When passed, the legislation will implement the federal portion
of the Pooled Registered Pension Plan (PRPP)
framework. Provinces will need to introduce their own
enabling legislation in order to make the framework available to
employees where the employment relationship is governed by
provincial law. Tax rules for PRPPs are being developed by
the federal government and are expected to be released in draft for
comment in the near future. The tax rules would apply to both
federally and provincially regulated PRPPs.
The PRPP framework is being introduced in an effort to address concerns that many Canadians may be
undersaving for retirement. The objective is to provide a
new, low-cost defined contribution pension option to employers,
employees and the self-employed. The intent is to largely
harmonize the design of such plans from province to province to
further facilitate low administration costs. It is expected
that the features of PRPPs will remove barriers that may have
prevented some employers from offering pension plans to their
Bill C-25 prescribes that PRPPs must be registered and must be
administered by corporations licensed by the Superintendent of
Financial Institutions (Canada) to so act. An employer who
offers a PRPP is not liable for the acts and omissions of the
Somewhat controversially, section 25 of Bill C-25 prescribes
that an administrator "must provide the pooled registered
pension plan to its members at a low cost." Section 27
of Bill C-25 goes on to provide that an employer must not
offer to its federally-regulated employees a plan whose purpose is
retirement savings other than a PRPP and certain other
prescribed vehicles such as a registered pension plan, a prescribed
profit sharing plan, a registered retirement savings plan, a
retirement compensation arrangement or a retiring allowance.
The Canadian Association of Pension Supervisory Authorities
("CAPSA") released two new guidelines on
November 15, 2011:
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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