Special Notice March 23, 2017 2017 Federal Budget: More flexibility for caregivers, minor news on pensions T he 2017 Federal Budget, Building a Strong Middle Class (Budget), was tabled by Finance Minister Bill Morneau on March 22, 2017. As with the 2016 Budget, the focus was on middle class growth, as well as innovation, skills development and job creation. While the Budget was notably silent on pension topics – including next steps for reform of the Canada Pension Plan – it did contain some announcements of interest to employers and benefits plan sponsors, including: • changes to employment insurance (EI) benefits to improve flexibility for claimants, including a new EI caregiver benefit; • a new, streamlined Canada Caregiver Credit; • changes to the Canada Labour Code offering greater flexibility for federally regulated employees; • dedicated healthcare funding for home care and mental health; • changes to the treatment of fertility expenses for the medical expense tax credit (METC); and • an update on the Canada Infrastructure Bank (CIB). This Special Notice provides a summary of key Budget measures and their impact on employers and plan sponsors. 1 | A MEMBER OF ABELICA GLOBAL Special Notice Changes to EI benefits To better support caregivers, the Budget proposes creating a new EI caregiver benefit – backed by over $691 million in funding over five years starting in 2017/18, and $168 million per year thereafter. Up to 15 weeks of leave will be available in a broad range of situations where individuals provide care to an adult family member who requires significant support to recover from a critical illness or injury. Unlike existing EI compassionate care leave benefits, the loved one does not need to be gravely ill and at significant risk of death (or critically ill or injured, in the case of a child) for the caregiver to be eligible. The Budget also contains proposals to make EI parental and maternity benefits more flexible by: • letting parents choose between receiving EI parental benefits for up to 12 months at 55% of average weekly earnings, or up to 18 months at 33% of average weekly earnings; and • allowing women to claim EI maternity benefits up to 12 weeks before their due date instead of the current eight weeks. Eckler’s view: Here are some of the main considerations for employers and plan sponsors: • The new caregiver benefit providing for up to 15 weeks adds another category of leave for employers to manage. The regulations will hopefully provide greater clarity on what constitutes a critical illness or injury. • Since these are federal regulations, provincial employment standards legislation will not completely align with the proposed extended EI benefit period – at least not initially. • Many existing HR programs, such as vacation, are based on annual accruals, so employers may need to consider policy changes to integrate with a possible 18-month leave. • Parental leave top-up benefits are discretionary. Employers offering such leaves should review their current policies and consider adjusting top-up payments and/or periods in light of these new options. • The health-related portion of STD benefits (usually six to eight weeks) during which a woman may be eligible for disability benefits, if the disability is related to the maternity, should not be impacted by these changes. However, disability plan costs may be increased when paid as a top-up benefit when the EI benefit is lowered to 33%, subject to the final regulations on the maximum benefit. 2 | 2017 FEDERAL BUDGET Special Notice Modernized caregiver benefits Canadian caregivers currently face a confusing tax system made up of three credits – the Caregiver Credit, the Infirm Dependant Credit and the Family Caregiver Tax Credit – with different eligibility rules. To simplify the system and better serve families, the Budget proposes replacing the current credits with a new Canada Caregiver Credit (CCC). The CCC is a non-refundable credit available to caregivers regardless of whether they live with the family member needing care. The credit will provide tax relief on the following amounts: • • $6,883 (in 2017) for expenses related to caring for dependent relatives with infirmities – parents, brothers and sisters, adult children and other specific relatives (including persons with disabilities); and Canada Labour Code changes – more flexibility for federally regulated Workers To help federally regulated employees better balance work and family responsibilities, the Budget proposes several amendments to the Canada Labour Code, including: • giving employees the right to request flexible work arrangements from their employer, such as flexible start and finish times, and the ability to work from home; • introducing new unpaid leaves of absence – including family responsibility leave, leave to participate in traditional Indigenous practices and leave for victims of family violence to seek care; and • amending bereavement leave provisions to make them more flexible. $2,150 (in 2017) for expenses related to caring for a dependent spouse/commonlaw partner or minor child with an infirmity (including those with disabilities). Eckler’s view: The Budget proposals are limited to federally regulated employees; however, several provinces already provide family responsibility leave and/or domestic violence leave. Eckler will monitor other jurisdictions to determine whether they will follow the federal government’s lead in introducing Indigenous practices leave and/or modernizing bereavement leave. The income threshold for phasing out the credit is higher than the current three credits. CCC reduction will start when the dependent’s net income is above $16,163 (in 2017). This income threshold, along with the credit amounts, will be indexed to inflation for taxation years after 2017. Eckler’s view: The CCC could be available to families as soon as the 2017 tax year. Eckler does not anticipate this new benefit will have a major impact on benefit plan costs. 