News & Analysis as of

Canada Employee Benefits

Mintz - Tax Viewpoints

Canada’s Federal Budget 2024: More Changes to the Stock Option Rules = More Headaches for Employers

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Much of the talk about Canada’s federal budget released on April 16, 2024 (“Budget 2024”) has been concentrated on the increase to the capital gains inclusion rate, highlighted by criticism from the business community that...more

Littler

Canada: Another Arbitrator Considers Interaction Between Canada Labour Code Leave Entitlements and Other Leave Entitlements

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In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave...more

Bennett Jones LLP

Ontario Introduces Amendments to Support a Permanent Framework for Target Benefit Pension Plans

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On March 26, 2024, the Ontario government published their 2024 Budget, in which it was announced that draft regulations to Ontario’s Pension Benefits Act (PBA) would be introduced for review in the summer of 2024, with the...more

Blake, Cassels & Graydon LLP

Budget de l’Ontario 2024 : Mise à jour au sujet des régimes à prestations cibles et du Fonds ontarien pour la construction

Le 26 mars 2024, le gouvernement de l’Ontario a déposé son budget 2024 (le « Budget ») et a présenté le projet de loi 180, Loi de 2024 visant à bâtir un Ontario meilleur (mesures budgétaires) (le « projet de loi 180 »). Le...more

Littler

Prince Edward Island, Canada: New Paid Sick Leave Program

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On November 29, 2023, Prince Edward Island’s Bill 106, An Act to Amend the Employment Standards Act, received Royal Assent. Bill 106 will come into force on October 1, 2024....more

Blake, Cassels & Graydon LLP

2024 Ontario Budget: Update on Target Benefit Plans and the Building Ontario Fund

On March 26, 2024, the Ontario government tabled its 2024 Budget (Budget) and introduced Bill 180, Building a Better Ontario Act (Budget Measures), 2024 (Bill 180). The Budget contains pension-related announcements, and Bill...more

Stikeman Elliott LLP

Québec’s Unique Pension and Benefits Law Requirements for Employers: Two Illustrations

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When engaging employees (or acquiring a business that engages employees) in the Canadian province of Québec, employers and prospective employers should note two unique pension and benefit law requirements, which are absent in...more

Littler

Ontario, Canada Court Awards Retired VP $1.8 Million in Damages for Unpaid Vacation, Deferred Bonus and Unvested Stock Options

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In Boyer v. Callidus, 2024 ONSC 20, the Ontario Superior Court of Justice found that an employee was entitled to $1.8 million in damages for unpaid vacation, bonuses, and stock options, because the terms of the relevant...more

Stikeman Elliott LLP

Canada Labour Code: Arbitrator Permits Employer to Offset Entitlement to Statutory Paid Sick Days against Employer-Provided...

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In the recent United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (CA LA) decision (“Cameco Fuel Manufacturing”), the arbitrator allowed a federal employer to deduct an entitlement to Canada...more

Stikeman Elliott LLP

Eternal Sunshine of the Stock-less Mind: The Judicial Saga on Treatment of Equity-Based Incentives upon Termination of Employment

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What is the appropriate treatment under Quebec law of the equity-based incentives of an employee, upon termination of their employment without cause (serious reason)? Twenty years of case law suggest the question is all but...more

Littler

Arbitrator Considers Interaction Between Canada Labour Code Paid Medical Leave Days and Other Employer-Paid Benefits

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In United Steelworkers Local 14193 v. Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (ON LA), an arbitrator dismissed a union’s policy grievance on the grounds that, contrary to the union’s assertion, the employer could...more

Stikeman Elliott LLP

Ontario Superior Court of Justice Awards Retired VP $1.8m in Damages for Incentive Compensation and Vacation Pay

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The Ontario Superior Court of Justice’s decision in Boyer v. Callidus, 2024 ONSC 20 (“Callidus”) serves as a helpful reminder to employers of the importance of carefully drafting, documenting, and communicating contractual...more

