Human Resources Legislative Update - Legislative Developments in Human Resources Law

As part of the independent, mandated review of the changes resulting from the enactment of amendments to the Ontario Human Rights Code (the “Code”) which came into effect June 30, 2008, a consultation paper has been published which identifies key issues and points for discussion for the public consultation process which will take place in January and February of 2012.

The review, chaired by Andrew Pinto, is prescribed by section 57 of the Code. It will consider the “implementation and effectiveness” of these amendments, including an assessment of the Human Rights Tribunal of Ontario’s “direct access" model. 

Public consultations are also prescribed under that section, prior to the Chair’s submission of a Report to the Minister, which must occur within one year of the Chair’s appointment, which occurred on August 12, 2011.

For more information on the Consultation Paper and the review process, see our FTR Now of January 3, 2012, entitled "Ontario Human Rights Review Chair Invites Comments on 2008 Changes to the Human Rights Code."

Effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain employers in the construction industry. These amendments will apply, with certain exceptions, to independent operators who carry on business in construction, and to sole proprietors and partners in a partnership that carry on business in construction and do not employ any workers.

On January 1, 2012, a free, “voluntary pre-registration” period of one year will commence during which affected employers may register electronically on the Workplace Safety and Insurance Board ("WSIB") website, through the WSIB’s eServices. Premiums will not become due until January 1, 2013.

The pre-registration period will coincide with a year-long education campaign designed to educate construction industry employers about the new mandatory coverage.

More information about mandatory coverage in the construction industry and the pre-registration period is available in an “F.A.Q” information sheet, which has been posted to the WSIB website.

On December 8, 2011, Bill C-22, an Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service, came into force, along with supporting regulations.

The Internet Child Pornography Reporting Regulations provide the enabling framework for the legislation. It names the designated organization (Canadian Centre for Child Protection) for the purpose of receiving reports, and elaborates upon its role, functions and activities, as well as the manner in which "service providers" discharge their duties under the Act. This includes the notification of police, and preservation of evidence in accordance with sections 3 and 4 of the Act.

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On December 21, 2011, the Ontario government announced changes to the Pension Benefits Guarantee Fund (“PBGF”) that will become effective January 1, 2012. The enhancements to the PBGF were introduced with Phase II of Ontario’s pension reform and the passage of Bill 120, Securing Pension Benefits Now and for the Future Act, 2010, and are enacted pursuant to Regulation 466/11 under the Pension Benefits Act.

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On December 14, 2011, the federal government released draft legislative proposals outlining proposed amendments to the Income Tax Act (“ITA”) and the Income Tax Regulations to facilitate the implementation of Pooled Registered Pension Plans (“PRPPs”) for public commentary.

The proposed amendments would incorporate PRPPs into the existing ITA regime for registered retirement savings vehicles and would provide the basic framework of income tax rules that will apply in relation to PRPPs, including the treatment of employee and employer contributions and limits on contributions made to PRPPs. The federal PRPP legislative framework is outlined in Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, which, as previously reported, was introduced on November 17, 2011.

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