O. Reg. 157/13 amends the Schedule to Regulation 460 by revoking and/or adding certain entities as designated institutions under FIPPA.

With one exception, O. Reg. 157/13 came into force on May 17, 2013.

As previously reported, Bill C-60 is omnibus legislation which, if passed, will give effect to certain initiatives contained in the Federal Budget 2013.

Among other things, these Regulations align the regulatory framework with legislative changes enacted in the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) which end the mandatory issuance of Social Insurance Number (“SIN”) cards (cards may continue to be issued on a discretionary basis). Operationally, this will be achieved by March 31, 2014. As previously reported, the relevant provisions in the JGLPA regarding the end of the mandatory issuance of SIN cards came into force on March 1, 2013.

Under these changes, the SIN will still be required by employers, but there may be no physical SIN cards. SIN cards which are already in circulation will remain valid.

Regulations Amending the Canada Pension Plan (Social Insurance Numbers) Regulations, made under the Canada Pension Plan, also align these Regulations with the legislative changes which end the mandatory issuance of SIN cards.

The JGLPA is omnibus legislation giving effect to certain initiatives contained in the federal Budget 2012. Sections 434 to 439 amend the Canada Labour Code (“Code”) to, among other things:

• require every federal employer that provides benefits under a long-term disability plan to its employees to insure the plan, on a go-forward basis, with an entity that is licensed to provide insurance under the laws of a province, subject to any prescribed exceptions; and

• increase the maximum fines for violations of the minimum standards established under Part III (Standard Hours, Wages, Vacations and Holidays) of the Code.

Among other things, the measures contained in the Budget of interest to employers include:  

• reaffirmation that the compensation restraint measures imposed by Part II.1 of the Broader Public Sector Accountability Act, 2010 are to remain in effect until the elimination of the deficit;
• a review of compensation practices for executives in the Broader Public Sector;
• commitments to consider possible “modest enhancements” to the CPP and to commence consultations regarding the viability of implementing Pooled Registered Pension Plans in Ontario;
• a review of the Court of Appeal for Ontario decision in Carrigan v. Carrigan Estate regarding spousal entitlements under the Pension Benefits Act;
  
• an intention to amend the pension benefit legislation to permit the transfer of assets from and/or conversion of a single employer pension plan (“SEPP”) to a jointly sponsored pension plan (“JSPP”);
• a proposed increase of the Employer Health Tax exemptions for small businesses, from $400,000 to $450,000;
• the establishment of a Minimum Wage Advisory Panel to review the minimum wage rates in Ontario; and
• additional funding to hire more officers and staff to enhance enforcement of the Employment Standards Act, 2000.

An FTR Now providing a more detailed analysis of the Budget proposals will be availabe shortly on our website.

For an analysis of the Carrigan v. Carrigan Estate decision, see our FTR Now of March 28, 2013 “Supreme Court Denies Leave in Carrigan.”

In conjunction with the tabling of Bill C-60 and further to its Budget 2013 initiative to ensure that Canadians have first priority at job opportunities when they become available, the federal government also announced significant modifications to the Temporary Foreign Worker Program (“TFWP”) through legislative, regulatory and administrative changes. In this regard, Bill C-60 would, if passed, amend the Immigration and Refugee Protection Act to include the following:

• permit the revocation of a temporary foreign work permit where justified by public policy considerations;
• permit the Department of Human Resources and Skills Development to revoke or suspend a labour market opinion (“LMO”) or refuse to process a request for such an opinion where justified by public policy considerations;
• allow fees to be paid for rights and privileges conferred by means of a work permit; and
• exempt from the User Fees Act payment of a fee for the processing of an application for a temporary resident visa, work permit, study permit or extension of an authorization to remain in Canada as a temporary resident.

• a requirement that employers pay temporary foreign workers at the prevailing wage by removing the existing wage flexibility (which allowed payment of up to 15% below prevailing wage for higher skilled occupations);
• the temporary suspension of the Accelerated LMO process;
• adding questions to the LMO applications to ensure that the TFWP is not being used to facilitate the outsourcing of Canadian jobs; and
• identifying English and French as the only languages that can be used as a job requirement.

