Category: Ontario
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Unifor v. Ontario (CEO of FSRA), 2020 ONFST 9 – Production Order Clarified In Light of COVID-19
This is the latest decision related to the production of documents (as a part of an ongoing pension dispute). In an earlier decision, the Financial Services Tribunal ordered General Motors of Canada (GM) to produce certain documents to Unifor by March 15, 2021. In response to COVID-19, the order was subsequently changed to require GM to provide the documents within 11 months . . .
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Ontario Bill 195 in Force – ESA Implications
Ontario Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, came into force on July 24, 2020. This means that Ontario's state of emergency due to COVID-19 ended on July 24th*. The end of the emergency, in turn, activates the timeline for the end of the temporary exemption from temporary layoff provisions in the Employment Standards Act, 2000 (ESA . . .
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Ontario Public Service Employees Union (Bartlett) v. Ontario (Solicitor General), 2020 CanLII 45601 (I. Anderson) – Employer Not Responsible for Employee’s Withdrawn Pension Contributions
Bartlett was employed from 1985 to 1994 when her employment was terminated. While awaiting the outcome of her termination grievance, Bartlett withdrew her pension contributions. In 1996, she was reinstated per a settlement, which provided that the Employer would “make the grievor whole for the period of her discharge . . .
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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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Ontario FSRA Update re Assessments
The Financial Services Regulatory Authority of Ontario (FSRA) announced that this year's assessments (including for the pension sector) will be issued on July 23, 2020. In response to COVID-19, FSRA had announced the deferral of such fees on March 27th . . .
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Ontario FSRA Variable Benefit Forms
The Financial Services Regulatory Authority published a series of variable benefit (VB) forms to be used by plan administrators who offer variable benefits.FSRA also notes that new family law forms are being developed for pension division cases involving a VB account . . .
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Ontario FSRA Consultation re Guidance on Missing Plan Members
The Financial Services Regulatory Authority published two guidance documents for comment: Principles and Practices Regarding Missing Members, and Waiver of Biennial Statements for Missing Former and Retired Members . . .
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Ontario Regulations re Deadline Extensions
Ontario filed Regulation 287/20 and Regulation 288/20, extending a number of deadlines under the Pension Benefits Act in light of COVID-19. The Financial Services Regulatory Authority (FSRA) updated its questions and answers to provide further guidance on these amendments . . .
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Ontario Regulations re Workplace Safety and Insurance Board Employees’ Pension Plan
Ontario filed a series of regulations as a part of the transition of the Workplace Safety and Insurance Board Employees’ Pension Plan (the WSIB Plan) to a jointly sponsored pension plan . . .
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Van Delst v. Hronowsky, 2020 ONCA 329 – Ontario PBA Applies with “Necessary Modifications” to Federal Pension Valuation
Ms Van Delst and Mr. Hronowsky both worked for federal government bodies subject to the Public Service Superannuation Act (PSSA). When their marriage ended, they each had differing views on the proper valuation of their pensions. Van Delst commenced an application with the Ontario Superior Court per the Ontario Family Law Act (FLA . . .
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