Canadian Lawyer InHouse

January 2016

Legal news and trends for Canadian in-house counsel and c-suite executives

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JANUARY 2016 30 INHOUSE Ontario decided to go it alone and cre- ate its own pension plan. Throughout the development process, Premier Kathleen Wynne made it known that her government would still prefer to see a stronger CPP rather than the ORPP. When the Liberals won the federal elec- tion on Oct. 19, it seemed Wynne would get her wish. Liberal leader Justin Trudeau had promised to improve the CPP, paving a way for the Ontario government to scrap the ORPP in favour of a nationwide solution. So is that the end for the ORPP? Not even close. According to pension experts, even though the federal government now seems ready to amend the CPP, doing so will take a lot of time and effort. And there are no guarantees the changes will come about. That means Ontario employers still need to get ready for the ORPP — and com- panies still have plenty of questions about this impending provincial pension. CPP ENHANCEMENTS WILL TAKE TIME Here's why the federal government can't enhance the CPP quickly: The feds need ap- proval from two-thirds of the provinces — constituting two-thirds of the population as well — to make any amendments to the plan. It won't be easy for the Trudeau team to get such a solid consensus; it could take years. Meanwhile, the Ontario government is on track to implement the ORPP starting in 2017. And the province has invested heavily to make it a reality. "They have committed signifi cant resources to it, including legisla- tion, establishing the framework, studying the contribution levels that should be re- quired, and deciding which existing plans should be considered comparable," says Su- san Seller, partner and head of the national pension and benefi ts practice at Bennett Jones LLP. She concludes that the Wynne government won't abandon those ORPP implementation investments until it's sure that the CPP will pick up the slack. What might an enhanced CPP look like if the federal government did amend it? Well, look at the ORPP, says Stephanie Kalinows- ki, partner, Hicks Morley Hamilton Stewart Storie LLP. The Ontario plan might serve as the starting point for discussions about an expanded CPP. For instance, the cap on pensionable earnings in the CPP is $54,900 for 2016. The cap in the ORPP is $90,000. Perhaps the CPP could scale up to match. Jana Steele, partner, pensions and benefi ts at Osler Hoskin & Harcourt LLP, predicts a straightforward increase in contribu- tions and benefi ts. "In order to get more, I n d u s t r y S p o t l i g h t Ultimately, the goal of the ORPP is enhancing pension coverage and adequacy. JANA STEELE, Osler Hoskin & Harcourt LLP This is more than a phone book. It is your instant connection to Canada's legal network. With Canadian Law List 2016 you have access to: • an up-to-date alphabetical listing of more than 80,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges across Canada • all contact information supplied for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown Corporations • legal and government contact information related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid and other important law-related offices THE LATEST CONTACT INFORMATION IN A USER-FRIENDLY FORMAT THAT IS BEYOND TRADITIONAL LISTINGS Continually updated by a dedicated team of professionals, Canadian Law List includes value added features such as: • last name first identification in the federal and provincial listings • separate section of corporate law departments for more than 1,250 companies • professional cards of prominent Canadian law firms • International Agency Referral Cards Hardbound • Published February each year • L88804-765 • On subscription $169* • One time purchase $188* Multiple copy discounts available * Plus shipping/handling and applicable taxes KEEPING PACE WITH THE CHANGING LEGAL COMMUNITY FOR OVER 130 YEARS Ontario decided to go it alone and cre- I n d u s t r y S p o t l i g h t

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