ArticleBill C-228: What Secured Parties Need To KnowBill C-228, known as the "Pension Protection Act" (the PPA) received Royal Assent in April 2023 and is now law.CanadaEmployment and HROsler, Hoskin & Harcourt LLP
ArticleBritish Columbia: A Guide To B.C.'S New Pension Legislation For HR ProfessionalsOn September 30, 2015, British Columbia's new Pension Benefits Standards Act (PBSA) and Regulation came into effect. CanadaEmployment and HRDentons Canada LLP
ArticleCase Brief: On Deduction Of Pension Benefits From Wrongful Dismissal DamagesIn August 2011, the B.C. Court of Appeal held that pension benefits received by an employee during the reasonable notice period were not to be deducted from wrongful dismissal damages.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleChanges Coming In 2015 In The Area Of Pension LawPension plans were all over the front pages in 2014. We expect that to continue through 2015. Here are a few things we are watching in Quebec:CanadaEmployment and HRLanglois Avocats
ArticleDerivatives Investments For Pension Plans: FSCO Guidance Note For CommentIn response to perceived concerns about the lack of understanding of the risks associated with investments in derivatives, the FSCO has developed guidelines for pension plans investing in derivatives and similar financial instruments. CanadaEmployment and HROsler, Hoskin & Harcourt LLP
ArticleEmployee vs. Independent Contractor: The Test RefinedThe Federal Court of Appeal recently weighed in to reconcile competing tests on the proper way to determine whether an individual is a contractor or truly an employee.CanadaEmployment and HRCassels
ArticleFederal Budget Changes Affecting EmploymentOn March 19, 2019, Finance Minister Bill Morneau tabled in the House of Commons the Liberal Government's fourth budget, Investing in the Middle Class ("Budget 2019").CanadaEmployment and HRMcCarthy Tétrault
ArticleFSCO Releases Proposed Family Law FormsIn response to Ontario’s new regime for dividing pensions on marriage breakdown, which permits the former spouse of a plan member to receive an immediate payment of his or her share of the member's pension and requires plan administrators to calculate the value of the pension, the Financial Services Commission of Ontario (FSCO) has released draft versions of the prescribed forms that must be used in the pension division process.CanadaEmployment and HROsler, Hoskin & Harcourt LLP
ArticleOSFI Introduces New Filing Procedure For Certain Applications Submitted By Pension Plan AdministratorsOn May 2, 2022, the Office of the Superintendent of Financial Institutions (OSFI) issued a notice regarding new instruction guides that will be of interest to administrators of pension plans registered under...CanadaEmployment and HRHicks Morley Hamilton Stewart Storie LLP
ArticleOttawa Releases Draft Legislation To Fix Contribution Errors In Defined Contribution Pension PlansOn February 4, 2022, the Department of Finance released for public comment a set of draft legislative proposals to implement previously announced tax measures. CanadaEmployment and HROsler, Hoskin & Harcourt LLP
ArticleShort Term Reprieve Delays Fee Disclosure, But Don't Put Compliance On The Back BurnerThe issue of whether plan fees are too high, which I write about regularly, will not go away.CanadaEmployment and HROsler, Hoskin & Harcourt LLP
ArticleSpousal Support And Early Retirement – Is It A Material Change In Circumstances And/Or Can Spousal Support End In The Event Of Early Retirement?Spousal support, sometimes referred to as maintenance or alimony, are funds that are paid to one spouse to another upon separation or a divorce. CanadaEmployment and HRDevry Smith Frank LLP
ArticleUn plan pour réussir à réduire les risques liés aux régimes de retraite (Podcast)Dans cet épisode du balado Volumes d'affaires de Blakes, nos associés Bonny Murray et Jeff Sommers discutent des stratégies essentielles pour réduire les risques associés aux régimes de retraite enregistrés.CanadaEmployment and HRBlake, Cassels & Graydon LLP
ArticleOntario Court of Appeal Decision May Be Harmful for Lenders to Companies with Underfunded Defined Benefit Pension PlansIn a lengthy decision released yesterday in respect of Indalex Limited, which had been operating under the protection of the Companies' Creditors Arrangement Act (CCAA), the Ontario Court of Appeal found that the Ontario Pension Benefits Act (PBA) imposes a deemed trust over the full amount of any funding deficiency that exists when a pension plan is wound up.CanadaInsolvency/Bankruptcy/Re-StructuringNorton Rose Fulbright Canada LLP
ArticleThe Legality Of Employers' Mandatory COVID TestingAlthough the COVID-19 pandemic has been with us since March 2020, in many cases we are just now starting to see case decisions relating to COVID-19-specific issues like mandatory testing of employeesCanadaCoronavirus (COVID-19)McLennan Ross LLP
Article2013 Pension And Benefits Class Action UpdateAs many Canadian employers continue to amend the terms of pension and benefit plans, class action proceedings continue to be brought by current and former employees. CanadaEmployment and HRMcCarthy Tétrault
ArticleAmendment to the Federal Pension Fund Investment RulesThe federal government has amended the pension fund investment rules under Schedule III to the "Pension Benefits Standards Regulations, 1985". The change came into effect on July 1, 2010.CanadaEmployment and HRBorden Ladner Gervais LLP
ArticleBritish Columbia Employer Advisor Blog: Month In ReviewA number of summaries in relation to the latest employment updates. CanadaEmployment and HRMcCarthy Tétrault
ArticleCAPSA Releases New GuidelinesThe plan administrator's fiduciary obligations to the plan in the context of ESG issues...CanadaEmployment and HRBlake, Cassels & Graydon LLP