January/February 2012 THE OFFICIAL PUBLICATION FOR MEMBERS OF THE CANA DIAN PAYROLL ASSOCIATION An Employer’s Guide to Important Legislative & Employment Law Developments in 2011 & into 2012 Risky Business: It’s Not Just What You Do—It’s How You Do It Measuring your Human Resources Image: Your Competitive Edge How to Handle Salary Overpayments Postmaster: Send change of address notification and undeliverable copies to The Canadian Payroll Association, 1600-250 Bloor Street East, Toronto, ON M4W 1E6 PM 40011138 Canada’s most respeCted paYroLL CompLIanCe GUIde The Canadian Payroll Manual EditEd by: CarswEll Payroll Consulting grouP Why should you buy The Canadian Payroll Manual? • Leading Payroll Compliance tool endorsed by the Canadian Payroll Association one inCredible Payroll resourCe ProduCT in 3 ConvenienT forMaTs Annual subscription 10 releases per year plus budget briefs 1. 2. 3. oNLINE (bilingual) order # a97020-66477 $762 CD-RoM (bilingual) order # l97010-66477 $762 LoosELEAF sERVICE (English) order # 9562274-66477 $762 LoosELEAF sERVICE (French) order # 9562908-66477 $762 Shipping and handling are extra. 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Get step-by-step guidance that includes informative interpretations of the regulations and procedures affecting Canadian payroll to help you untangle the intricacies of: • Employment Insurance/QPIP • C/QPP • Company Pensions • T4s, T4As, and RL-1s • Expenses, taxable benefits, commissions • And more 20% DISCOUNT FOR CPA MEMBERS PROMO CODE 66477 must be quoted to receive discount your subscription includes free access to the Carswell Payroll Consultant Hotline Get immediate answers when you need them. our consultants will provide you with personal, one-on-one assistance and expertise. President’s Message Patrick Culhane, FCMA, President Table of contents How to Handle Salary Overpayments 10 Risky Business: It’s Not Just What You Do—It’s How You Do It 14 An Employer’s Guide to Important Legislative & Employment Law Developments in 2011 & into 2012 18 Measuring your Human Resources 22 Performance Level Image: Your Competitive Edge 24 High LOW President’s Message . . . . . . . . . . 3 Chairman’s Message. . . . . . . . . . 5 . . . . . . . . . . . . . 6 VIPP. . . . . . . . . . . . . . . . . . . . . 7 Honour Roll. . . . . . . . . . . . . . . . 8 Health & Wellness . . . . . . . . . . 27 Questions & Answers. . . . . . . . 28 Dialogue January/February 2012 Did You Know? www.payroll.ca columns H appy New Year. I hope you enjoyed the holidays and your year-end administration is going smoothly. Many of you took advantage of the CPA’s year-end seminars—over 190 were offered across Canada and in the U.S. for 2011. Thank you to all the speakers, staff, subject matter experts and strategic alliances who contributed to their success. As we move forward to 2012, I am proud to advise you that the CPA is doing well in these uncertain economic times. We have a very supportive membership, a knowledgeable Board of Directors, a dedicated staff, and a strong financial position. Since the CPA was created in 1978, we have strived to provide the member services that you require to keep your organization compliant with payroll legislation. Our communications play an integral role, providing you with valuable information and resources. In last year’s Members Census, members told us their overwhelming choice of communication is electronic, and we have responded. Recently, the CPA created a Subscription Self-Service Option to enable you to choose which CPA communications you receive and, in the case of DIALOGUE, the format you prefer. You can find this new option on our website, www.payroll.ca. Click on “My Profile” at the top right (login required). As a member, you will continue to receive core services such as legislative updates and association governance emails. We are also adding more member services on our website. Five new Payroll Guidelines were developed in 2011 and posted on the website. We have also added the top 10 Payroll InfoLine questions with answers on the CPA’s website to enable you to get answers yourself. Having a dedicated staff enables the CPA to deliver the products and services that you and your employer need to remain compliant and knowledgeable. In 2011, the staff grew and changed as follows: ■■ In Compliance Programs and Services: Janet Spence, CPM, joined as the Manager; Gaetano Gagliardi, CPM (bilingual), and Jodie-Ann Green, CPM, were hired as Payroll Consultants; and Glenda Patten was hired as Administrative Assistant. ■■ In Membership: Fadwa Afifi was promoted to Manager, Membership Administration, overseeing member services and retention; Syeda Fathima became Team Lead, Member Services; and Emilie Malkiewich joined as Member Relations Representative. ■■ In Communications and Regional Programs: Lynne Currie, PCP, was promoted to Senior Coordinator; and Michelle Sanscartier was hired as Quebec Regional Coordinator. ■■ In Finance: Vince Truong, B.Comm, CGA, was hired as the Manager, responsible for managing the accounting, general management, IT, HR and payroll functions and staff. Enclosed with this magazine, you will find the CPA’s 30th Annual Conference and Trade Show Registration Brochure. This year’s Conference—Capitalizing on Payroll Professionalism—runs from Monday, July 2, to Thursday, July 5, in Ottawa. We hope you will come early to Ottawa and join us in celebrating Canada Day in the nation’s capital! n Payroll & Privacy . . . . . . . . . . . 30 3 TM ThE CPA’S BRINGING ThE BEST JOBS & ThE BEST CANDIDATES TOGEThER Benefits for Employers/Recruiters Benefits for Job Seekers • Over 41,000 job searches per month • Access exclusive job opportunities • Over 5,700 job seekers and resumes • Register your job search criteria for location, available • Upload and store multiple resumes job title and type, and have all relevant postings • Over 4,100 resumes available with the CPA’s PCP or CPM certification, ensuring highly qualified candidates emailed to you using the Job Search Agent tool • Enjoy complete confidentiality of your information • Absolutely no fees for CPA members • Extremely competitive pricing plans * CPA members and non-members can post on JobConnectTM; however, only CPA members have access to the postings. Visit today and see why CPA’s JobConnectTM is the authoritative career resource for the Canadian payroll profession. TM For more information, visit www.payroll.ca, under JobConnect. dialogue chairman’s Message Dianne Winsor, CPM, Chairman is published six times a year by The Canadian Payroll Association. Postmaster: Send change of address notifications and undeliverable copies to: 1600 - 250 Bloor Street East Toronto, ON M4W 1E6 Phone: 416-487-3380 Fax: 416-487-3384 www.payroll.ca Publications Mail Agreement Number: 40011138 BOARD OF DIRECTORS CHAIRMAN Dianne Winsor, CPM Fortis Properties PRESIDENT Patrick Culhane, B.Comm, FCMA, CAE The Canadian Payroll Association VICE-CHAIRMAN Caroline Bernard, PCP, CHRP Wolverine World Wide TREASURER Charmaine Marsden, CPM, CMA Regional Municipality of Halton PAST CHAIRMAN Cindy Forget, CPM C.L. Forget Payroll Consulting Sharon Conboy, CPM Kwantlen University College Marie Lyne Dion, CPM Société de transport de Montréal Carmen Grayson, CPM Superior Payroll Services Catherine Johnstone Rogers Communications Inc. Dialogue January/February 2012 This communication provides general information about selected issues concerning payroll legislative and compliance issues and/or employment and taxation laws. It is not legal advice and should not be relied upon as a substitute for review of your specific situation with legal counsel. Every effort has been made to provide accurate information; however, we advise you to seek legal counsel and advice (from a qualified lawyer) regarding your specific situation. Legal obligations will vary according to the facts and circumstances, as well as the jurisdiction. www.payroll.ca Edna Stack, PCP Workers’ Compensation Board of Alberta I am excited about the start of a new year and I hope you are too! There’s something magical about a clean calendar, a new accounting year, and a fresh start in 2012—even if you have to spend the first couple months wrapping up your 2011 payroll! The CPA has planned another year filled with excellent education, professional development and networking programs to enable you stay on top of legislative changes and new developments. These services provide high-quality content and are a great opportunity to meet with colleagues to share experiences and best practices. I encourage you to participate in as many local and regional activities as you can, and attend the CPA’s National Conference & Trade Show in Ottawa, from Monday, July 2, to Thursday, July 5! The CPA has been providing payroll leadership through advocacy and education for over 33 years, and members count on us for professional payroll knowledge. Payroll InfoLine, the CPA’s members-only email and telephone payroll hotline, is our most popular member service, responding to over 32,000 questions per year. For career-oriented development, we continue to offer our certification programs online and through post-secondary institutions across the country. The Payroll Compliance Practitioner (PCP) is the foundation for a career in payroll. It provides candidates with the legislative content required to keep an organization compliant throughout the annual payroll cycle, effectively communicate payroll information to all stakeholders, and understand the accounting function as it relates to payroll. The Certified Payroll Manager (CPM) builds on compliance knowledge and develops payroll management skills. Based on current market research, the course content was revised and enhanced this year to better prepare a professional to manage a payroll department. During this revision process, we found there were very few payroll management articles and case studies available. We are defining the payroll management body of knowledge and would like to expand our content. If you have a case study or scenario you would like to contribute, please contact Steven Van Alstine, Vice-President of Certification at Steven.VanAlstine@payroll.ca. New students enrolling in the CPM program must have at least two years of experience being responsible for an organization’s payroll function, including being accountable to management for the accuracy of employees’ pay and all government statutory remittances (or equivalent experience), obtained in the past five years. Each student must submit the Payroll Experience Prerequisite Application and receive approval from the CPA prior to enrolling in the Introduction to Payroll Management course. This prerequisite ensures students have the practical payroll experience required to be successful in a payroll management program. Holding a certification demonstrates your competence and commitment to your employer and elevates the profile of payroll as a key stakeholder in strategic business decisions. If you are interested in taking on a new challenge and achieving the PCP or CPM certification, you can find more information on our