic Act relating to impairment by cannabis and road safety. Among other things, the Bill provides the provincial framework for the federal Bill C-45, Cannabis Act.
Quebec Proposes to Mirror CPP Enhancements
On November 2, 2017, the Quebec government introduced Bill 149, An Act to enhance the Québec Pension Plan and to amend various retirement-related legislative provisions. Among other things, Bill 149 will enhance the Quebec Pension Plan (QPP), in a manner similar to the forthcoming enhancements to the Canada Pension Plan (CPP) outlined in our FTR…
Ontario Proposes Regulatory Amendment Under ESA Permitting PRPP Differentiation Based on Age
On October 23, 2017, the Ontario government published a proposed draft amendment to O. Reg. 286/01 made under the Employment Standards Act, 2000 (ESA) to create a new exemption for pooled registered pension plans (PRPPs) with respect to age-based differentiation in certain circumstances. Currently, the ESA prohibits employers from providing a pension plan that treats employees,…