Category: Manitoba
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Status Update: Temporary Layoffs
Typically, under employment standards legislation, a temporary layoff longer than a specified period is considered a permanent layoff (i.e., requiring an employer to provide employees with written working notice of termination and/or to pay termination and severance pay). This post provides a quick review of the jurisdictions that have extended or created exemptions from the temporary layoff periods in response to COVID-19 . . .
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Status Update: New Leaves of Absence
Most jurisdictions across Canada have added or updated an emergency or public health leave of absence. Below is a quick recap of changes to date . . .
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Manitoba Adds New Public Health Emergency Leave
Manitoba introduced and passed Bill 55, The Employment Standards Code Amendment Act, on April 15, 2020. Bill 55 has added a new public health emergency leave to The Employment Standards Code.
Unpaid Leave of Absence
Employees are entitled to an unpaid leave of absence if they are not performing their work duties because the employee:- is in quarantine, isolation or . . .
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The City of Winnipeg v. The Winnipeg Police Association and The Winnipeg Police Senior Officer’s Association, 2020 (M. Werier) – Arbitrator Declares Unilateral Amendments Invalid & Awards Damages to Members
The Winnipeg Police Pension Plan is incorporated into collective agreements between the City of Winnipeg and the The Winnipeg Police Association and The Winnipeg Police Senior Officer's Association (the Association). The City made several amendments to the pension plan, unilaterally. The Association submitted that the City did not have the authority to unilaterally amend the plan and filed a grievance . . .
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Vogel v. Red River College, 2019 MBQB 182 – Employer Owed no Duty of Care re Changing Beneficiary Designation Form
McLachlan had a life insurance policy through his employer, Red River College (the College). Upon McLachlan's death, the policy was paid to his two daughters. Vogel, McLachlan's common law spouse, commenced a claim against the College, arguing that they had been negligent in not changing the beneficiary designation from McLachlan's daughters to Vogel . . .
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Manitoba Introduced Bill 8 re Pension Benefits Act
Manitoba introduced Bill 8, The Pension Benefits Amendment Act, for first reading on November 27, 2019. Bill 8 includes amendments to the Manitoba Pension Benefits Act . . .
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Kamer v. Ptashnik, 2019 MBQB 117 – Valuation of Pension After Lengthy Divorce Proceedings
After 12 years of marriage, the parties separated. Their separation was the subject of lengthy court proceedings. One of the outstanding issues was the valuation of Ptashnik's pension and, more specifically, the correct retirement age to use . . .
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Manitoba Announces Upcoming PBA Amendments
Manitoba has announced proposed amendments to the Manitoba Pension Benefits Act to be introduced in the fall. The proposed changes are based on recommendations from the Manitoba Pension Commission's consultation . . .
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Federal Passes Bill C-45 re Cannabis Legalization
On June 19, 2018, the Senate passed Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, enabling the legalization of cannabis in Canada. The new cannabis regime is scheduled to come into force on October 17, 2018.
Bill C-45 and the related provincial legislation focus on: establishing the framework for the sale and distribution of cannabis; establishing legal limits on consumption, possession, sharing and growing; addressing health and safety issues; and setting out rules and penalties with respect to drug-impaired driving.
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Status Update: 2018 Amendments, Policies & Announcements re Plan Funding
With Ontario recently proclaiming in force its new funding regime for defined benefit (DB) plans, I thought it was time for a quick recap of the cross-Canada amendments, regulatory policies and announcements related to plan funding that we have seen (so far) in 2018.*
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- is in quarantine, isolation or . . .