website, www.payroll.ca, under Certification. Whatever payroll opportunities and challenges the New Year has in store, you can count on your CPA network to be there to provide the support you need! n 5 did you know? Robert Half’s 2012 Salary Guide According to Robert Half’s recently released 2012 Salary Guide: Accounting & Finance, demand for payroll professionals is increasing, as are the salary ranges—up at least 2% from 2011. ? Salary Range Payroll Administrator $37,500 – $47,000 Payroll Coordinator $43,000 – $55,750 Payroll Supervisor $55,750 – $68,500 Payroll Manager $67,500 – $93,000 To download the guide, visit Robert Half ’s website at www.roberthalffinance.com/SalaryGuideDownload. You will also find a tool to calculate typical accounting and financial salaries in your area. Source: Robert Half Finance Retaining Top Talent In a recent survey of organizations with over 20 employees, Robert Half International found that keeping high performers was a top concern. To combat the growing threat of losing loyal employees, companies are introducing perks to attract and retain their most indispensable team members, with the most common being as follows (multiple responses allowed): ? www.payroll.ca Dialogue January/February 2012 6 ■■ Subsidized training/education: 29% ■■ Flexible working hours or telecommuting: 24% ■■ Mentoring programs: 24% ■■ Matching gift programs: 13% ■■ Free or subsidized lunch or snacks: 11% ■■ On-site perks such as childcare, dry cleaning, fitness centre and cafeteria: 11% ■■ Subsidized transportation: 10% ■■ Subsidized gym memberships: 9% ■■ Sabbaticals: 8% ■■ Housing or relocation assistance: 7% cient money to pay them when they retire, according to a recent survey. Only 5% recall hearing about underfunding problems or deficits in DB plans, and only 4% were aware that DB plans are becoming rarer and being phased out. Nearly three-quarters of plan members (74%) say it is their primary vehicle for retirement savings. On average, they expect 55.7% of their retirement income to come from their DB plan, 17.2% from government sources, such as Canada Pension Plan (CPP) or Old Age Security (OAS), and 12.6% from registered savings plans. Source: Grant Thornton in Canada & RBC Dexia Investor Services Coffee Keeps (Financial) Professionals Going With year-end in full swing, are you relying on coffee to help you pull through? You would not be alone—nearly half of workers (46%) say they are less productive without coffee found a recent U.S. survey. Of that number, the majority (61%) drink two or more cups a day. In addition, younger workers (aged 18 to 24) claim that coffee has helped their career by providing networking opportunities. ? Which professionals need coffee the most? 1. Scientist/lab technician 2. Marketing/public relations professional 3. Education administrator 4. Editor/writer 5. Healthcare administrator 6. Physician 7. Food preparer 8. Professor 9. Social worker 10. Financial professional 11. Personal caretaker 12. H uman resources/ benefits coordinator Source: Robert Half International 13. Nurse Members Overly Confident in Defined Benefit Pension Plans The majority of Canadians (83%) defined benefit (DB) plan members believe their organization’s DB plan will have suffi- 14. G overnment professional ? 15. Skilled tradesperson Source: CareerBuilder & Dunkin’ Donuts people Meet a CPA “VIPP” A Very Important Payroll Professional Gail Lee Hoy Payroll & Benefits Administrator Gail Lee Hoy is a payroll professional with over 25 years of experience. She is passionate about payroll and committed to doing her best, which is what inspired a colleague to nominate her as a CPA VIPP. DIALOGUE spoke with her about how she came into payroll and her experiences over these many years. DIALOGUE: How did you begin your career in payroll? Gail Lee: When I left school (many years ago!), I took a tempor- Mississauga, ON successful when year-end balances and closes without any problems. It is very rewarding when pay dates come and go without any calls from employees—that means they were paid correctly and understood their pay statements. However, even if an employee calls, it feels good when that employee goes away satisfied with my answer. All employees are entitled to know what is happening with their pay and should be comfortable contacting payroll any time with their queries. DIALOGUE: When did you get involved with the CPA? Gail Lee: I got involved with the CPA in the late 1980s when I began attending seminars and courses on various changes in government legislations related to payroll, and I continue to do so today. I have also attended the CPA’s Annual Conference & Trade Show many times over the years because I find it very informative and useful in building my network. DIALOGUE: What skills do you think most important for payroll? Gail Lee: In payroll, it is very important to be accurate and detail orientated, and to take the initiative. You must have good communication skills, and be able to maintain confidentiality and use discretion, diplomacy and tact. You must also keep up to date with new legislation. Attending payroll seminars and courses will help develop with all of the above and will help you continuously upgrade your skills. Education is the stepping stone to success. change, listen to suggestions, and be proactive. Try your best to attend CPA seminars and take payroll courses. Most importantly, be happy with what you are doing. n DIALOGUE: What do you find most rewarding about being in payroll? Gail Lee: Payroll is very challenging, and I enjoy challenges. I also Do you know a VIPP who has an interesting job or special payroll talent? enjoy being able to process payrolls accurately and on time. I feel our dynamic and active members. Email their name to dialogue@payroll.ca for consideration in future issues, Dialogue January/February 2012 DIALOGUE: What key advice would you offer those in payroll? Gail Lee: Payroll is a fantastic and changing world. Adapt to www.payroll.ca ary job as a Cost Accounting Clerk. When I changed companies, I remained in Finance, working in Accounts Payable, Budget and Financial Reporting. In 1985, I was working for a drug manufacturing and distributing company, and the Director of Finance offered me the position of Payroll Administrator. I did not know anything about payroll, but he was confident I could do the job and offered to send me on some training courses. I took the job and I am still in payroll to this day. This first payroll position was what I call a “one-person payroll department” because I was literally the only one working in payroll. I was responsible for new hires, termination, benefits, pension, journal entries, reconciliations, budget—anything and everything connected to payroll. The company grew and so did Payroll, from a department of one to a department of five, with me as Payroll Supervisor, reporting directly to the Vice-President of Finance. The people who were hired had no knowledge of payroll, just finance background. I trained them, and they have since moved on to manage payrolls in other companies. Since that company, I have worked at various companies over the years but always in payroll. My experiences range from amalgamating payroll departments to closing payrolls, creating payrolls and benefits for new companies, interfacing payroll with the Finance/ General Ledger to automate journal entries. At my current company, Geodis Global Solutions Canada, I am back to being a one-person payroll department. In fact, I created the payroll, as it was a new company with employees from an existing company. I am responsible for two biweekly payrolls, but I process payroll every week because they have alternate pay dates. It is like I have weekly payrolls for two companies. Geodis Global Solutions Canada Inc. where we will continue to profile and share insights and experiences of 7 Honour rolL Congratulations on achieving professional excellence! The Canadian Payroll Association (CPA) wishes to recognize the professionals who recently achieved the Association’s certifications of Certified Payroll Manager (CPM) and Payroll Compliance Practitioner (PCP). certified payroll manager Marty Gwizdala, ON Rong Lin, ON Padmini Sukumar, ON Ruby Thapar, BC Ellen Toews, ON Radha Vengadesa, ON Linda Werthmann, AB Lifang ( Jessie) Zhang, AB Marcus Aderemi, ON Vijaya Bright, ON Helen Friesen-Kilosky, AB Carole Lajoie, ON Shafiuddin Ahmed, ON Jose Brito, ON Jézabel Gauthier, QC Betcy Lam, BC Blanca Alfaro, ON Isabelle Brunet, QC Elizabeth Gardinier, ON Maria Lamas, AB Janet Ambridge, ON Paulette Bunbury, ON Victoria Go Ho, ON Ernesto A. Jr. Lapitan, Yodit Araya, ON Raymond Campbell, ON Jing Gong, ON Kashif Latif, ON Maria Luisa Arcilla, BC David Alexander Cann, BC Pauline Gosselin, ON Sam Lau, BC Dzemka Avdic, BC Ellen Xiang Cao, BC Owen Graham, ON Charles Emilien Le Jongkyung Baek, ON Genevieve Castillo, ON Clifford Green, QC Angelic Bagsic, MB Cathy Wai-Ling Chan, ON Rachael Griffith, AB Stephen Bailey, ON Koshik Chand, BC Yan Hong (Grace) Gu, AB Januka Balachandran, ON Niklesh Chand, BC Shabana Hakeem, ON Evelyn Barkhouse, NS Liting Chen, ON Kate Hardwick, ON Trudy Barriault-DeBow, NB Renee Cheng, ON Erica Haydukewich, AB Isabel Barrios, BC Ying Cheng, ON Eryn Hillier, AB Snjezana Bartolac, ON Cherry Wen Cheng, ON Erin Houthuyzen, ON Scott Beattie, MB Wendy Wing Yin Chiu, BC Yasmin Hujjatullah, ON Jen Bellefontaine, NS Carlene De Souza, ON Marady Ing, BC Annie Bernard, ON Suzanne Deans, ON Jennifer Jackson, ON Jodie Bieber, SK Krzysztof Dobrzynski, ON Stephanie James, BC Smitha Biju, ON Jaqulien Dorus, ON Nicola Jamieson, ON Terri Bimm, ON Valérie Duclos-Lemieux, QC Sanganette Jarrett, ON Kimberly Black, AB Sarah Dudleigh, ON Asela Jayawickrama, ON Lisa MacPherson, AB Abena Boateng, AB Aysha Ebrahim, ON Shama Joynt, AB Jocelyne Madore, QC Tami Bodnaryk, MB Hyam Elferro, AB Gail Junior, BC Ramona Maharaj, ON Dave Bopara, ON Cendy Elliott, NL Choundhari Lori-Ann March, AB Kristina Borris, NB Jennifer Estey, ON Kalyanasundaram, ON Dorothy Boyce, ON Melody Evans, BC Fariborz Kheiroddin, QC Maria Mascarenhas, ON Kimberly Boyd, ON Susan Eyre, BC Dawn Kilvert, NS Marilou Matadling, AB Shana Boyd, BC Christina Fagan, AB Faye Knox, ON Janet Matheson, BC Cathy Brandow, ON Diane Falardeau, QC Shirley Ko, BC Véronique Mayeu, QC Thomas Breen, ON Deirdre Fitzgerald, NS Fung Wan Lai, QC Louise Maynard, QC payroll compliance practitioner www.payroll.ca Dialogue January/February 2012 8 Breton, QC Yeoleum Lee, BC Grace-Ann Lee, ON Laura Legere, NB Tabita Virginia Leuca, QC Jacquelyne Lewicki, AB Siew Peck Lim, ON Patricia Little, BC Chen (Carol) Liu, BC Yi Liu, ON Guang Hua Long, BC Sandorne Lugosi, ON Pearl MacLeod, BC Jennifer Marko, AB Liat Sherman, ON Arlene Sibley, NS Annu Singh, ON Gudrun Smith, ON Lindsay Speer, ON Ruth Summers, SK Jing Zhao Sun, BC Fang Fang (Alice) Sun, ON Bonnie Sutherland, ON Gloria Tacorda, BC Teresita Tanieca, ON Laurell Taylor, AB Boris Tchavdarov, ON Gurdawar Teja, ON Selamawit Temanu, AB Nancy Thyer, NS Charles Van Vierssen Trip, AB Jacquie Truscott, BC Rosemary Urban, ON Rohinton Vadiwalla, ON Elize Van Der Gun, AB