The federal government has fixed June 13, 2014 as the date that Division 20 of Part 4 of the Jobs, Growth and Long-term Prosperity Act (“Act”) comes into force. Among other things, Division 20 of Part 4 of the Act amends the Government Employees Compensation Act (“GECA”) with respect to the administration of third party claims by…
Tag: Federal
Amendments Made to Federal Occupational Health and Safety Regulations
The federal government has registered two amending regulations made under the Canada Labour Code: Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program) and Regulations Amending the Canada Occupational Health and Safety Regulations (Miscellaneous Program) (“Regulations”). The purpose of the Regulations is, among other things, to clarify inconsistencies between their French…
CASL Regulations Amended
On May 28, 2014, Regulations Amending the Electronic Commerce Protection Regulations (CRTC) (“Regulations”) were registered and came into force. The Regulations amend the Electronic Commerce Protection Regulations (CRTC) made under Canada’s Anti-spam legislation (“CASL”), to provide that section 5 of the Electronic Commerce Protection Regulations (CRTC) (“Specified Functions of Computer Programs”) comes into effect on…
CPP Regulations Amended to Define “Substantially Gainful” Occupation
On June 18, 2014, Regulations Amending the Canada Pension Plan Regulations were published in the Canada Gazette. As previously reported, the Regulations amend the Canada Pension Plan Regulations to prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan, one of the factors relevant…
Federal Court of Appeal Upholds Johnstone, Clarifies Nature and Scope of Family Status Protections
On May 2, 2014, the Federal Court of Appeal unanimously upheld the findings of the Federal Court concerning an employer’s obligation to provide workplace accommodation for an employee’s childcare needs in Canada (Attorney General) v. Johnstone (“Johnstone“), a case that has garnered significant media attention. As the first decision from an appellate-level court on this…
No Jurisdiction to Determine Unjust Dismissal Complaint Where Employee Terminated Without Cause Pursuant to Employment Contract
In a recent adjudication under the Canada Labour Code (the “Code”), Adjudicator Rose relied on the Federal Court decision in Atomic Energy of Canada v. Wilson to grant an employer’s preliminary objection and dismiss an unjust dismissal complaint. In doing so, he found that in the case of without cause terminations an adjudicator lacks jurisdiction under the…
Canada Labour Code Amendments (Bill C-45) Come into Force April 1, 2014
On March 12, 2014, the federal government published an order fixing April 1, 2014 as the date on which key amendments to Part III of the Canada Labour Code (“Code”) outlined in Bill C-45, the Jobs and Growth Act, 2012, come into force. In part, the Bill C-45 amendments will implement a statutory complaints framework…
Proposed Amendment to CPP Regulations Defining “Substantially Gainful” Occupation
On February 15, 2014, the federal government published proposed Regulations Amending the Canada Pension Plan Regulations. If adopted, the proposed Regulations would prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan (“CPP”), one of the factors relevant to determining when a person is…
Federal Budget 2014
On February 11, 2014, the Minister of Finance, the Honourable James Flaherty, tabled the 2014 Federal Budget “The Road to Balance: Creating Jobs and Opportunities” (Economic Action Plan 2014). This FTR Now focuses on some of the key proposals that are of particular interest to employers, human resources professionals and pension plan administrators. TAX INITIATIVES…
Federal Budget 2014 Introduced
Today, the federal government tabled its Budget 2014, The Road to Balance: Creating Jobs and Opportunities (Economic Action Plan 2014), a brief summary of which is outlined in a Department of Finance news release. Hicks Morley is in the process of reviewing the Budget. An FTR Now outlining the Budget’s highlights for employers and pension plan…