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CBA Members

For Your
Benefit

CBA Pensions and Benefits Law Section

CBA Pensions and Benefits Law Section articles are published under the banner For Your Benefit. Members interested in posting articles are encouraged to send them to the Section at: Pensions@cba.org

Today
Today

Employee benefits and age maximums: Compensation in lieu of discontinued benefits

  • May 19, 2016
  • Michael Murphy

An emerging trend in Canadian pension and benefits law concerns attempts by unions and employees to characterize certain benefits as “compensation,” in an apparent effort to distinguish the Supreme Court of Canada’s decision in New Brunswick (Human Rights Commission) v. Potash Corporation of Saskatchewan Inc.

Pension and Benefits Law

New legal developments – Federal

  • April 20, 2016
  • Dante Manna

On March 25, 2015, the federal government registered amendments to the regulations of the Pension Benefits Standards Act, 1985 and the Pooled Registered Pension Plans Act. A few provisions came into force April 1, 2015, with the bulk to come into force on July 1, 2016. Certain jurisdictions have adopted the federal investment rules by reference: Ontario, British Columbia, Alberta, Saskatchewan, Manitoba and Newfoundland and Labrador. Highlights of the changes introduced are listed below.

Pension and Benefits Law

New legal developments – Quebec

  • April 19, 2016
  • François Parent

On June 11, 2015, the Quebec government introduced Bill 57, An Act to Amend the Supplemental Pension Plans Act Mainly with Respect to the Funding of Defined Benefit Pension Plans.

New Legal Developments – Atlantic Canada

  • April 18, 2016
  • Dante Manna and Level Chan

On June 23, 2015, the Newfoundland and Labrador House of Assembly passed Bill 15, An Act to Amend the Teachers’ Pensions Act.

Pension and Benefits Law

Inaction speaks louder than words: Spouse not entitled to pension benefits

  • April 15, 2016
  • Dante Manna and Level Chan

Separation agreements are often drafted to include provisions for changing circumstances, such as changes in marital status. These include the reassignment of a separated spouse’s designated beneficiary under a pension plan. Such provisions must be executed in the proper form in order to take effect.

Pension and Benefits Law

Pension plans, the Charter and disparity in treatment clauses

  • December 11, 2015
  • François Parent and Brittany Carson

François Parent and Brittany Carson examine pension plans through the lens of the Groupe Pages Jaunes Cie case, in which the union claimed that the employer's decision to change pension benefit offerings violated both the Labour Standards Act and the Charter of Rights and Freedoms.