Leslea Chèvonne Vinet, BC Le Anh Vuong, ON Tanya Wagner, AB Zhen Wang, BC Maggie Wang, AB Gerry Watson, BC Chuan Wei, BC www.payroll.ca Danielle Wiebe, BC Margaret Wilkinson, BC Kristine Williams, AB Molly Willis, BC Nancy Wilman, NS Nanette Wilson, BC Nicole Winsor, NB Yun Xu, ON Amanda Yela, BC Li Yi, ON Dialogue January/February 2012 Michelle Megale Bilalakis, BC Nenad Mirkovic, ON Patrick Mitrow, ON Coleen Moen, BC Akrasha MohammedJogie, ON Sean Moloughney, ON Ryan Moncur, ON Clairann Morgan, ON Clarise Morris, BC Robyn Morrison, AB Sharon Muller, SK Reem Naddar, ON Elaine Ngai, ON Natalia Nikitina, BC Barbera Olson, AB Jag Pangli, BC Niketa Patel, ON Rani Patrick, AB Yun Hua Peng, ON Elena Ponomarenko, ON Susan Pottle, SK Stephan Privé, QC Irina Puzanova, ON Kim Ramsden, ON Kashmira Raza, ON Arpad Ribai, ON Claudia Riveros, BC Meri-Beth Rodriguez, ON Valentina Roger, QC Love Rola, PH Viktoria Rulyova, ON Angela Russillo, ON Marsha Salaberri, ON Doris Salloum, QC Sahar Saloor, AB Selwa Samy, ON Maria Sanchez, AB Louise Santerre, BC Darlene Saubak, AB Sharon Scott, ON Cristina Semerean, BC Carol Senkbeil, BC Janet Sheppard, NL Wei (Belle) Zhao, BC Inesa Zhukova, BC 9 How to Handle www.payroll.ca Dialogue January/February 2012 10 Salary Overpayments By Rachel De Grâce, CPM, CEB & Joseph McNamara An employee may receive salary payments that they are later asked to reimburse to the employer. The correct method used to record this repayment of salaries will depend on the reason for the reimbursement and the year in which the employee repaid the amount. The reason will generally fall into one of the following two categories: earnings (Box 26) and EI insurable earnings (Box 24) should not include the amount of the salary repayment. ■■ “Administrative Example: In March 2012, a calculation error was identified where an employee was overpaid $100 gross per month since September, 2011, for a total of $600. The employee agrees to repay $50 per bi-weekly pay period until the total $600 has been repaid. The employee should be asked to reimburse the gross amount of $400 for the overpayment from 2011 ($100 x 4 months), but the employee should be asked for the net value of the $200 overpayment from 2012 since CPP, EI and income tax can be reduced from the current year’s remittances. Amend the 2011 T4 slip to reduce the total employment income, as well as the CPP pensionable and EI insurable earnings, by $400. Do not adjust the amount of CPP, EI, and income tax deducted. The employee will not be able to claim a deduction from income in the 2012 tax year for the repayment, but can amend her 2011 return. errors” as referred to by the Canada Revenue Agency (CRA) / “Employment income paid by mistake” as referred to by Revenu Québec (RQ) ■■ “Employee did not perform duties” (CRA) / “repayment of salary or wages” (RQ) Below you will find guidance on how to handle these salary overpayments to ensure your organization remains compliant. ADMINISTRATIVE ERRORS/EMPLOYMENT INCOME PAID BY MISTAKE If, by mistake, a payment or an overpayment is made to an employee not entitled to receive it, these amounts will not be considered salary, wages or an advance. Do not include the amount in the employee’s pensionable, insurable or taxable income for the year it is received. If, after issuing a T4 or RL-1 slip, it is determined that a payment was made by mistake, issue an amended T4/RL-1 slip for that year to exclude this amount. CRA Source Deductions for Salary Reimbursements Made in the Same Year as the Error To fix an overpayment, the employee may repay the net amount (gross pay less source deductions) as long as it is possible to reduce the next payroll remittance to the CRA by the CPP, EI or income tax remitted in error (including the employer’s share of CPP and EI) before the last remittance for the year has been made. If it is not possible to reduce the next payroll remittance to the CRA for that year because the error was made in a previous tax year, the employee should repay the gross amount of the overpayment. In these situations, the CPP, EI and income tax deductions must be included on the employee’s original T4 slip, but the employee’s total income (Box 14), CPP pensionable ■■ If the employee indicates that they will not repay the amount. ■■ If the employee indicates that they will repay the amount but they do not. ■■ If there was knowledge or collusion. If the employer forgoes their right to the overpayment, this amount should be included in employment income in the year of forgiveness. RQ Treatment of Source Deductions for Employment Income Paid by Mistake If the employee repays the employer after the RL-1 has been filed, the employer will be required to produce an amended RL-1 form for the year in which the error occurred. The overpayment should not be included in employment income (Box A), pensionable earnings (Box G), or insurable earnings (Box I). The employee should be asked to reimburse the gross amount since RQ does not allow employers to reduce QPP contributions, QPIP premiums or Quebec income tax for either the current or prior years. The employee will receive a reimbursement for the over-contributions for QPP, QPIP and Quebec income tax after filing their personal tax return for the year. (The employer may make a written application to the RQ within a four-year period for the employer over-contributions of QPP and QPIP.) Dialogue January/February 2012 CRA Source Deductions for Salary Reimbursements Made in a Different Tax Year from when the Error was Made Exceptions The overpayment should be included on a T4 slip in the year of the overpayment in the following situations: www.payroll.ca Example: In February 2012, because of a calculation error, an employee was overpaid $250 net after being overdeducted $25 in income tax, $15 in CPP and $10 in EI. He agrees to repay the $250 in March 2012 when the error is discovered. Reduce the employee’s pensionable, insurable and taxable earnings by the total gross overpayment, and reduce the employee’s year-to-date CPP, EI and income tax by the amount that was overdeducted. The employer’s next CRA remittance should be reduced by the total CPP, EI and income tax remitted in error, including the employer’s share of CPP and EI. Note: The employer can ask for a refund of the employer’s share of CPP contributions or EI premiums that were deducted in error in a previous year by completing Form PD24, Application for a Refund of Overdeducted CPP Contributions or EI Premiums. 11 Outstanding Amounts May Trigger a Taxable Benefit If the employee was overpaid in error, the employer may need to assess a taxable benefit, particularly if the error resulted in a significant single overpayment, or if the overpayment was long-standing. In these cases, the employer must either charge the employee interest at the prescribed rate or assess a no-interest taxable benefit on the outstanding amount, similar to a no or low-interest loan. Example: In January 2012, because of a calculation error, an employee was overpaid $300. The employee agrees to repay $50 per bi-weekly pay period until the total $300 has been repaid. Each pay period, the employer should assess a no-interest taxable benefit on the remaining unpaid amount since January or charge the employee interest using the prescribed interest rate for the quarter. EMPLOYEE DID NOT PERFORM DUTIES/ REIMBURSEMENT OF WAGES If an employer is reimbursed, in the same or a later year, for salary or wages paid when the employee did not perform their duties, the reimbursement is considered to be a repayment of salary and wages. Examples include: ■■ an employee was advanced vacation leave credits but ended employment before actually earning the credits ■■ an employee was paid a signing bonus but did not work for the time agreed to in the employment contract ■■ an employee was ill and continued to be paid by the employer but then later received payments from a wage-loss replacement plan Source deductions cannot be amended in these circumstances, and the employee should be asked to reimburse the gross amount of the overpayment. This repayment of salary may be claimed as a deduction on the employee’s income tax return. The CRA instructs employers to provide the employee with a letter confirming the tax year the overpayment was reported as income as well as the date, the reason and the amount repaid. In Quebec, if an employer received a reimbursement of wages earned in the current year, the amount of the reimbursement must not be included in Box A of the RL-1. If an employer received a reimbursement of wages earned by the employee in a previous year, Box A of the RL-1 slip must not be reduced. Instead, the employer will be required to enter A-3 in a blank box on the redesigned RL-1 slip, followed by the amount of the repayment of salary. (For the taxation year 2011, the employer can still enter the following note in the empty space in the centre of the RL-1 slip “Box A: Repayment of salary or wages,” followed by the amount.) The employee may claim a deduction on their income tax return when the reimbursement pertains to salary or wages paid in a previous taxation year. Note: The employer portions of C/QPP, EI and QPIP are not refundable. The following table summarizes the correct method of dealing with a salary overpayment, depending on the scenario, as per the CRA and the RQ. www.payroll.ca Dialogue January/February 2012 12 Repayment Type Amount to Repay (CRA) Amount to Repay (RQ) Overpayment Should Not Be Included in T4 Boxes: Overpayment Should Not Be Included in RL-1 Boxes: Refund of Employer CPP & EI Refund of Employer QPP & QPIP Payroll error - repaid in current year Net Gross 14, 16, 18, 22, 24, 26 Boxes A,G,I Yes, adjust next remittance Yes, request refund in writing from RQ Payroll error - repaid in following year Gross Gross 14,24,26 Boxes A,G,I Yes, request refund using PD24 Yes, request refund in writing from RQ Gross Do not amend T4; provide a letter to the employee detailing overpayment and reimbursement. Reduce Box A of the RL-1 if repayment received in the current year. For previous years, enter footnote at the centre of RL-1 slip Box A: Repayment of salary or wages” or Code A-3 (followed by the amount). No No Repayment of salary when employee did not perform duties Gross EMPLOYMENT/LABOUR STANDARDS ISSUES While the CRA and RQ deal with the fiscal treatment of salary overpayments, whether or not an employer can make adjustments to an employee’s pay to recoup overpayments of wages is normally addressed in employment/labour standards legislation. (The collective agreement should be referred to for unionized employees.) Note: Although not all jurisdictions require written authorizations from employees prior to deducting overpayments of wages, it would be considered a good standard of payroll practice to develop policies and procedures that include written authorizations. The following table illustrates the various administrative and legislative positions across Canada dealing with overpayments of regular wages and vacation pay. Overpayment of Vacation Pay Federal (Canada Labour Code, Part III) Employer may deduct overpayment