As announced in the 2012 provincial budget, the Ontario
government has recently released draft regulations and an outline
of the proposed contents of regulations to implement different
pension reform changes.
The government has released a draft regulation to implement
immediate vesting and the "retired member" provisions.
The draft regulation also (among other things) clarifies surplus
payment rules, increases the threshold for small pension payouts,
reflects changes to the federal tax rules regarding individual
pension plans and introduces certain house-cleaning amendments
(such as clarification changes to the provisions regarding the
crediting of interest). The draft regulation can be found
The government has also released "proposed contents"
for regulations to implement the extension of grow-in benefits to
persons who cease to be active plan members on involuntary
termination of employment. The proposed contents focus on
clarifying the circumstances that will trigger the application of
the extended grow-in rule. Contract employees, employees employed
for a definite term or a specific project and construction
employees are proposed to be excluded from the rule. In addition,
the proposed contents include formalities required to be complied
with by the administrators of jointly sponsored pension plans and
multi-employer pension plans in order to opt out of the grow-in
rule and to rescind the opt-out. The required formalities emphasize
the importance of disclosure to members, trade unions and pension
advisory committees. The actual language for the regulations
remains to be seen. The proposed contents can be found
Comments on the draft regulation and the proposed contents are
invited to be submitted to the Ontario Ministry of Finance by June
1, 2012. July 1, 2012 still appears to be the proposed effective
date for the regulations.
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.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
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.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).