Canadian Legal and Legislative Update

This session will provide an overview of legislative and case law developments of importance to benefit plans, including the impact of recent changes to EI Sickness Benefits, the new Canada Dental Benefit, an ELHT status update and recent case law developments (including regarding age discrimination).

This update will include a discussion of Bill C228 plus other new regulations and cases. It will also provide a look at target benefit rules across the country. Finally, there will be a discussion of the Canadian Association of Pension Supervisory Authorities’ recent best practices and consultations.

In this session, you will learn about:

• Family law issues—Who can you speak with?
• FSCO and FSRA—A new standard in communicating with members?
• The movement of workers—Reciprocal agreements
• Member input in investments—Good idea or bad?
• Maintaining confidentiality in today’s social media context
• Trustee disagreements—Do you publicize?
• Best practices on how to handle beneficiary complaints.

As the world adapts and adjusts to life post-pandemic, workplaces are called upon to adapt to the new demands of the post-pandemic workforce. Join us for a review of some of the latest cases in labour law on hot topics and trends including:

• Workplace policies—Where are we now with:
• Vaccine policies
• Hybrid and remote work policies
• Electronic monitoring and disconnecting from work
• Four-day work weeks
• Health, wellness and safety implications arising from these new workplace policies
• Legislated sick leave—Paid and unpaid benefits for COVID-19.

In Fall 2021, in collaboration with the Nova Scotia Department of Seniors and Long-Term Care (DSLTC), igility, a subsidiary of Health Association Nova Scotia, launched a dedicated program focused on the recruitment and retention of health care workers to the continuing care sector. One of the primary focuses of the program is to recruit skilled health care workers to the province, both domestically and internationally. In an effort to address shortages with a different approach, one of the first international missions was to Kenya, where the organization participated in a recruitment mission focused on hiring skilled refugees via the Economic Mobility Pathways Pilot (EMPP). EMPP combines refugee resettlement and economic immigration. It’s a pathway that helps skilled refugees immigrate to Canada through existing economic programs, giving employers access to a new pool of qualified candidates to fill jobs. This session will focus on the process as well as the legal and legislative components that facilitated the program.

Comprehensive benefit plans are, increasingly, an expected aspect of worker compensation packages and may be an important factor in the recruitment and retention of quality employees. Coverage for mental health services to address posttraumatic stress, depression, anxiety, substance abuse and other mental illnesses quickly adds to the costs of such plans. This session will address the elements essential to cost-managed mental health coverage—For example, plans should insist on access to evidence-based treatment approaches, including those that may involve new strategies (such as the use of psychedelics). To be sustainable, mental health programs must also consider limits to coverage, with predictably enhanced costs when including children of plan subscribers or retired members. Finally, the session will also address the challenges of providing treatment in collaboration with government workplace injury programs and in compliance with other legal requirements.

Following this session, attendees can expect to have a fuller understanding of the role of an outsourced chief investment officer (OCIO), the circumstances in which transition to an OCIO model may be most advantageous, and potential benefits and pitfalls associated with engaging an OCIO. This session will also address a fiduciary’s key ongoing obligations vis-à-vis the maintenance of an OCIO relationship.

A pension plan member, conspiring with an accomplice posing as the rightful pension beneficiary, sought relief before the British Columbia Supreme Court. This action resulted in a court order annulling a marriage and changing the survivor beneficiary designation to the pension member’s new spouse. A review of this case summary will underscore:

• Why early detection and rapid response is so important
• The process and probing of problem court orders
• Learning the importance of clear and documented communications
• Navigating competing interests between beneficiaries and fiduciary duties to plan members
• The strategy and process to set aside an improperly obtained court order.

Technology is great, except when it isn’t—New opportunities also bring new challenges. Attend this session to ensure you’re up to speed on best practices for the use of technology in the administration of your plan, including:

• Privacy and security considerations
• Electronic beneficiary designations
• E-signatures
• An overview of recent regulatory guidance you need to know.

Choosing trustees from the union or membership has its advantages, but is there a place for independent/professional trustees?

• What are professional trustees?
• Does your trust allow for professional trustees?
• Is hiring a professional trustee right for your trust?
• The value of a skills matrix
• How to manage a professional trustee
• Pros and cons of a professional trustee

Arriving at a plan benefits decision as a fiduciary on a board of trustees is different from negotiating a collective agreement. In this session, you will hear from two experienced benefits mediators on what it means to “win” around the board table. Topics include:

• Moving from positions to interests
• Leading from any seat
• Communication strategies
• Trustee wellness and resilience.

Bring your questions and join us for an open Q&A session with a group of our speakers.