We understand that the draft regulations were intended
to address the following issues:
specific circumstances in which an employer-initiated
termination of employment would, and would not, be considered an
"activating event" that triggers grow-in benefits;
requirements to be met by sponsors of jointly sponsored pension
plans and administrators of multi-employer pension
plans in order to elect to opt out of providing grow-in
additional circumstances in which the Superintendent may
order the wind up of a pension plan.
For further discussion of the draft regulations (and the related
discussion paper), see our
prior blog post.
Briefly, our recommendations may be summarized as follows:
adding exemptions to the grow-in provision, which mirror the
exemptions from notice of termination and termination pay in the
regulations under the Ontario Employment Standards Act,
clarifying the rules governing grow-in benefits in the context
of internal reorganizations and international transfers;
providing greater flexibility with respect to the timing of
elections to opt out of grow-in benefits (or rescinding such opt
outs), allowing such elections to be done on a class by class basis
and clarifying the effective date of employment terminations that
will be used to determine entitlement to any grow-in
placing certain restrictions on the Superintendent's
expanded authority to order a pension plan wind-up; and
clarifying that a wind-up could be ordered if, among other
requirements, members are no longer eligible to receive ancillary
As a member of Osler's Knowledge Management team,
Lesha Van Der Bij facilitates Osler's
efficient, effective and timely delivery of cutting-edge legal
advice to clients by ensuring that the Pensions & Benefits and
Labour & Employment Departments' legal, intellectual and
practical expertise is captured and readily accessible by all legal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
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.
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).