If passed, Bill C-60 would amend the Excise Tax Act (“ETA”) to implement the following changes that may be of interest to employers:

• the GST/HST rules regarding reporting of actual taxable supplies and deemed supplies to pension plans will be simplified to reduce the compliance burden for employers;
• the GST/HST exemption for publicly funded homemaker services will be expanded to include personal care services provided to individuals who require such assistance at home; and
• the ETA will be amended to clarify that reports, examinations and other services that are supplied for a non-health-care-related purpose do not qualify for the GST/HST exemption for basic health care services.

If passed, Bill C-60 would also amend the Financial Administration Act to give the government authority to direct that a Crown corporation, as defined, have its negotiating mandate for the purpose of entering into a collective agreement approved by the Treasury Board, among other things. 

As previously reported, if passed Bill 32 would repeal the Human Resources Professionals Association of Ontario Act, 1990. Among other things, it would provide a framework for membership in the association, set out procedures relating to complaints, establish a disciplinary process and authorize practice inspections.

The SST was enacted by the Jobs, Growth and Long-term Prosperity Act (“JGLPA”), omnibus legislation giving effect to the federal government’s Budget 2012 initiatives. It will replace four separate administrative tribunals:

• the Board of Referees (the Employment Insurance (“EI”) first level of appeal);
• the EI Umpires (the EI second level of appeal);
• the Canada Pension Plan and Old Age Security Review Tribunals (the CPP and OAS first level of appeal); and
• the Pension Appeals Board (the CPP second level of appeal).

The JGLPA sets out transitional provisions for appeals before these tribunals between April 1, 2013 and March 31, 2014. On April 1, 2014, the SST will begin hearing all appeals under the EI Act, the CPP and the OAS Act. Corresponding amendments to the EI Act, the CPP and the OAS Act have been made. 

The SST provides for two levels of appeals: the General Division and the Appeal Division.

Social Security Tribunal Regulations and Reconsideration Request Regulations, supporting regulations to the SST initiative, came into force on April 1, 2013.

• Repeal the Public Works Protection Act;
• Amend the Police Services Act to establish powers that may be exercised by an authorized person relating to court security and to create corresponding offence provisions, among other matters; and
• Enact the Security for Electricity Generating Facilities and Nuclear Facilities Act, 2013 to authorize specified persons to provide security in relation to premises where a restricted access facility, as defined, is located. Among other matters, the Act would establish powers that may be exercised by those persons and would include offence provisions. The process of appointment, qualification, training and oversight of those persons would be prescribed by regulation.

As of April 7, 2013, the calculation of the benefit rate of most claimants will be based on the highest weeks of insurable earnings out of the qualifying period. The number of weeks used in that calculation will vary and will depend on the monthly unemployment rates in the applicable region (“Variable Best Weeks”).

As previously reported, Pilot Project No. 14, Pilot Project for Calculating Benefit Rate Based on Claimant’s 14 Highest Weeks of Insurance Earnings (Best 14 Weeks) was extended to April 6, 2013, pending the enactment of the new permanent approach to calculating employment insurance benefits.

On March 8, 2013, the federal government registered Regulations Amending the Employment Insurance Regulations (“Regulations”) which make technical amendments to align the Employment Insurance Regulations with the amendments to the EI Act. The Regulations will come into force on April 7, 2013.

Some of the highlights of interest to employers and pension plan administrators include:

• simplified GST/HST pension plan rules for employers;
• amendments to the Income Tax Act to permit the correction of reasonable pension plan contribution errors;
• an update on the status of Pooled Registered Pension Plans;
• an announcement that a consultation and changes are forthcoming to provide options for troubled pension plans;
• GST/HST changes affecting certain health-related services;
• an extension of the temporary hiring credit for small businesses;
• creation of the Canada Job Grant program;
• proposed measures to encourage the use of apprentices; and
• the reform of the Temporary Foreign Worker Program.

For more detailed analysis of the Budget 2013 initiatives see our FTR Now "Federal Budget 2013".

Hicks Morley is in the process of reviewing the Budget. An FTR Now outlining the Budget's highlights for employers and pension plan administrators will be available shortly on our website.

Bill 32 reintroduces Bill 28, Registered Human Resources Professionals Act, 2011, which expired on the order paper with the prorogation of the Legislature in October 2012.

