Canadian Lawyer

February 2009

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LEGAL REPORT: LABOUR AND EMPLOYMENT and labour mobility agreement they signed in 2006. That framework has led to some concerns from labour groups that the pension panel would lower the standards for both provinces, but both Brown and his co-chairman Scott Sweatman deny that's the case. "One of the concerns that we heard expressed through our stake- holder consultation was a fear that har- monization meant lowest common de- nominator," says Brown. "Our focus wasn't easing the rules or bringing them down to a lowest common denomina- tor. It was in each particular instance [to] find the rule that makes the most sense." On contribution holidays, for example, the panel recommended the more strin- gent B.C. standard requiring employers to amortize the relief over five years. "That's something that would be new to Alberta that some employers may find as a nega- tive because they want to take a holiday and they want to take it now," says Sweat- man, an associate counsel with Blake "Our focus wasn't easing the rules or bringing them down to a lowest common denominator. It was in each particular instance [to] find the rule that makes the most sense." — CHRISTOPHER BROWN, ALBERTA-BRITISH COLUMBIA PENSION STANDARDS REVIEW PANEL Cassels & Graydon LLP in Vancouver. But the proposal that's received per- haps the greatest attention was the idea of setting up an Alberta-British Columbia, or ABC, pension plan. The goal is to re- duce both provinces' low rates of pension coverage through an agency kept at arm's length from government that would al- low employers and their workers to make investment contributions. The report's employment occupational health and safety human r ights wor kpl a ce safe- ty and insurance pa y equity immigra- tion employment occupationalhealth and safety human r ights wor kpl a ce safety and insurance pa y equity imm immigration employment occupation- al health and safety human r ights wor kpl a ce safety and insurance pa y First in Labour Law Since 1956 Toronto 416.862.8280 Sarnia 519.336.5447 Sault Ste.Marie 705.253.3711 Since being founded in 1956 as the Country's first labour relations and employment law firm, Mathews Dinsdale has been dedicated to helping employers manage the increasingly complex laws relating to the workplace. For over 50 years, our lawyers have played a significant role in shaping labour – management relations. Today, with offices in Toronto, Sarnia and Sault Ste. Marie, Mathews Dinsdale continues to have one of the Country's most highly regarded management labour and employment law practices. It continues to be our goal to help management manage – and succeed. authors say the plan would take advan- tage of economies of scale by pooling in- vestments together, but with both work- ers and their employers having the right to opt in or out of the program, some labour groups have com- plained it would amount to a veto on participation for businesses. For Gary Nachshen, a pensions lawyer with Stikeman Elliott LLP in Toronto, it was precisely that flexibility in the Al- berta-British Columbia report that made it more useful than the Ontario one. While he says Arthurs in his report "elevates the dis- course on pension law in Canada," he ar- gues the Alberta document contains more practical recommendations. A proposal from Arthurs to create new government entities to oversee the system — such as a new Ontario pension regulator and a so-called pension champion to study and promote plan coverage — could simply Ball&Alexander Barristers & Solicitors Excellence in Employment & Labour Law • Counsel in Leading Cases • • Authors of Leading Book • Wrongful Dismissal Labour Relations Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Class Actions Employment Standards Administrative Law www.mathewsdinsdale.com 82 Scollard Street, Toronto, Canada, M5R 1G2 Phone: (416) 921-7997 Fax: (416) 921-3662 web: www.staceyball.com www.kenalexander.ca 42 FEBRU AR Y 2009 www. C ANADIAN Law ye rmag.com

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