legal – Benefits Canada.com https://www.benefitscanada.com Canada's most influential pension and benefits publication for decision-makers Fri, 03 May 2024 21:03:19 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 How U.S. compensation clawback legislation could impact Canadian employers https://www.benefitscanada.com/news/bencan/how-u-s-compensation-clawback-legislation-could-impact-canadian-employers/ Fri, 14 Jul 2023 13:00:02 +0000 https://www.benefitscanada.com/?p=141058 New U.S. Securities and Exchange Commission listing requirements that impact compensation clawbacks could create conflicts with domestic employment laws for Canadian companies listed on U.S. stock exchanges. The rules are expected to take effect on Oct. 2, 2023, with compliance mandated by Dec. 1, 2023. They require all issuers on U.S. exchanges to adopt mandatory […]

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]]> B.C. court dismisses appeal, upholds pension plan’s decision to increase retirement age https://www.benefitscanada.com/pensions/governance-law/b-c-court-dismisses-appeal-upholds-pension-plans-decision-to-increase-retirement-age/ Tue, 21 Mar 2023 13:00:00 +0000 https://www.benefitscanada.com/?p=135440 A British Columbia court has dismissed an appeal of a Supreme Court of B.C. decision that upheld the B.C. Credit Union Employers’ Pension Plan’s choice to increase its normal retirement date to age 65 from age 62. In its decision, the court found the appeal — brought by a group of plan members — alleged […]

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]]> Pension plans among shareholders suing Shell board over climate strategy https://www.benefitscanada.com/news/cir-news-news/pension-plans-among-shareholders-suing-shell-board-over-climate-strategy/ Tue, 14 Feb 2023 16:30:59 +0000 https://www.benefitscanada.com/?p=133822 Several European pension plans are backing a lawsuit against Shell Corp. alleging its board is mismanaging climate risk and breaching company law. The lawsuit, launched by U.K.-based climate advocacy organization ClimateEarth, alleges Shell’s board of directors is failing to manage the material and foreseeable risks posed to the company by climate change. It also accuses […]

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]]> Employer’s prior conduct prohibits pension plan amendments, despite collective agreement terms: Ontario court https://www.benefitscanada.com/pensions/defined-benefit-pensions/employers-prior-conduct-prohibits-pension-plan-amendments-despite-collective-agreement-terms-ontario-court/ Wed, 23 Nov 2022 14:00:02 +0000 https://www.benefitscanada.com/?p=130155 A recent Ontario Divisional Court ruling serves as a caution that employers’ prior conduct may prohibit them from amending pension plans even when the collective agreement clearly allows them to do so. “The takeaway from the decision is that employers’ discretion to amend plans will always be subject to labour law principles in cases that […]

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]]> EI system needs redesign amid threat of recession: report https://www.benefitscanada.com/human-resources/hr-law/ei-system-needs-redesign-amid-threat-of-recession-report/ Wed, 12 Oct 2022 13:00:39 +0000 https://www.benefitscanada.com/?p=128271 Canada’s employment insurance system requires modernization to weather negative economic shocks, according to a new report by the C.D. Howe Institute. The report, which analyzed unemployment rates across Canada over 13 years, found 85 per cent of the variation in rates reflects provincial differences, including layoffs occurring in regions characterized by persistent high unemployment rates […]

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]]> Top 5 HR, benefits, pension and investment stories of the week https://www.benefitscanada.com/news/bencan/top-5-hr-benefits-pension-and-investment-stories-of-the-week-4/ Fri, 16 Sep 2022 13:00:10 +0000 https://www.benefitscanada.com/?p=126956 An article on Canada’s ranking in retiree well-being was the most-read story on BenefitsCanada.com over the last week. Here are the five most popular news stories of the week: 1. Canada drops to No. 15 in retiree well-being global rankings: report 2. Court rules employers must include electronic tips under pensionable earnings 3. Expert panel: How employers can support […]

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]]> Will U.S.-style gig worker litigation come to Canada? https://www.benefitscanada.com/archives_/benefits-canada-archive/will-u-s-style-gig-worker-litigation-come-to-canada/ Fri, 16 Sep 2022 12:54:41 +0000 https://www.benefitscanada.com/?p=126586 A gig worker by any other name would be a lot more expensive. In most jurisdictions, Uber Technology Inc. drivers and their app-based brethren are classified as independent contractors and not employees. As contractors in Canada, they’re not entitled to minimum wage, employer Canada Pension Plan and employment insurance contributions or to participate in tax-advantaged […]

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]]> Court rules employers must include electronic tips under pensionable earnings https://www.benefitscanada.com/human-resources/hr-law/court-rules-employers-must-include-electronic-tips-under-pensionable-earnings/ Wed, 14 Sep 2022 13:00:51 +0000 https://www.benefitscanada.com/?p=126739 The Federal Court of Appeal has ruled that a Halifax restaurant must include a portion of the electronic gratuities intended for wait staff as “pensionable salary and wages” when calculating its liabilities under the Canada Pension Plan. This was despite the fact the restaurant had no obligation to include gratuities paid in cash directly to […]

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]]> Could provincial governments legislate paid time off for religious holidays outside of Christianity? https://www.benefitscanada.com/benefits/absence-management/could-provincial-governments-legislate-paid-time-off-for-religious-holidays-outside-of-christianity/ Fri, 09 Sep 2022 13:00:56 +0000 https://www.benefitscanada.com/?p=126204 When it comes to paid time-off policies for religious holidays outside of Christmas and Easter, can provincial governments do more to ensure all employees receive two paid days off to observe their chosen faith? While Andrew Zabrovsky, an employment lawyer with Hicks Morley Hamilton Stewart Storie LLP, says the government could make changes to the […]

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]]> Top 5 HR, benefits, pension and investment stories of the week https://www.benefitscanada.com/news/bencan/top-5-hr-benefits-pension-and-investment-stories-of-the-week-3/ Fri, 09 Sep 2022 13:00:40 +0000 https://www.benefitscanada.com/?p=126537 The announcement Benefits Canada‘s 2022 Workplace Benefits Awards’ finalists was the most-read story on BenefitsCanada.com over the last week. Here are the five most popular news stories of the week: 1. Which employers are finalists in the 2022 Workplace Benefits Awards? 2. Class action suit against Indian solar business backed by Caisse, OMERS seeking lead plaintiff 3. OMERS appointing […]

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