of wages. s.254.1 (2)(d) Employer may deduct overpayment of wages s.254.1(2) (d) as this money was not earned by the employee. Alberta Written permission is needed including specific dollar amount. Notice is to be given to the employee before any reduction is made. s.12,13 Written permission is needed including specific dollar amount or it is considered a gift. Notice is to be given to the employee before any reduction is made. s.12, 13 British Columbia Employer may not deduct overpayment of wages without written consent from the employee. s.21,22 An employer may reduce an employee's annual vacation or vacation pay because, at the written request of the employee, the employer allowed the employee to take an annual vacation in advance. s.59(2) Manitoba Employers may take deductions from pay cheques to balance an earlier wage overpayment or to recover a cash advance. Corrections must be made as soon as the employer knows of them. Failing to deal with the mistake immediately could be considered agreeing to a new wage. Reg.19.7 Under new legislation coming into effect on the date of registration (TBD), deductions without the employee’s authorization will be limited to amounts as per The Garnishment Act (no more than 30% of net pay, with employee receiving at least $250/month if single and at least $350/month if employee has 1 or more dependents). Employer should have a written and signed policy that vacation pay paid in advance will be deducted from the final pay. Under new legislation coming into effect on the date of registration (TBD), deductions without the employee’s authorization will be limited to amounts as per The Garnishment Act (no more than 30% of net pay, with employee receiving at least $250/month if single and at least $350/month if employee has 1 or more dependents). New Brunswick Administrative position: an employer may deduct an overpayment made in error within 1 year. Employer should have a written and signed policy that vacation pay will be deducted from the final pay. Newfoundland and Labrador Employer may deduct overpayment of wages. s.36(3) Employer may deduct overpayment of wages. s.36 (3) Northwest Territories/ Nunavut Employer may not deduct overpayment of wages without written consent from the employee. Employer should have a written and signed policy that vacation pay will be deducted from the final pay. Nova Scotia Administrative position: the employer may deduct overpayment of wages but the employee’s pay cannot be less than the minimum wage. Employer may deduct overpayment if a written policy exists; otherwise, the employee has the right to complain to the Minister of Labour and Workforce Development. Ontario Administrative position: if payment was made in error, overpayment can be deducted from future wages. With written permission or signed agreement prior to advance payment. Prince Edward Island Administrative position: employer may deduct overpayment in a reasonable time frame such as the next pay or few pays thereafter. Under new legislation (date not yet confirmed), the employer may deduct overpayment of wages if authorized in writing by the employee. An employer can deduct overpayment of vacation pay paid as a result of a previous advance of vacation pay to the employee. Reg.1(e) Quebec Administrative position: if an employer can prove that they have overpaid an employee, then the employer can take the money back without the employee’s permission. An employee and employer can have an agreement in writing to allow the employer to deduct the overpayment if the employee chooses to pay back the employer. Saskatchewan Administrative position: employer may deduct overpayment in a reasonable time frame such as the next pay or few pays thereafter. Employer should have a written signed policy that vacation paid in advance will be deducted if termination occurs before it is earned. s.76 Yukon Employer may not deduct overpayment of wages without written consent from the employee. Employer may not deduct overpayment of vacation pay without written consent from the employee. Rachel De Grâce, CPM, CEB, is the Compliance Services Developer and Joseph McNamara is the Research Analyst for the CPA. For more information and questions, members can contact the CPA’s Payroll InfoLine at infoline@payroll.ca. Dialogue January/February 2012 Overpayment of Regular Wages www.payroll.ca Jurisdiction 13 y k s i R : s s e n Busi It’s Not Jus t What You D o —It’s How You Do It www.payroll.ca Dialogue January/February 2012 14 By Ryan Crocker, Communications Specialist, Ceridia n Canada When influential business writer, thinker and consultant Peter Drucker famously said, “Efficiency is doing things right; effectiveness is doing the right things,” he wasn’t referring specifically to risk mitigation—but Daniel O’Rourke says Drucker may as well have been. O’Rourke is Director of Operational Excellence for Ceridian Canada Ltd, a Certified Lean Six Sigma Master Black Belt, and Senior Member of the American Society for Quality (ASQ). As a senior member of Ceridian’s Business Excellence team, he is responsible for leading Lean and Six Sigma initiatives, training, and continuous improvements across Ceridian’s business lines and functional areas. He believes doing things right to improve processes is as critical to reducing risk as doing the right things by introducing structural safeguards. He warns organizations need to focus on how they operate now more than ever if they want to avoid the costly consequences of legislative and regulatory non-compliance. He outlines some key principles organizations can do to reduce the risks related to processes for payroll solutions. ■■ Efficient and effective payroll processes are just as critical to risk mitigation as structural safeguards, such as secure buildings or encryption technology. ■■ Avoid payroll processes that include functions with distinct objectives, replacing them with objectives that are interdependent. processes should include a continuous improvement component based on actual needs. It’s not as much work as it seems on the surface. Organizations need to structure their continuous improvement initiatives around their actual business needs, not from a textbook on what they “should” do. Too often, there is a tendency to get married to a methodology and the tools and administration of that methodology gradually starts to become the focus rather than the results themselves. From a business perspective, nothing could be further from what you need. Every organization needs to constantly improve or, for sure, your competition will take that position for you. In terms of risk, if you are not constantly improving, your risk management will only become more expensive and less effective. The challenge for leadership is to take the appropriate level of ownership of that improvement need and ensure that the efforts put in around it never stray from the goals the business needs to achieve. Ultimately, improvement programs should be practical, not academic. In terms of payroll systems, recognize the impact of data gathering at the preliminary discovery stages and how even minor gaps in content or even format render that activity largely useless for areas dependent on it upstream. Something as simple as the way data is organized can cause massive rework loops further on up the value chain. In addition to the cost of addressing that rework, this also creates risk as the original subject matter experts may no longer be available to provide the content needed. This can sub-optimize final outputs or miss critical criteria. Many organizations have this type of issue simply because there is a lack of awareness of what the next areas in the value chain actually need and in what format they need it to arrive in and when in order to be successful. At each stage, the responsible area is simply taking care of their tasks, and they just don’t have the visibility to the next group’s requirements in any great detail. Dialogue January/February 2012 Payroll processes should reduce the time and complexity from solution to service, and remove the grey spaces where client needs can be lost. Simply put, they should remove the approach of having functional islands with distinct objectives, and replace them with objectives that are interdependent. This should be supported by a process where the critical control points have been identified up front, to remove or reduce the probability of any risk of failure as the product or service moves through your systems. The resulting experience is a more flexible delivery, faster results and turnaround times, and a more secure process that is designed beginning with the client, keeping their concerns and needs visible throughout the value chain. ■■ Payroll www.payroll.ca Risk comes in many forms. You can risk the value delivery to your internal or external clients, risk profitability, risk data security, risk timelines.... The list is virtually endless. The common element is that risk adds up to lost value: lost time, lost dollars, lost clients, lost reputation, and, most importantly, a loss of trust in the system and how your client’s view the services you provide. Structural safeguards must be seen as the last gate of protection. If they are cumbersome and filled with red tape to use, it is almost guaranteed they will be circumvented. This renders them less than useless. Ideally, you should design your processes to protect yourself and your clients’ data from corruption or loss. This is not as difficult as it sounds, though it does require that the business or process is thought of in a systems perspective rather than just as points of singular risk along the value chain. We need to look at the process from the lens of “Where am I most at risk? What elements need to be controlled to mitigate that risk from an upstream perspective? What are the interconnections that need to be controlled to ensure risk exposure is minimized?” In many ways this is similar to how the food we consume is protected at critical process points from a risk of contamination or other health concerns. In the food industry, the methodology for this is referred to as Hazard Awareness and Critical Control Point (HACCP), and similar thinking can be applied to virtually any process or value chain regardless of industry or business conditions. Here we are looking at risk from several perspectives including time, quality, and delivery. 