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Human Resources committee My answer is the same with respect to the New Brunswick case. We weren't involved in that case, but the Supreme Court was dealing with the legislative interpretation. On the issue of whether courts talked about the impact on benefits and pensions and so on, in the Vilven decisio
February 10th, 2011Committee meeting
Philippe Dufresne
Human Resources committee Mr. Farrell mentioned the human rights benefit regulations, and they do use the same language of “normal age of retirement”. So there would need to be some corresponding amendments to those regulations—
February 10th, 2011Committee meeting
Philippe Dufresne
Human Resources committee With respect to other legislation, it seems that, legislatively speaking, it wouldn't be as direct as for those regulations, but factually, there are some elements to consider—
February 10th, 2011Committee meeting
Philippe Dufresne
Human Resources committee I know for a fact that there would be one regulation to change—
February 10th, 2011Committee meeting
Philippe Dufresne
Human Resources committee —and that's the benefit regulation.
February 10th, 2011Committee meeting
Philippe Dufresne
Human Resources committee Other than that, I couldn't say.
February 10th, 2011Committee meeting
Philippe Dufresne
Human Resources committee In those decisions, yes, we do, and in that legislation in Ontario as well.
February 10th, 2011Committee meeting
Philippe Dufresne
Human Resources committee I can say briefly that you're correct with respect to the New Brunswick plan. It does allow it if it's part of a bona fide pension plan. That, in fact, was the subject of a Supreme Court decision last year when it debated what a bona fide pension plan meant. Did it have to be jus
February 10th, 2011Committee meeting
Philippe Dufresne
Human Resources committee Thank you. It is a function of the limits of the administrative tribunal's authority. They were given the ability to interpret the charter and to make a ruling that a piece of legislation like section 15 is unconstitutional. But they don't have the power the courts have to stri
February 10th, 2011Committee meeting
Philippe Dufresne