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.

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.

New legal developments: Western Canada

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.

The Ontario government continues to move forward with establishing the Ontario Retirement Pension Plan by January 1, 2017.

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

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.

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.

New legal developments in pensions and benefits law from the federal government.

New legal developments in pensions and benefits law from Eastern Canada.