15 should look at the ''’Organizations whole system, how each part interacts ''’ and how clients are affected. A key change is to close those gaps and create bridges of visibility where key critical inputs are required. ■■ To improve payroll processes and reduce risk, organizations should look at the whole system, how each part interacts and how clients are affected. Common in any organization are the grey areas that exist between functional groups. By this, I mean where an organization has any item or service that moves through their organization or engages internal partners, there is the risk that the client needs can be lost or diluted between those hand-offs. They drop into the grey areas. This is not because of people doing anything wrong, but rather the visibility of those client needs is lost between the functional units themselves. There is rarely an end-to-end view. These factors can put a number of things at risk, including data security, www.payroll.ca Dialogue January/February 2012 16 quality, costs, and profitability. Without looking at how each part interacts with the next, asking “What do I need to receive to be successful here at each step?” and examining that question from the perspective of your clients’ ultimate needs, you will inevitably end up with holes in your processes and operations. They will be sub-optimized, overly complex and expensive at best—and at worst, they will directly lead to some form of client or business failure. For organizations that are ready to tackle their risky processes, there are three critical steps to follow: ■■ Increase visibility across functional areas. Every time you create islands of activity in your business you create opportunity for client and business critical items to disappear in the areas between those islands and introduce any number of risks as a result. ■■ Look at your product or service process from an end-to-end perspective. Ask, “What does each step in this process require to be successful...and is it being delivered to that process step in that manner today?” Any gaps you identify are areas where risk is present. ■■ Create interdependent metrics. If you have independent, area specific measures of success criteria related to a product or service stream with interdependent inputs/outputs, you create the potential for sub-optimized conditions. n Ceridian Canada is a payroll/HR solutions provider that helps clients optimize their workforce, reduce costs and save time by finding, paying, deploying, developing and engaging their talent. With 40 years of experience, proven expertise and recognized service excellence, Ceridian is a trusted partner to 40,000 Canadian customers. Its Integrated Fulfillment Program encompasses all the principles outlined above. www.ceridian.ca Ryan Crocker is a member of Ceridian Canada’s Marketing and Communications team. An award-winning former journalist, he works as a writer and consultant in both internal and external communications. He can be reached at ryan_crocker@ceridian.ca. Two greaT payroll organizaTions one powerful alliance Carswell Payroll ProduCts now endorsed by the Canadian Payroll assoCiation as needed CPA members are entitled to a 20% discount on all Carswell publications. Visit www.payroll.ca under “Resources” for more information. 20% DISCOUNT FOR CPA MEMBERS PROMO CODE be quoted 66477 must to receive discount * offer valid for new subscribers only get certified! payroll compliance practitioner certified payroll manager Payroll ComPlianCe PraCtitioner (PCP) Certified Payroll manager (CPm) Payroll is responsible for the compliance and for understanding the 190 pieces of legislation surrounding the $810 billion in wages and benefits paid annually by Canada’s 1.5 million employers, plus the $250 billion in statutory remittances to the federal and provincial governments, and over $90 billion in health and retirement benefits. http://www.payroll.ca/go/?getcertified Courses offered at colleges and universities across Canada. Online courses start monthly. 1-800-387-4693 ext. 272 certification@payroll.ca www.payroll.ca Dialogue January/February 2012 18 An Employer’s Guide Important Legislative & Employment Law Developments in 2011 & into 2012 By Yosie Saint-Cyr, LL.B., Human Resources and Compliance Managing Editor, HRinfodesk—Canadian Payroll and Employment Law News Here is a brief overview of the wide range of developments that occurred in the realm of employment law in 2011. Is your workplace prepared for the following important legislative and employment law developments in 2012? Accessibility for Ontarians with disabilities Social Networking Workplace Violence & Harassment We are just beginning to find out how the violence and harassment prevention provisions under Occupational Health and Safety legislation and regulations across Canada are being applied. Employers need to keep abreast of these legal developments as they unfold. In 2011, the courts established several important legal principles that serve as lessons for employers, including: ■■ The utterance of a threat of violence— for the purpose of intimidation—constitutes an act of violence; this is true regardless of whether or not: The person issuing the threat has any intention to follow through on the threat. The person issuing the threat has the ability to follow through. The person receiving the threat feels afraid. ■■ A worker who hears another worker issuing a threat must report the incident. ■■ Employers cannot ignore, dismiss or trivialize reported threats and other violent incidents. ■■ Reported incidents must be thoroughly investigated and addressed. ■■ When considering how to discipline an employee for uttering a threat, an employer must place extra weight on the seriousness of this sort of misconduct, assess the likelihood that the misconduct could or would be repeated if the worker remained in the workplace, and act in a manner that gives due consideration to the safety of other workers. ■■ Employers must ensure that disciplinary decisions are based on actual evidence gained from a thorough investigation. ■■ Complaints should not be based on hearsay, or what other employees experience; they must be based on what the actual complainant experienced first-hand. • • • Dialogue January/February 2012 The use of social media (and social networking) websites continues to overlap with workplace activities as employees access and post on the “social web” from their workplaces and about their work. One clear principle coming out of 2011: ■■ Communications over the Internet and social networking, whether at work or home, are not private activities considering that numerous people may have access to this information. ■■ Employees who use these media to comment on their employers, co-workers or clients are fair game for discipline up to termination. Discipline up to termination is warranted where an employee’s use of the Internet, blogs and social media sites prevents him or her from performing duties satisfactorily, working effectively with colleagues, and adhering to an employer’s confidentiality policies. Discipline up to termination is also warranted when the use of social media results in the harassment or defamation of management or fellow employees, or undermines management’s ability to direct its workforce. www.payroll.ca The Accessibility for Ontarians with Disabilities Act (AODA) drastically rewrote accessibility laws in Ontario. The AODA provides for the creation of accessibility standards enforced by regulations. The regulations mandate organizations with at least one employee to take specific steps (i.e., policies, practices and procedures) to increase accessibility for people with disabilities. This means removing barriers that may hinder the person’s full and effective participation in society on an equal basis. A disability is broadly defined to include permanent or temporary physical, mental, intellectual or sensory impairment. Five accessibility standards are in the process of being implemented (with various effective dates) under two sets of regulations: ■■ The Customer Service Standard under the Accessibility Standards for Customer Service Regulation (Ontario Regulation 429/07), which became effective January 1, 2012. ■■ The Information and Communication, Employment and Transportation Acce ssibility Standards under the Integrat ed Accessibility Standards Regulations (Ontario Regulation 191/11), for which the compliance timelines vary (based on the category and size of organizations). As Ontario sees the AODA requirements phased in between now and 2025, organizations across Canada will be watching. Can we expect to see AODAtype provisions adopted in other provinces? On June 16, 2011, the Manitoba government passed Bill 47, The Accessibility Advisory Council Act and Amendments to The Government Purchases Act, which cre- ates greater accessibility standards for people with disabilities who face barriers in everyday life. One of the council’s first tasks will be further development of the legislation that will set out accessibility standards. The council has 12 months from the date the Bill became law to do just that. Recommendations are expected in the summer of 2012. The Newfoundland and Labrador government has also decided to launch a consultation to develop a strategy for the inclusion of persons with disabilities. The consultation will focus on how best to remove existing barriers and prevent new ones, and how to address these issues. Accessibility standards are a possible solution. New Brunswick has proposed the Barrier-Free Design Building Code Regulation under the Community Planning Act; that would make new commercial buildings more accessible for persons who suffer from physical disabilities. 19 “ Employers have serious legal obligations that require practical guidance to maximize compliance, mitigate legal risk and achieve business objectives. ” ■■ In some cases, termination of the employee will be a reasonable and measured response. In addition, the Saskatchewan Court of Queen’s Bench has confirmed that employees will be barred from commencing an action outside of the scheme of the Workers’ Compensation Act, with respect to allegations of harassment against employers when it occurs in the course of employment. Drug & Alcohol Testing www.payroll.ca Dialogue January/February 2012 20 Setting up an effective, legally compliant drug and alcohol testing program can be one of the toughest challenges organizations face. The risk of legal liability, including employee lawsuits, continued to grow in 2011. On July 7, the New Brunswick Court of Appeal handed down a decision regarding an employer’s alcohol testing policy. In Irving Pulp and Paper Limited v. Communications, Energy and Paperworkers Union of Canada, the Court found that the random alcohol testing policy in the case was reasonable. Once an employer has demonstrated that their workplace is inherently dangerous, and that the testing is for alcohol-related impairment and done by breathalyser, random alcohol testing will be justified. With respect to random drug testing, the Toronto Transit Commission has adopted a policy to expand its testing program to all active employees in safetysensitive positions. The TTC anticipates that it will randomly test 10 percent of its 6,000 employees in such safety-sensitive jobs in a given year. The union is challenging the practice, and it is likely that the issue will travel through the courts for years. Nonetheless, the TTC has taken a strong stand, which suggests it is ready to defend the controversial practice. This does leave the issue of drug testing unresolved, but the trend in the case law certainly seems to be more lenient in allowing for random testing. It is possible that requirements regarding drug testing will also soon be relaxed. Employment Standards & Health & Safety All jurisdictions in Canada are restructuring and beefing up their employment standards and health and safety systems and enforcement processes to raise the level of compliance. These initiatives will probably increase the number of complaints or violation orders in 2012. In addition, most jurisdictions have seen other employment standards and health and safety developments over the past 12 months: new or enhanced job-protected leaves, new self-help complaint processes, special rules for temporary help agencies, clarification of the right to temporarily lay off employees, increased minimum wage entitlements, new return-to-work obligations, increased mandatory health and safety training, new codes of practice, and much more. Employers must keep up to date with their obligations under these broad pieces of legislation. Furthermore, 2011 saw a further increase in the number of claims against employers for allegedly retaliating against employees who inquire about their rights, or who make a claim against the employer. One reason: the onus is on the organization to prove that retaliation did not occur, and most of the time they can’t. In these cases, careful documentation is key. In general, the test to be used when deter- mining whether an employer has retaliated against an employee is composed of two parts to be determined on a balance of probabilities: 1. Is there a link between the alleged conduct and the filing of the complaint (or any other action for which retaliation is not permitted)? 