On May 17, 2013, the Ontario government filed O. Reg. 157/13 amending Regulation 460 (General) made under the Freedom of Information and Protection of Privacy Act (“FIPPA”).
O. Reg. 157/13 amends the Schedule to Regulation 460 by revoking and/or adding certain entities as designated institutions under FIPPA.
With one exception, O. Reg. 157/13 came into force on May 17, 2013.
The Social Justice Tribunals Ontario (“SJTO”) has announced a consultation process regarding proposed new Common Rules of Procedure which will apply to Tribunals in the SJTO cluster, including the Human Rights Tribunal of Ontario (“HRTO”).
One proposed change of interest to employers and respondent service providers is the codification of existing case law regarding vexatious litigants. Since 2008, the HRTO has developed a body of jurisprudence which reflects how it will deal with litigants who fail to be respectful of the Tribunal’s processes. The new general rules of the SJTO cluster (which will apply to the HRTO) include specific rules regarding “Courtesy and Respect” and “Abuse of Process”. Other new rules include some clarification about litigation guardians for minors as well as some further guidance on who may represent a party at an HRTO hearing.
The proposed new Rules are posted. Any comments on the proposed changes are invited by May 31, 2013.
On May 8, 2013, the Québec government tabled Bill 39, Voluntary Retirement Savings Plans Act. If passed, Bill 39 would create voluntary retirement savings plans (“VRSP”) for specified workers in Québec who do not have access to employer-sponsored retirement savings plans.
As stated by the government, beginning in January 2014, firms which have at least five employees and which do not offer registered retirement savings plans or tax-free savings accounts for which payroll deductions could be made or provide no registered pension plans, would be given two years by Bill 39, if passed, to comply with the obligation to provide the VRSP to their employees. Eligible employees would then have the choice as to whether to join the VRSP. The VRSP would permit employees to choose or change their contribution rates, with the default rate being 2% on date of entry.
The VRSPs are the Québec version of the federal Pooled Registered Pension Plans (“PRPPs”). As previously reported, a VRSP bill (Bill 80) had been previously introduced but expired on the order paper with the calling of the Québec election in 2012.
On May 7, 2013, Bill C-60, Economic Action Plan 2013 Act No. 1, passed Second Reading in the House of Commons and was ordered referred to the Standing Committee on Finance.
As previously reported, Bill C-60 is omnibus legislation which, if passed, will give effect to certain initiatives contained in the Federal Budget 2013.
On May 8, 2013, the Ontario government filed O. Reg. 148/13 amending O. Reg. 274/12, Hiring Practices, under the Education Act.
Subsection 4(2) of O. Reg. 274/12 has been amended such that an occasional teacher may apply to a board to be placed on a long-term occasional teachers list and the board shall grant the teacher an interview, subject to the conditions specified therein.
Clause 4(2)(b) of O. Reg. 274/12 has been amended such that an occasional teacher may apply to the board to be placed on the list and the board shall grant the teacher an interview if the teacher has been on the board’s roster of occasional teachers for at least 10 months and “the teacher has taught as an occasional teacher in one or more schools of the board for at least 20 full days during a 10-month period that is within the five years immediately preceding the day the application is submitted.”
O. Reg. 148/13 came into force on May 8, 2013.
Social Insurance Number Regulations made under the Department of Human Resources and Skills Development Act, which include Consequential Amendments to the Employment Insurance Act Regulations, came into force on April 30, 2013.
Among other things, these Regulations align the regulatory framework with legislative changes enacted in the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) which end the mandatory issuance of Social Insurance Number (“SIN”) cards (cards may continue to be issued on a discretionary basis). Operationally, this will be achieved by March 31, 2014. As previously reported, the relevant provisions in the JGLPA regarding the end of the mandatory issuance of SIN cards came into force on March 1, 2013.
Under these changes, the SIN will still be required by employers, but there may be no physical SIN cards. SIN cards which are already in circulation will remain valid.
Regulations Amending the Canada Pension Plan (Social Insurance Numbers) Regulations, made under the Canada Pension Plan, also align these Regulations with the legislative changes which end the mandatory issuance of SIN cards.
Sections 434 to 439 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) have been proclaimed into force effective July 1, 2014.
The JGLPA is omnibus legislation giving effect to certain initiatives contained in the federal Budget 2012. Sections 434 to 439 amend the Canada Labour Code (“Code”) to, among other things:
On May 2, 2013, the Ontario government tabled its Budget 2013, “A Prosperous and Fair Ontario” as well as Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013, legislation which, if passed, would implement certain initiatives contained in the Budget.
Among other things, the measures contained in the Budget of interest to employers include:
An FTR Now providing a more detailed analysis of the Budget proposals will be availabe shortly on our website.
For an analysis of the Carrigan v. Carrigan Estate decision, see our FTR Now of March 28, 2013 “Supreme Court Denies Leave in Carrigan.”
On April 29, 2013, the federal government tabled Bill C-60, Economic Action Plan 2013 Act, No. 1, omnibus legislation giving effect to some of its Budget 2013 initiatives.
In conjunction with the tabling of Bill C-60 and further to its Budget 2013 initiative to ensure that Canadians have first priority at job opportunities when they become available, the federal government also announced significant modifications to the Temporary Foreign Worker Program (“TFWP”) through legislative, regulatory and administrative changes. In this regard, Bill C-60 would, if passed, amend the Immigration and Refugee Protection Act to include the following:
On April 25, 2013, Bill 32, Registered Human Resources Professionals Act, 2013, carried at Second Reading and was ordered referred to the Standing Committee on Regulations and Private Bills.
As previously reported, if passed Bill 32 would repeal the Human Resources Professionals Association of Ontario Act, 1990. Among other things, it would provide a framework for membership in the association, set out procedures relating to complaints, establish a disciplinary process and authorize practice inspections.
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