Blake, Cassels & Graydon LLP

Canadian Pension Law: 2023 Year in Review

Canadian pension law went through numerous changes in 2023. Below is an overview of certain significant developments from the previous year as we look ahead to what may be coming next....more

Blake, Cassels & Graydon LLP

Nouvelle année, nouvelle politique de l’ARC relative aux retenues sur la paie des employés à distance

L’Agence du revenu du Canada (l’« ARC ») a adopté une nouvelle politique administrative (la « nouvelle politique administrative ») qui est entrée en vigueur le 1er janvier 2024. La nouvelle politique administrative permet de...more

Littler

Canada Entered Last Phase of CPP Enhancements on January 1, 2024

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All Canadian employers other than those in Quebec are required to: Deduct Canada Pension Plan (CPP) contributions from their employees’ pensionable earnings if the employee meets certain conditions; Contribute an...more

Blake, Cassels & Graydon LLP

New Year, New CRA Payroll Policy for Remote Workers

Effective January 1, 2024, the Canada Revenue Agency (CRA) has a new administrative policy (New Administrative Policy) for determining the province or territory of employment (POE) for payroll deduction purposes of employees...more

Blake, Cassels & Graydon LLP

What You Need to Know About the Pension Investment Landscape in 2024

The new year brings new considerations for pension fund and sovereign investors. Below are a few key topics to keep in mind going into 2024...more

Bennett Jones LLP

Supplemental Pension Plans Secured with a Letter of Credit may Soon Receive Much Anticipated Refundable Tax Relief

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On November 30, 2023, the federal government introduced Bill C-59, Fall Economic Statement Implementation Act, 2023 (Bill C-59), which included proposed amendments to the Income Tax Act (Canada) (ITA) to implement changes...more

Littler

Canada Implements New Employer Reporting Requirements in Support of Canadian Dental Care Plan, Introduces Bill to Create New...

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On November 30, 2023, Canada’s federal government introduced Bill C-59, Fall Economic Statement Implementation Act, 2023 (Bill C-59), which would implement proposals in the 2023 Fall Economic Statement (Statement). Bill C-59...more

Stikeman Elliott LLP

OSFI Releases New Supervisory Framework for FRFIs and Pension Plans

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On October 4, 2023, the Office of the Superintendent of Financial Institutions (“OSFI”) released details of a new supervisory framework (“New Framework”) that will apply as of April 1, 2024 to federally-regulated financial...more

Stikeman Elliott LLP

Updates to the Canada Labour Code and its Regulations: A Summary of Recent and Pending Changes

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A number of changes to the Canada Labour Code (the “Code”) and its regulations have recently come into effect or will be coming into effect over the next year. Many of these changes have been set for a long period of time,...more

Bennett Jones LLP

Correcting Contribution Errors in Respect of Defined Contribution Pension Plans—New Rules Now in Force

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On June 22, 2023, Bill C-47 received royal assent, implementing a variety of amendments to the Income Tax Act (Canada) (ITA) and its regulations (ITA Regulations) tabled as part of the 2023 Federal Budget. As we previously...more

Littler

Canada: Employers in Federally Regulated Workplaces Will Soon Be Required to Provide Menstrual Products

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Canada’s Regulation SOR/2023-78 (Regulation), which comes into force on December 15, 2023, will require employers to provide free menstrual products for employees’ use in each toilet room in federally regulated workplaces....more

Mintz - Employment Viewpoints

Federally-Regulated Employers in Canada Required to Provide Free Menstrual Products for Employees

Changes to the Canada Occupational Health and Safety Regulations under the Canada Labour Code will require federally-regulated employers to make menstrual products available to their employees for free and provide disposal...more

Littler

Ontario, Canada Appeal Court Shows Importance of Proper Assessment of Employees’ Entitlement to LTD Benefits When on Leave or...

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In Soave v. Stahle Construction Inc., 2023 ONCA 265, the Ontario Court of Appeal (OCA) allowed an employer’s appeal of the trial judge’s finding that an employee who was on a temporary leave at the time of an injury was...more

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