A recent decision of the Ontario Labour Relations Board considered whether the Ministry of Labour and the Board can enforce an employment contract with an Ontario “choice of law” provision and references to the Employment Standards Act, 2000, where the work under the contract was performed mostly outside Ontario…
Publication Type: Blog Post
Appellate Court Affirms the Importance of Clearly Drafted Minutes of Settlement
In a recent decision of the Ontario Court of Appeal, RJM56 Investments Inc v Kurnik, the Court supported an employer’s reasonable conduct in withholding and remitting amounts owing to the Canada Revenue Agency (CRA) in the face of ambiguous minutes of settlement, and in so doing emphasized the need for carefully drafted minutes of settlement….
Ontario PRPP Legislation Now in Force
On November 8, 2016, the Ontario Pooled Registered Pension Plans Act (Act) came into force. As we previously reported, pooled registered pension plans (PRPPs) are a relatively new type of savings plan, operating much like a defined contribution pension plan that holds assets pooled together from multiple participating employers and employees. PRPPs are administered by…
First CASL Decision Invites Long-Desired Feeling of Normality
Canada’s Anti-Spam Legislation is relatively new, onerous and far from elegant. Organizations have been weighing the risks the best they can – and in doing so have puzzled over how to account for CASL’s provision for penalties of up to $10 million. On October 26th, the CRTC issued a decision in which it held that a company…
New Rules for Administrator Appointment & Advisory Committee Establishment
On October 31, 2016, the Ontario government filed new regulations under the Pension Benefits Act (PBA) to implement the measures set out below. Appointment of administrator. Effective October 31, 2016, the PBA regulations are amended to set out the prescribed circumstances in which the Superintendent may appoint an administrator for a pension plan or act…
Extended Solvency Relief for Broader Public Sector Plans
On October 31, 2016, the Ontario government filed new regulations under the Pension Benefits Act (PBA) to implement additional solvency funding relief for certain broader public sector (BPS) plans. Subsequent solvency funding relief re stage two. Effective October 31, 2016, O. Reg. 350/16, amending O. Reg. 178/11 (Solvency Funding Relief For Certain Public Sector Pension…
Federal Government Introduces Legislation to Establish Target Benefit Plans Framework
On October 19, 2016, the federal government introduced Bill C-27, An Act to amend the Pension Benefits Standards Act, 1985, legislation that would, if passed, provide a framework for the establishment, administration and supervision of target benefit plans (TBPs). TBPs provide for fixed or capped contributions, a targeted “defined benefit type” pension formula and flexibility…
What Nexus is Required to Establish a Tribunal’s Jurisdiction over Discriminatory Conduct Arising at a Workplace?
The Supreme Court of Canada will be delivering a decision likely to provide further clarity on the scope of the jurisdiction of British Columbia Human Rights Tribunal (Tribunal) to hear a complaint alleging discrimination regarding employment involving parties who work for different employers. On October 13, 2016, the Supreme Court of Canada granted leave to…
Federal Government Introduces Amending Legislation to Support CPP Enhancement
On October 6, 2016, the federal government introduced Bill C-26, An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act, new omnibus legislation to support Canada Pension Plan (CPP) enhancement. If passed, Bill C-26 would, among other things, amend the CPP to: increase the maximum…
Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism
In Ontario Public Service Employees Union v Ontario (Children and Youth Services), the Divisional Court recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work, stating that the “purpose of the duty to accommodate is to allow employees to fulfill their employment duties, not to allow employees not…