3 | 2017 FEDERAL BUDGET Healthcare funding The Budget promises investments of $6 billion over 10 years in home care, and $5 billion over 10 years in mental health initiatives. This funding is expected to: • improve access to home, community and palliative care services; • provide more support for informal caregivers; and • provide better access to mental health support for as many as 500,000 young Canadians under age 25. Special Notice The funding will include reporting to ensure any new investments translate into improved health outcomes for Canadian families. Eckler’s view: Given the high cost of mental health to the Canadian economy (an estimated $50 billion annually) and to employers (more than $6 billion in lost productivity in 2011), funding that produces measurable improvements in mental health is good news. Improved access to mental health support could translate into higher productivity and lower absenteeism for employers. Medical Expense Tax Credit (METC) and fertility-related expenses The Budget clarifies that the METC applies to fertility expenses. Individuals who require medical intervention to conceive (e.g., single individuals and same-sex couples) can claim the same expenses as individuals facing medical infertility. This measure will apply to 2017 and subsequent taxation years. Eckler’s view: The impact on plan sponsors will depend on whether fertility drugs are eligible under their medical plans, whether the insurer/adjudicator has any coverage restrictions on “medical necessity” and on the potential expanded list of eligible employees/partners. Overall, Eckler expects the impact on benefit plans will be negligible, although there could be increased exposure for healthcare spending accounts. 4 | 2017 FEDERAL BUDGET Canada Infrastructure Bank The 2016 Fall Economic Statement included an announcement to establish the Canada Infrastructure Bank (CIB) – an arm’s length organization that will work with provincial, territorial, municipal, Indigenous and private sector investment partners to change how Canada plans, funds and delivers infrastructure. The CIB will be responsible for investing at least $35 billion over 11 years using loans, loan guarantees and equity investments – with a focus on large, transformative projects such as regional transit plans, transportation networks and electricity grid interconnections. It’s expected the CIB will be operational in late 2017. To that end, the government will table legislation to establish the bank, and will begin the process of choosing its CEO and Chair of the Board of Directors. The CIB and federal government will work with Statistics Canada – along with the provinces, territories and municipalities – on an ambitious initiative to improve how municipalities track, collect, use and share the data needed to measure the impact of infrastructure investments. This initiative will help all levels of government by providing intelligence to better direct infrastructure funding. Further details will be announced in the coming months. Eckler’s view: Many pension plans have exposure to Canadian infrastructure in their investment portfolios to diversify their holdings and earn additional return. This is a positive sign that the infrastructure market continues to grow and mature – with significant policy support from the government. Ultimately, the proposed CIB could positively impact the availability of infrastructure investments in Canada. Special Notice Other measures The Budget also made the following announcements: • End of Canada Savings Bonds: Due to declining popularity – attributed to the proliferation of higher-yielding alternative retail investment instruments like GICs – the Government of Canada will discontinue the sale of new Canada Savings Bonds in 2017. • Anti-Avoidance Rules for RESPs and RDSPs: Many tax-assisted registered plans – such as RRSPs, Registered Retirement Income Funds and Tax-free Savings Accounts – are subject to antiavoidance rules to help ensure they do not provide excessive tax advantages. To improve the consistency of the tax rules applicable to investments held in registered plans, the Budget proposes extending several anti-avoidance rules to Registered Education Savings Plans (RESPs) and Registered Disability Savings Plans (RDSPs) as well. Subject to limited exceptions, the new rules will apply to transactions occurring – and investments acquired – after March 22, 2017. These proposals likely will not have an impact on the majority of RESP and RDSP holders, who typically invest in ordinary portfolio investments. • Disability Pensions Return for Veterans: The government continues to work toward reintroducing the option for injured veterans to receive their disability award through a monthly lifetime pension, instead of just a lump sum. Further details are expected later this year. • GST/HST Exemption for Naloxone: Naloxone – used to treat opioid overdoses – qualified for GST/HST relief when it was only available by prescription. However, this relief was lost on March 22, 2016, when Health Canada made the drug available without a prescription if indicated for emergency use to treat overdoses outside of hospital settings. To address this, the Budget adds Naloxone to the list of GST/HST-free non-prescription drugs used to treat life-threatening conditions, effective March 22, 2017. • Nurse Practitioners Can Issue DTC Certifications: The Budget adds nurse practitioners to the list of medical practitioners who can certify the impacts of impairments for Disability Tax Credit (DTC) applicants, applicable to DTC certifications made on or after March 22, 2017. This Special Notice has been prepared for general information purposes only and does not constitute professional advice. Should you require professional advice based on the contents of this Notice, please contact an Eckler consultant. 5| with us:BUDGET 5Connect | 2017 FEDERAL Copyright © 2017 Eckler Ltd. All rights reserved. Halifax 902-492-2822 Toronto 416-429-3330 Barbados 246-228-0865 Montreal 514-395-1188 Winnipeg 204-988-1586 Jamaica 876-908-1203 Quebec City 418-780-1366 Vancouver 604-682-1381 eckler.ca
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