If passed, Bill 32 will repeal the Human Resources Professionals Association of Ontario Act, 1990 and will:

• provide a framework for membership in the Association;
• prohibit the use of specified designations and initials by unauthorized individuals or entities;
• set out procedures to deal with complaints against members of the Association and establish a disciplinary process;
• authorize practice inspections;
• establish procedures for determining whether a member of the Association is incapacitated and provide the capacity committee with the power to take steps to address any incapacity in so far as it affects a member’s practice; and
• provide for the appointment of investigators and inspectors to conduct investigations and inspections under the Act, and set out their powers.

Our FTR Now of December 15, 2011 discusses the changes which were introduced by Bill 28 and which have now been reintroduced by Bill 32: “Legislative Update – A New ESA Leave and Potential Changes to the Regulation of the HR Profession.”

Sections 15 and 16 amend the Employment Insurance Act (“EI Act”) to allow insured and self-employed persons who are in receipt of employment insurance (“EI”) parental benefits to qualify for EI sickness benefits should they become ill or are injured while on parental benefits, even though they are not available for work. Section 16 of the Act amends the EI Act to ensure that, regardless of the reason a claimant stopped working, if the claimant is in receipt of any sickness benefits under a provincial law due to illness, injury or quarantine, the EI benefits payable shall be reduced or eliminated as prescribed.

Regulations giving support to these amendments have been registered. Regulations Amending the Employment Insurance Regulations come into force on March 24, 2013. Regulations Amending the Employment Insurance (Fishing) Regulations should be consulted for coming into force information.

Division 7 Part 4 of the JGLPA consolidates the Privacy Codes of the Department of Human Resources and Skills Development Canada (“HRSDC”) and makes corresponding amendments to the Department of Human Resources and Skills Development Act (“Act”) the Canada Pension Plan and the Old Age Security Act. Consequential amendments are also made to the Access to Information Act and the Income Tax Act.  

Pursuant to sections 304 to 308 and 310 to 312 of the JGLPA, the Act is amended to include terms relating to the Social Insurance Number (“SIN”). Among other things, the HRSDC may maintain a Social Insurance Register (“SIR”) which contains SIN information and the production of SIN cards will be allowed to end. These sections also contain SIN-related amendments to, among other statutes, the Canada Pension Plan, the Employment Insurance Act and the Wage Earner Protection Program Act.

Regulations supporting these amendments have been registered and came into force on March 1, 2013. These include Regulations Amending Certain Department of Human Resources and Skills Development Regulations and Repealing the Department of Social Development Regulations, amendments to the Canada Pension Plan Regulations and amendments to the Old Age Security Regulations. 

The federal government registered Regulations Amending the Old Age Security Regulations on February 14, 2013. Sections 2 and 5 to 9 support the first phase of the proactive enrolment provisions found in sections 449, 450 and 453 of the JGLPA, noted above, and came into force on March 1, 2013. The Regulations also make an amendment to the age of eligibility provision in the Old Age Security Regulations (effective February 14, 2013) and to the manner in which a pension for those who have voluntarily deferred their OAS pensions is rounded to the nearest cent (effective July 1, 2013).

Among other things, the Rules give greater flexibility to the Chief Justice to schedule motions days, specify formatting requirements for documents, set out exceptions to general procedures for ex parte motions, eliminate the need to file an affidavit attaching the certified record in subsections 309(2) and 310(2) of the Federal Courts Rules (Part 5 Applications) and provide for respondents to appear in support of an application (not just in opposition to it).

The Rules (except for paragraphs 34(1)(b) and (c)) came into force on the date of registration, or February 8, 2013.

Section 607 amends section 46 of the EI Act by adding a section which creates a time limit of 36 months on certain EI repayment obligations of employers and other prescribed parties. The section states: 

46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment.

On December 14, 2012, Bill C-44, Helping Families in Need Act, received Royal Assent.

As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of a Criminal Code offence. It will also amend the Employment Insurance Act to allow an eligible person to claim benefits where that person is providing support or caring for a critically ill child.

The Bill should be consulted for coming into force information.

As previously reported, Bill C-45 is the federal government’s second omnibus budget bill which gives effect to certain initiatives contained in its Budget 2012.

The Bill should be consulted for coming into force information.

For more information on Bill C-45, see our FTR Now of October 26, 2012, “Federal Government Introduces Second Budget Implementation Bill.”