2. Was the alleged conduct, at least in part, a deliberate response by the employer? As 2012 begins, it is more critical than ever for organizations to be aware of the implications of retaliating against employees and reduce potential risk. The court’s discussion of retaliation provides an important reminder to employers to take care when dealing with employees who inquire about or attempt to enforce their rights under human rights, employment standards, health and safety and other employment-related law. n Conclusion Dialogue January/February 2012 Expanded legal commentaries on the above topics and citations for the mentioned cases can be found on HRinfodesk.com and First Reference Talks. As a publisher of human resources print and electronic publications, First Reference strives to provide Canadian businesses with the most straightforward, authoritative and cost-effective resources. For more information, go to the First Reference website at www.firstreference.com. www.payroll.ca Every one of these issues has caused hours of discussion over 2011, and they’ll continue to garner attention in 2012. Every business in Canada should be aware of what these things might mean for them and how they might play out in the future. Employers have serious legal obligations that require practical guidance to maximize compliance, mitigate legal risk and achieve business objectives. n 21 Performance Level Measuring your Human Resources By Duff McCutcheon, HRPA High www.payroll.ca Dialogue January/February 2012 22 If your organization was investing in a new piece of equipment, a key part of the business plan would include metrics to measure ROI and performance. You can’t manage what you can’t measure, and having reliable numbers to monitor performance is critical to spotting trends, problems and opportunities, as well as providing a framework to make evidence-based business decisions. Uncovering Human Resources Issues An organization’s human resources—its people—are no exception. Payroll is typically a business’s largest expense, yet few organizations implement appropriate metrics to measure performance in this area, and to benchmark against peers and competitors in similar industries and sectors in terms of productivity, compensation, recruitment, retention, turnover, workforce demographics and HR department efficiency. This is largely because, in Canada, there has been little HR metric benchmarking available up to now. However, new HR LOW benchmarking resources are being introduced, such as the HR Metrics Service, a collaborative venture by Ontario’s Human Resources Professionals Association (HRPA) and several provincial HR associations, and other similar benchmarking providers. Now, more and more Canadian organizations are able to use HR metrics to measure the performance of their people investments and to benchmark against peers and competitors. Consider this example: A British Columbia credit union discovered high turnover among its younger staff after it began monitoring retention and turnover rates. While the metrics showed overall turnover was acceptable, high turnover among workers aged 25 to 35 indicated that young people did not view the credit union as a long-term career choice and exposed problems in the organization’s flow of management talent. The credit union corrected the problem by concentrating on what they offer young people and engaging them with learning and development opportunities. They’ve also begun identifying people with management potential earlier so there’s a quicker connection with the fact that they can enjoy a longterm career with the institution. Payroll-Specific Metrics There are more than 90 HR metrics organizations can measure and benchmark against, including productivity, retention, workforce demographics and compensation. However, the metrics most relevant to payroll professionals are Labour Cost per Full-time Equivalent (FTE), Labour Cost Revenue Per Cent, Labour Cost Expense Per Cent and Benefits as Percentage of Total Compensation. ■■ Labour Cost per FTE refers to the average labour cost to the organization for each Full-Time Equivalent (FTE). It is used to better understand the impact that labour costs have on total expenditures, and to monitor how these costs change overtime. It’s also used to monitor increases in overall labour costs (not just salary) through combining, payroll, benefit and other taxable compensation-related expenses. ■■ Labour Cost Revenue Per Cent examines total labour costs as a percentage of organizational revenue, or, how much you spend on salary and benefits as a percentage of the revenue generated. The metric result can be translated as the amount of investment in your employees required to generate each dollar of revenue. ■■ Labour Cost Expense Per Cent looks at the total labour costs as a percentage of total expenses. This metrics tells you the percentage of your total operating expenses that are spent on compensating your employees. Labour cost can be a significant operating expense, in particular in an organization that relies on human capital to generate value. ■■ Benefits as Percentage of Total Compensation gives you a picture of whether you’re being generous in your benefits or whether your benefits are costing you more than others. It’s a way to keep a scale on whether what you spend on healthcare and perks is appropriate relative to other organizations. It also gives you a sense of whether your benefits spending is increasing relative to your compensation spend. “Your profitability is contingent on bringing in more money than you spend,” says Lisa Irish, manager, HR Metrics Service. “For most organizations, the majority of expenses are in labour costs, so if you’re able to get a picture of what this looks like, and compare with other firms, then making adjustments to control labour costs can increase profitability.” New Challenges Require Robust HR Data As a recent Conference Board of Canada report, Valuing Your Talent: HR Trends and Metrics, points out, looming human capital shortages—notably retiring boomers and key skills shortages over the next decade—means employers must make difficult decisions about how best to invest scarce resources in people. To make those decisions, organizations need hard data about the quality and capacity of their people, as well as about the practices and initiatives that build talent. HR metrics provides this information and paints a much fuller picture into the health of your operations. n Duff McCutcheon is communications specialist at the Human Resources Professionals Association (HRPA). For more information about the HR Metrics Service, visit www.hrmetricsservice.org. Absenteeism Costs Continue to Rise Dialogue January/February 2012 Director of Research & Learning at the British Columbia Human Resources Management Association (BC HRMA). “Far from being a prediction about what is coming, the data suggests that this is now a reality. Organizations who do not have a strategy and process in place to effectively promote good health and support high levels of work commitment will increasingly find themselves spending time and money managing absences. The amount of money involved is significant. Based on the median labour costs recorded in the HR Metrics Service database, organizations with absences at the median are spending more than $1,000 per Full Time Equivalent (FTE) a year more on non-productive time than their counterparts in the top 10 per cent. The difference between the top 10 per cent and the worst 10 per cent is even greater at around $3,000 per FTE.” www.payroll.ca The annual direct cost of absences has increased from $1500 per Full Time Equivalent (FTE) in 2009 to $1800 per FTE in 2010 and will likely continue climbing, according to an HR Metrics Service Q2 2011 quarterly report. Across a workforce of 500 full-time employees, this translates into $900,000 per year, and projections for 2011 suggest that this figure will increase by 7% HR Metrics analysts say the increase in absenteeism can be attributed to a range of factors including an aging workforce, lower levels of employee commitment and employee burnout. It brings a significant increase in additional organizational costs through lost productivity, additional labour costs for overtime, and increased workload to track and deal with attendance. “Much has been talked about the ageing workforce and the health needs of the generation Y,” says Ian Cook, 23 Your Competitive Edge www.payroll.ca By Lynne Mackay, Image Consultant Dialogue January/February 2012 I t’s easy to think about what you wear as part of your daily routine, an almost unconscious choice. However, it is important to remember that clothes form part of your appearance and how people will evaluate you. Within 10 seconds of meeting someone, your subconscious has already noted certain characteristics, such as body type, hair colour, facial expressions, tone of voice—and clothing choices. If these initial perceptions are negative, we tend to attribute secondary characteristics that are equally negative, such as unprofessional, lacking attention to detail, unknowledgeable, etc. 24 Rectangle: Bust and hips are about the same size, creating an overall straight silhouette Your style aim is to create the illusion of curves. Broaden your shoulders with collared shirts and structured jackets, and cinch your waistline to create definition. Beyond body type considerations, every professional should have the basic wardrobe items. Invest in good quality items, as they should last for at least five years. ■■ Suit jacket ■■ Pair of tailored dress pants (also, for women, straight or A-line skirt) ■■ White, collared shirt ■■ Blazer or item jacket ■■ Pair of patterned pants ■■ Sweater or cardigan ■■ Overcoat to cover all hem lengths Aside from these timeless pieces, it’s never a bad idea to have a few trendy items. When a person wears dated clothing, they risk sending the message that they are not likely up to date on a professional level as well. To maintain an impression of professional currency be sure to have a few items that are fashionable or in the popular colours of the season. The critical skills in the workplace today remain a combination of academic skills, teamwork skills and personal management skills. Image awareness is only one element that affects personal management, but it can play an important role in how you present yourself. Dressing the part can help you influence others, have people treat you better, and gain trust for special assignments, but more importantly, it helps you build your selfconfidence and pride. As the saying goes, “If you look good, you feel good, and if you feel good, you do good.” n Lynne Mackay delivers individual consultations, keynote presentations, workshops and conferences that enhance a company’s human resources credibility, including personal image, networking and business etiquette/professional behaviour programs. With her 30-year background in personal appearance and image development, Lynne has worked with Fortune 500 companies across North America and has counselled top executives in many well-known corporations. Her in-house seminars are dynamic and effective, providing valuable practical insights that can be applied by all who attend. Mackay Byrne Group Inc.: www.mbg.ca Dialogue January/February 2012 Triangle: Smaller midsection with most of one’s weight in the thighs, derriere and legs To flatter this shape, draw attention to the top half of your body. Extend the shoulder line to balance with hips. Look for fabrics that have weight and flow away from body (e.g., tweed). Round: Larger bust with most of one’s weight in the stomach, derriere and upper thighs Shoulders, hips and thighs are narrower, and should therefore be the focus to flatter this shape. To create the illusion of a longer and slimmer upper body, draw attention upwards towards your shoulders and face. Look for styles that are elongating and have a slimming effect on the torso. www.payroll.ca Although we’re not consciously choosing to “ judge a book by its cover,” we do have a tendency to evaluate a person’s character based on appearance. The style of clothing someone chooses to wear can make them come across as being more sincere, reliable and trusting, or more daring, provocative and unreliable. Appearances can even influence judgments of a person’s competence even when the task at hand is unrelated to appearance. As a payroll specialist who wants to be taken seriously and seen as a competent, know that your dress will influence how others assess you and your abilities, and dress accordingly. Even though a suit or similar formal attire may not be required or expected in many of your organizations, your clothing choices still play an important part in the way people think of you: intelligent, knowledgeable and professional. Our appearance also affects the way we see ourselves. We usually feel better about ourselves when we make an effort to look our best. Image plays an important role in creating a positive outlook and in enhancing personal motivation. A change in hairstyle, an addition to your wardrobe, or being in better physical condition can help create a more positive, professional image. Polling questions during the CPA’s recent webinar, “Projecting a Winning Image: The Psychology of Perception,” indicated the number one negative aspect of a person’s image was clothing that is too tight. So making the right retail choice is the starting point in creating a professional image that speaks well of you. Before you purchase clothing, ask yourself—or a friend: Does it fit properly? Is it comfortable? Is it the right thing to wear this season? Is this appropriate for the kind of job I have? Is it suitable for my body type? Accentuating your strengths and downplaying your weaknesses is the key to dressing properly for your body type. Here are some suggestions for the three most basic types: triangle, rectangle, and round. 25 C O M M I S S I O N D E S N O R M E S D U T R AVA I L Visit www.cnt.gouv.qc.ca It exceeds all standards! A site about Quebec’s labour standards, open to all: Employees, employers, information relayers and partners in action Direct access to the labour standards Several tools SERVICE DES RENSEIGNEMENTS 514 873-7061 Montréal area 1 800 265-1414 Elsewhere in Quebec, toll free Start the New Year with New Skills TaxabLe benefiTs and aLLowances Learn the payroll implications for a full range of taxable and non-taxable benefits and allowances. ● February 16 - Winnipeg , MB February 16 - Calgary, AB ● March 21 - Pointe-Claire, QC ● March 29 - Regina, SK ● April 13 - Mississauga, ON ● April 19 - Kitchener, ON ● April 27 - Burlington, ON ● Learning PayroLL i A complete introduction to the payroll function, processing and reporting requirements, and the payroll practitioner’s key role in government statutory withholding, collection and remittance. February 29 - Toronto, ON ● March 15 - Vancouver, BC ● March 22 - Calgary, AB ● March 28 - Ottawa, ON ● ● March 29 - London, ON Visit www.payroll.ca/go/?dia for details, including locations, curriculum, costs and online registration. For more information, contact 1-888-729-7652. Learning PayroLL ii For payroll professionals who have a basic understanding of the payroll function and want to explore more complex processes and government requirements. March 1 - Toronto, ON ● March 16 - Vancouver, BC ● March 23 - Calgary, AB ● March 29 - Ottawa, ON ● ● March 30 - London, ON HEALTH & Wellness by Lynne Currie, PCP Make Time . for Yourself As a payroll professional, you are always taking care of other people, making sure they get paid and answering any questions. In your personal life, you may also play the caretaker role to certain friends and family members. Often, you are so busy that it seems nearly impossible to find time for yourself and scheduling a timeout might seem like a luxury. However, setting aside time to relax and rejuvenate is not selfish—it’s essential. When you take care of yourself, you are happier, more productive and better equipped to deal with any issues that may develop. Here are some tips on how to find that missing “me” time, so you can be then face your responsibilities with renewed energy and enthusiasm! ■■ Leave work on time. Especially at this At least once a month, schedule a meal out with friends, a scary movie date, a weekend getaway or even just a hot bath. Pick something you always want to do but never find time for, book it well in advance, and cation class that you would find fun. Communities and institutions offer a wide range of topics, such as photography, foreign languages, yoga, writing and dancing. Pick something that will let you get away from it all and reconnect with yourself. ■■ Make your commute about you. Getting to and from work can be stressful. If you can, commuting via public transit gives you some free time to plan your day, read, write or just relax. If you must drive, make the most of your time by listening to an audio book or your favourite type of music, or use that quiet time to review where you are in life and what you are grateful for, and set goals for your future. ■■ Plan to wait. If you have a good deal of “waiting” time in your life, change it to personal time. Bring along the book you never find time to read, the stretching routine you can’t seem to fit in, or the knitting project you always mean to get to. In fact, take it a step further and create waiting time by arriving 15 minutes early to appointments so you have some alone time to think, write or do whatever you would like. natural pauses. Do not go directly from one task to the next. Instead, take a conscious pause—it can be as short as a minute—to feel a sense of accomplishment and reaffirm what is truly important to you. For that brief period, disconnect from what you are doing and savour a moment of inner peace and quiet. Then take a deep breath and direct your attention to the next task. Resist the urge to make this personal time productive time. Don’t spend it filling out paperwork or folding laundry. Life should not be just about crossing off items on your “To Do” list; it should be full on moments to enjoy. If you feel tired, overwhelmed and that you are constantly putting others’ needs before yours, schedule some “me” time and make it a priority. By taking care of yourself now, you will have more physical and mental energy to help your family and friends in the future. n Lynne Currie, PCP, is a health and wellness consultant, and managing editor of DIALOGUE. She enjoys sharing her passions of nutrition and active living to help others improve their overall wellness through a healthy diet and lifestyle. She can be reached at Lynne.Currie@payroll.ca. Dialogue January/February 2012 ■■ Make an appointment with yourself. ■■ Sign up for a class. Take an adult edu- ■■ Use www.payroll.ca time of year, you may be working long hours trying to wrap things up and stay on top of your job, but you will burn out if you push yourself too much. At least once a week, make it a point to leave exactly on time. And remember to leave work at work so you enjoy this extra time. make it a vital appointment in your calendar so it actually happens! 27 Questions & Answers From the Payroll InfoLine The questions featured in this column were submitted to the CPA’s Payroll InfoLine via telephone or email. Question: I have an employee who is over 65 and not currently receiving Canada Pension Plan (CPP) benefits. He has submitted a CPT30 form to payroll requesting that we stop deducting CPP contributions from his pay. Can you confirm if this is allowed, as my understanding was that this was only an option to individuals in receipt of CPP pension benefits? Answer: Under the new rules for administering CPP contributions that come into effect January 1, 2012, only employees who meet all of the eligibility criteria listed below may file a CPT30 election to stop CPP contributions: ■■ Employee is at least 65 but under 70; ■■ Employee is in receipt of CPP or QPP retirement benefits; and ■■ Employee has not filed a revocation of a prior election with their employer during the current calendar year. If the employee does not meet all of these eligibility criteria, you must deduct CPP contributions from pensionable earnings. Please refer to the CPA’s Canada Pension Plan Changes Guidelines, available on our website, www.payroll.ca, for complete details on the new administration of CPP contributions, including various examples and illustrative tables. CPA members can also refer to the interactive CPP Decision Tool. www.payroll.ca Dialogue January/February 2012 28 Question: Do the Canada Revenue Agency (CRA) and Revenu Québec now require employers to report pensionable and insurable earnings (C/QPP, EI and QPIP) on the T4 and RL-1 forms for the 2011 reporting year? In the past, we were only required to report the QPIP insurable earnings amounts in Box I of the RL-1 form. We have Quebec employees and would like to ensure we are reporting the pensionable and insurable amounts correctly. Answer: Effective for the 2011 reporting year, both the CRA and Revenu Québec have decided that pensionable and insurable earnings must be populated with amounts, from $0 up to the applicable maximum pensionable or insurable earnings amounts (see table below for examples): ■■ The 2011 yearly maximum pensionable earnings (YMPE) for C/QPP are $48,300.00. Pensionable earnings are reported in Box 26 of the T4 and Box G of the RL-1. ■■ The 2011 EI maximum insurable earnings (MIE) for EI are $44,200.00. EI insurable earnings for EI are reported in Box 24 of the T4 only. ■■ The 2011 maximum insurable earnings for QPIP are $64,000.00. QPIP insurable earnings are reported in Box 56 of the T4 for Quebec employees and Box I of the RL-1. (Although Boxes 24 and 26 of the T4 slip must always be populated, Box 56 can still be left blank if the QPIP insurable earnings are either equal to the employment income reported in Box 14 or over the maximum for the year.) uuuuu The following table illustrates examples of three different employees in 2011. (If not a Quebec employee, Box 56 would remain blank and the RL-1 slip would not be needed.) Employee’s pensionable and insurable earnings T4 Box 24 T4 Box 26 T4 Box 56 RL-1 Box G RL-1 Box I $65,000 44,200 48,300 64,000 48,300 64,000 $55,000 44,200 48,300 55,000 48,300 55,000 $30,000 30,000 30,000 30,000 30,000 30,000 Question: What are payroll’s responsibilities regarding the new Volunteer Firefighter Tax Credit (VFTC)? Answer: The VFTC was announced in the 2011 Federal Budget and is effective January 1, 2011. Volunteer firefighters who serve at least 200 hours per year at one or more fire departments are eligible for the VFTC. Services that make up those 200 hours include responding to and being on call for firefighting and other emergencies, attending meetings at the fire department, and taking courses in preventing and putting out fires. For payroll, the income exemption related to volunteer firefighter duties is to be identified on the T4 slip, regardless of whether the volunteer firefighter intends to claim the exemption or the new tax credit. Enter the amount of the exempt payment (up to $1,000) paid to qualifying volunteer firefighters using the new code 87. Any remaining taxable amounts are reported in Box 14 of the T4 slip. Any further decisions about claiming either the exemption or the new VFTC then becomes the individual’s responsibility when filing the personal income tax return. Establishing the credit’s value depends on the type of plan that the employer maintains. The PA is the total of an employee’s pension credits from all pension plans (employers may have more than one type). An individual’s PA in a year reduces his/her RRSP limit for the following year. As a basic rule of thumb, the larger the dollar amounts of the PA, the smaller the employee’s eligible space for a RRSP contribution becomes. The PA limits and calculation methods differ from plan to plan. The following table outlines the formula for each type of pension plan: TYPE OF PLAN PA FORMULA Defined Contribution/ Money Purchase Employer contributions + employee contributions + reallocated forfeitures + additional voluntary contributions (AVCs) Defined Benefit 9 x Benefit Entitlement - $600 DPSP Employer contributions + reallocated forfeitures Combination Plan Total of pension credits from each concerned component Group RRSP No PA calculation (employee will receive RRSP receipts from plan provider) uuuuu Question: Can you explain how pension contribution room relates to the calculation of the Pension Adjustment (PA)? www.payroll.ca Dialogue January/February 2012 Answer: Individual Canadians can shelter no more than 18% of earned income for the preceding calendar year up to a determined dollar maximum. This overall limit applies not only to registered retirement savings plans (RRSPs)—either on a personal contribution basis or through an employer—but also to employer-sponsored registered pension plans (RPPs) and deferred profit-sharing plans (DPSPs). Employers are required to calculate and report a PA if the organization administers an RPP or DPSP. When an employer provides a RPP or DPSP, a pension credit is created for each plan member. In simple terms, the credit represents the value of the benefit earned or accrued during the taxation year. 29 payroll & privacy by John Wunderlich This is the first of six articles that will deal with the different aspects of managing personally identifiable information through its life cycle. This article focuses on the policy and procedure framework necessary to be able to talk about, manage, and measure personally identifiable information, beginning with when your organization first acquires it to when your organization can safely dispose of it. Disposal Personal Information. Life Cycle An Information Life Cycle Approach: It’s Not Always about You www.payroll.ca Dialogue January/February 2012 30 Sometimes it is worthwhile to step back and look at what you are doing and why. This is especially true when there are risks involved— as is the case with the collection, use, disclosure, retention, and disposal of personally identifiable information. Just because last year’s approach sufficiently minimized risks does not mean it continues to do so. The New Year is a good time to start thinking about this. After the yearly tax filing deadlines are past, it is a good time to map out where you are going with your information policies and procedures. Information life cycle management (ILM) is a comprehensive approach to managing the flow of an information system’s data and associated metadata from start to finish. This approach is not just about hardware or storage procedures; it tries to capture, and sometimes automate, the process of moving information through an organization’s information systems. Information, or data, management is becoming increasingly important as compliance-related issues proliferate. Privacy is just one area of this issue. If your organization does not already have an ILM project in place, now would be a good time to start. What does that mean for payroll professionals? The life cycle of payroll/HR data from a privacy perspective can be simplified in the following chart: information coming into the organization (collection), sharing of the information within and outside of the organization (use), storing of the information while at the organization (retention), and destroying the information once no longer needed (disposal). Collection Retention Use To get ready to manage the information through its life cycle, you need to ensure you have the policies and procedures in place to implement what you need to do. The following is a list of some of the most essential tools. Policies ■■ Employee Privacy Policy: This policy should state clearly what data is collected from employees and for what purposes. This ensures that “collection” and “use” are documented properly. From an ILM perspective, the policy should also provide guidance on when and to whom data may be disclosed, and set out the general rules for retention. ■■ Data Security Policy: The security policy is the complement to the privacy policy. It should set out the requirements for ensuring that data disposal is documented, and how retention limits may be implemented. ■■ Data Retention Schedules: Each organization should establish what requirements for data retention apply to it. At minimum, this should define what data is required to be kept to meet Canada Revenue Agency requirements, and there may be additional industry or professional standards. From a privacy point of view, the actual length of retention is the minimum time necessary to exhaust all reasonable business uses and applicable regulatory requirements for retention. ■■ Third Party Requirements Policy: There should be a policy, or at least standard language, for organizations to which data is disclosed to follow. This does not apply to government agencies that obtain data under statutory authority. Publications from The CPA ■■ Data Disposal Policy: At the end of the retention period for personally identifiable information, it must be disposed of. This policy provides guidance to ensure that all copies of data are identified and disposed of in a timely manner. Request for Questions & Feedback Over the course of 2012, I will devote one column to each of the following topics: ■■ Collection: What information can you gather and why? What can you do with the information you have and why? ■■ Disclosure: With whom can you share information and why? ■■ Disposal: How can you safely dispose of information? ■■ Metrics: What kind of information do you want to use to measure your successes? ■■ Use: Notice: This column reflects solely the opinions of the author. Individuals are encouraged to seek qualified legal advice on points of law or matters of interpretation. To order your copy ($44.95 each plus tax & shipping), visit www.payroll.ca. Dialogue January/February 2012 John Wunderlich is an information privacy and security consultant, based in Toronto. For more information, check out his intermittently updated website at http://compliance.wunderlich.ca. One of the biggest anxieties for payroll professionals is dealing with annual vacations. This is particularly true if your organization operates in more than one jurisdiction. This publication provides detailed information and resources on payroll-related issues surrounding vacation time and pay in Canada. www.payroll.ca I would like to include practical advice that relates to how you do business. To that end, please send me questions about privacy and information life cycle or examples of when you did one aspect of the life cycle particularly well. I am also interested in hearing about challenges that you have faced. Send you questions and feedback to john@wunderlich.ca. Include “CPA Life Cycle” in the subject line. With your input, I think we can make some interesting, relevant case studies to help all of us improve the way we meet our privacy requirements. n Payroll, by its very nature, has always operated with the realities of confidentiality and privacy protection. This updated publication looks at how privacy laws apply to payroll management and discusses what should be done and what would be beneficial to do. 31 Find a smarter way to work. You know the value of hard work but you also know how much more can be achieved when you work efficiently. By simplifying your administration and streamlining your processes, we can help you increase productivity and maximize the potential of your resources. Finally, you and your people can be free to focus on what you do best – your jobs. adp.ca 1 866 228 9675 HR. Payroll. Benefits. The ADP logo and ADP are registered trademarks of ADP, Inc. In the Business of Your Success is a service mark of ADP, Inc. ©2012 ADP, Inc. Scan with your mobile device’s QR code reader to visit us on YouTube